Previously on JAG...
Pappy, I've got a pop-up.
Armored vehicles converging
on inbound refugees.
Suspect refugees in danger.
Badman Three, if you
haven't been shot at
and Photo Bird is clear,
recommend disengage.
I can't. They're going
after those refugees.
I smoked them good, Boomer.
Oh, you are the man, "X."
Plus, you get all the luck.
Oh, yeah.
Is this the man?
Is this the man?
Something wrong, CAG?
Lieutenant Buxton,
did you attack vehicles
on the highway east of Zlata?
Yes, sir.
Serb armor about to cut
off a group of refugees, sir.
Those Serbs, Lieutenant Buxton,
were Russian peacekeepers.
You k*lled three
of their senior officers.
Commander Rabb was there?
Apparently, he was close by.
He was not
involved in the action.
Well, that would be a first.
You've got to move on this, A.J.
Mr. Secretary,
with all due respect
we don't even know
what happened yet.
The Russians say
this Lieutenant Buxton
cold-bloodedly m*rder*d
three of their senior officers.
Well, they always
were so reliable
during the Cold w*r.
The Cold w*r is over...
we hope.
Now, do I need to tell you
how important it is to keep them
on our team in Kosovo?
I pulled Lieutenant
Buxton's service record.
He has excellent
ratings across the board.
Crackerjack pilot.
Likely next assignment...
Test pilot school.
Could end up an astronaut.
I was thinking something more
along the lines
of a court-martial.
Sir, we still don't
know what happened.
Then find out.
Thanks.
Hey, stranger.
It's good to see you.
You, too.
So how was your trip?
Lieutenant Colonel?!
Ma'am.
Ah, uh... well, this...
this just happened.
I was going to tell you...
My heartiest
congratulations, ma'am.
Thank you, Commander.
At ease.
Can we get to work now?
I could really use your
help on this investigation.
You know, the Russians
are screaming bloody m*rder,
the Pentagon doesn't
know whether to go to w*r
or dig a hole in the sand.
Well, I'm no longer with
the JAG Corps, ma'am.
I'm an aviator.
Oh, so you're not one of us.
You're one of them.
I will, of course,
obey any lawful orders
that you give me, ma'am.
I will try to keep
them all lawful, then.
Aye, aye, ma'am.
These things happen, Colonel.
Sometimes they do, Captain,
but they're not supposed to.
And what was Lieutenant
Buxton supposed to be doing
when he att*cked
the Russian vehicles?
Monitoring the no-fly zone.
Keeping Yugoslavian aircraft
out of our operational area
as defined by the
cease fire agreement.
The no-fly zone was
up in the air, correct?
He was also escorting a plane
photographing suspected
mass grave sites
and he was aware
that rogue Serb forces
have been slipping
across the border
terrorizing returning refugees.
We have standing orders
to prevent that. I see.
Well, had the vehicles Lieutenant
Buxton fired on been reported
to be violating the cease-fire
or terrorizing refugees?
Not to my knowledge.
Captain, I'll need the HUD
tapes from that mission.
Also, radio and radar readouts,
a copy of Lieutenant
Buxton's kneeboard cards
and a tape of the
C.V.I.C. briefing.
Everything Lieutenant Buxton saw
before he went up.
How about what he
saw after he went up?
I'm all ears, sir.
She talked to my RIO, sir.
She's just doing her job.
She talked to my plane crew,
she talked to the
damn Russian admiral...
I can get to some
people before she does.
Don't do it, Buxton.
They could pile on
obstructing justice, too.
Those desk jockeys
aren't going to be happy
until the X-Man's butt
is polishing a rack
in Leavenworth.
Look, I know the Colonel.
I guarantee you, she's fair.
But does she understand?
You're up there with me.
You know what it's like.
Come on, sir.
You would've taken
the shot, wouldn't you?
I don't know that.
But you know how it felt, Pappy?
Like a tool in a groove.
Like... like a hand in a glove.
I mean, how many times
have we practiced strafing?
I could train 20 years...
My entire life...
To fight in an aircraft
and then retire
without ever doing it.
And what would that make me?
Lucky.
Oh, come on. You just want
to bore holes in the sky
your whole time in the Navy,
or do you want to do
what you were built to do?
Look, if I saw
those trucks doing
whatever it is you
thought they were doing...
Driving.
Driving.
They were Yugoslavian
and they were just... driving.
They were in the wrong place
when I was in the right place.
That's what I thought.
You shouldn't
be telling me this.
Why?
MacKENZIE: Hello, Admiral?
MacKenzie.
That's the SECNAV, Colonel.
He wanted to hear
your report first-hand.
Good morning, sir.
What have you got?
Well, Lieutenant Buxton's
orders were very clear, sir.
"Do not engage ground forces
"without
incontrovertible evidence
"of prohibited activity.
"If in doubt, call the
battle force commander
for authorization."
What'd his RIO say?
Well, he said he was too
busy with his instruments to see
what was happening
on the ground.
At ease, Lieutenant. Are
those the photographs?
Yes, sir. These
were... Thank you!
Uh... taken after the attack.
The destroyed Russian vehicles
had the letters K-4 on
their roofs and hoods.
They were pretty clearly
marked as part of the peace force.
Well, if Lieutenant Buxton
had bothered to take a look...
Which he didn't...
Radar shows he went
down once to strafe.
No identifying passes.
Sounds like we have plenty.
Uh, Colonel MacKenzie,
can you win a conviction
on manslaughter?
Uh, maybe, sir.
Disobeying orders
will be a stronger case.
Then we'll charge him with both.
Thanks.
Bravo, Colonel.
Bravo.
I thank you...
for seeking justice for
our m*rder*d colleagues.
You like to sit with me?
No, I'm sorry.
I promised to sit with
Commander Rabb.
Uh, why don't you give
me the bubonic plague, too,
while you're at it?
Do you want me to
eat in my stateroom
so the other boys
don't get mad at you?
No, no. Stay.
I should warn you, though,
that meatloaf was a bad choice.
Right. Thanks.
We haven't really
had a chance to talk.
Well, we've exchanged
e-mails a few times.
Of course, you failed to
tell me of your promotion.
Well, I didn't want to
take your mind off...
My new inferiority?
You feel inferior here?
Here? No, Mac, I
was born to be a pilot.
I belong here.
So, JAG... What, you
were just k*lling time
till you got your eyes fixed?
No, JAG was fine.
Although I don't envy being
in your shoes at the moment.
Colonel MacKenzie...
may I have a word with you?
Manslaughter, ma'am?
It isn't right.
A court-martial will decide
what's right, Lieutenant.
I was doing what I
was supposed to do.
What I was trained to do.
This is not the
time or the place.
Ask the Commander.
He'll tell you, ma'am.
Tell me what?
What I did. Why I did it.
He understands. I told
him what happened.
You told him
everything? Yes, ma'am.
Well, then you just put him
on my witness list, Lieutenant.
Wait a minute...
You can't do that.
Actually, I can.
Yes, she can, but she
really doesn't want to.
Because Commander
Rabb is my lawyer.
What?!
I thought you quit JAG.
I did quit JAG. I
can't be your lawyer.
You already are, sir.
I told you things
confidentially.
You gave me legal advice.
He did? You did?
Well, uh, maybe a little.
You're my man, Pappy.
Well, "Pappy," I'll be
seeing you in court.
In what has become
a familiar ritual,
chanting Russians
marched outside
the American embassy
today, denouncing
the deaths of three
Russian officers in Kosovo...
We're court-martialing the
poor bastard who k*lled them.
What else do they want?
Well, they want you
to lose, Commander.
Excuse me, sir?
You're the lead
counsel in defense
of the, uh, "poor
bastard who k*lled them"
so I suggest that
you put an "alleged"
in that phrase from now on.
I thought Commander
Rabb had the case, sir.
Well, I thought it was better
that the attorney of record
was a lawyer still sanctioned
by the Navy to practice law.
I don't think Rabb will
be happy to see me, sir.
Lieutenant, you'll assist
Colonel MacKenzie
in the prosecution.
Aye, aye, sir.
You and Brumby will leave
for the Mediterranean
at 1930 tonight.
You can leave the office
say, 1700 to pack.
We don't all have to be there
for the investigation,
do we, sir?
Well, it is customary
the attorneys attend
the court-martial.
It's going to be held
on the Patrick Henry.
Uh, why, sir?
Well, the CAG made the
not unreasonable point
that the defendants,
several of the witnesses
and one of the defense attorneys
are active-duty
pilots in a w*r zone.
They may need to walk
out of that courtroom
and do their jobs.
That will be all.
Sir?
Do you have any message
for Commander Rabb?
No.
Hey, how was your trip?
I don't know. I'll ask my
stomach if I ever see it again.
What? You've never
been tail-hooked before?
Mother said it was a
sin before marriage.
Bud!
Colonel!
I'm ready to dive right
into this case, ma'am.
Somehow, Bud, you don't look it.
Do you know where
Commander Rabb is?
Out there.
He's keeping up his quals.
We shouldn't even be having
this conversation.
What Lieutenant Buxton
did isn't manslaughter.
At worst, it's
collateral damage.
"Any person who
unlawfully kills a human being
"by culpable negligence
is guilty of involuntary
manslaughter."
Actually, we could
have charged m*rder.
We're already
giving you a break.
I didn't m*rder anybody, ma'am.
Lieutenant, now, you
insisted that I be your lawyer
so listen to me... be quiet.
We might reduce the
charge even further
if your client pleads.
To what?
Negligent homicide.
Three years confinement
and a dishonorable discharge?
For k*lling three
people? It's a bargain.
- Unacceptable.
- Hold on, mate.
Let's confer with our client.
I know where my
client stands. How?
Am I allowed to talk now?
Yeah. No.
You know, maybe you three
should have a little conference
among yourselves before
you get together with us.
Excellent idea.
We don't need one.
MacKENZIE: Well, they'll
get it together eventually, Bud.
For the disobeying
an order count
we'll need to nail down that
NATO rules of engagement
qualify as a general order.
I think the older precedents are
on our side, but I want you to...
Bud.
Bud.
Do you know what they're
doing up there, ma'am?
They're landing 40,000 pounds
of screaming metal
onto a tiny speck
in the middle of the ocean.
That's what Lieutenant
Buxton does for a living.
Commander Rabb, too.
All I do is look up
legal technicalities
on a laptop computer.
Well, would you
feel better about it
if your computer
weighed 40,000 pounds?
No, ma'am.
Those precedents... do
you want military courts only
or anything federal?
Yes, ma'am, as the fleet JAG,
I briefed the members
of Squadron V.F. 218
on the rules of engagement
for Operation Joint Guard.
MacKENZIE: Was the
defendant, Lieutenant Buxton,
present for the
briefing? Yes, ma'am.
So, what did you tell the
members of the squadron?
Well, basically, that
they could use force
only when enemy forces were
demonstrating hostile intent
or committing hostile
acts against NATO forces
or civilians under
our protection.
And what if the
situation was ambiguous?
Then they were to pass
requests to use force
up the chain of command.
I see, and after you
explained all that
what, if anything, did
Lieutenant Buxton say?
He said, "Yeah, and if I
need to scratch my six,
do I have to call
the president?"
What is his "six,"
Lieutenant Aldridge?
His behind, ma'am.
Thank you.
I'm an S-3 pilot in Sea
Control Squadron 28
attached to Air Wing 16 on
board U.S.S. Patrick Henry.
We fly anti-submarine
warfare missions.
We also do in-flight refueling.
Was there an occasion last month
when you began and then aborted
a refueling of the
defendant's plane?
Objection. That
occasion has nothing to do
with the incident
at issue here, sir.
What is the relevance,
Colonel MacKenzie?
I believe it will soon
become clear, Your Honor.
Give me a hint.
Negligent carelessness is a
key element of manslaughter.
We will show that
such carelessness
by Lieutenant Buxton
did not suddenly
y of the crime charged here.
I'll allow it.
Sir...
I'll allow it.
Just keep it short.
Yes, sir.
Lieutenant Mirvis,
please describe
that aborted refueling.
Yes, ma'am.
Lieutenant Buxton radioed
us that he was low on fuel.
We were low ourselves,
but we told him to come on over
and I streamed my drogue.
I was about to give
him everything I had.
What happened then?
We received an emergency
call from another pilot.
Actually, the Commander.
He'd had a bird strike
and was streaming fuel.
So, two planes needing
fuel, and you low...
Now, what would standard
operating procedure be
in a situation like that?
Give them both a little
and direct them
to another tanker.
Is that what happened?
No, ma'am.
Lieutenant Buxton
pulled away and said
that he could make it
back to the carrier okay.
Really? Well, when
he first radioed you
how much fuel did he
tell you that he needed?
He said he needed 2,000 pounds.
And how much fuel
was he supposed to
be carrying in reserve
when he landed on the carrier?
2,000 pounds.
2,000 pounds he didn't have.
He could have crashed.
Isn't that right,
Lieutenant Mirvis?
He did land safely, Colonel.
He barely
landed at all. Objection.
Withdrawn.
No further questions.
Lieutenant Mirvis, by
declining to take fuel for himself,
did Lieutenant Buxton
accomplish anything that morning?
Yes, sir. He made sure that
you got enough to get back safely.
Thank you.
Look at that, Commander!
Getting up to
1,500 miles an hour
pulling six "G" turns.
Finding a carrier deck
on a night like this.
You know what
the pilots call us?
Legal weenies.
Yeah. Well, at least we don't
have to go 1,500 miles an hour,
pull six "G" turns
or find a carrier deck
on a night like this.
Sorry, Commander... I didn't mean
to imply you should feel inadequate.
Maybe they're the ones
who feel inadequate, Bud.
So, how'd you hear about
the refueling incident?
The Russian admiral told me.
Apparently, Buxton
told him the story
when they were
jaw jacking one night.
That was before he
started k*lling Russians.
Harm, you knew he was pulling
stunts like landing on fumes.
He could have k*lled
three people then.
He didn't.
He could have.
But you didn't blow the whistle.
I mean, what was that?
Some sort of macho
pilot camaraderie.
You don't even like the guy.
I'm a pilot, Mac.
I don't pull out my law book
every time I see
one of them jaywalk.
So you let him jaywalk.
And now here we are.
Gives us an opportunity
for another one of
our friendly chats.
MacKENZIE: What is your assignment
in the Air Force, Captain Weston?
I'm a senior strike controller
on an E-2 Charlie
Hawkeye flying out of Aviano.
And what is your mission?
We basically fly around
on surveillance station
for 12 hours at a time
providing command and
control for allied aircraft
over the truce area.
So you tell NATO
pilots what to do.
Yes, ma'am.
You tell them what not to do?
We do, or we provide a link
to the command center in
Vicenza, and it tells them.
Did you communicate one day
last month with the defendant?
Yes, ma'am. I renew my objection
to this line of questioning.
The day the Colonel
is asking about
is not the day of the incident
we're concerned with here, sir.
Is that right,
Colonel MacKenzie?
Yes, sir. It was
another occasion
when the defendant demonstrated
dangerously reckless conduct.
May we approach, sir?
What exactly is this
witness going to testify to?
A few days
before the defendant
started k*lling Russians
he defied warnings
to stand down,
crossed into Yugoslav
airspace to chase a MiG
that he had no right to chase
and was nearly shot
down for his trouble.
Now, Commander
Rabb here saved his life.
Commander, I'm
beginning to think
that you should be a witness
instead of defense counsel.
Sir, my testimony
would not be relevant.
All mention of these incidents
is prejudicial to the defendant.
It's also a breach
of Rule 404 of the
Rules of Evidence.
"The prosecution cannot mention
prior bad acts."
We can if they go
to proof of motive.
What motive?
Buxton had no motive
to k*ll those Russians.
Even you grant
it was unintended.
MacKENZIE: Yes, but motivated
by his desire to fight,
his desire for glory
and his lack of concern
over where we went
or who he shot at
to get it.
That is completely
unsubstantiated
speculation, Colonel.
I can substantiate
it if you allow me
to show the pattern.
Your objection, Commander
Rabb, is overruled.
Proceed, Colonel MacKenzie.
We're getting k*lled.
Your fault, mate.
You saved him.
MacKENZIE: and what
was Lieutenant Buxton's
mission on the day he att*cked
the Russian vehicles, Captain?
To patrol the no-fly zone
and to escort a plane
taking photographs
of suspected mass grave sites.
So...
nothing about k*lling
Russian observers,
is that correct, sir?
There was a standing order
to protect returning refugees
from rogue elements
of the Yugoslav military.
Wasn't there also
a standing order
to query higher authority
before firing at a target
if there was anything
ambiguous about it?
"If there was anything
ambiguous about it," yes.
And wasn't the
defendant also subject
to a standing rule of engagement
not to use force
except in response
to a hostile act or a
clear demonstration
of hostile intent?
Yes.
Thank you, Captain.
Captain Pike,
were there refugees
in the vicinity of the vehicles
Lieutenant Buxton att*cked?
Uh, yes, a mile or
two down the road.
In the direction the
vehicles were headed?
Yes.
Were Yugoslavian vehicles
supposed to be anywhere near
those refugees, CAG?
No.
Why not, sir?
Because a week before
they shot ten people there.
So, Captain, as
a combat officer,
in your opinion,
was it reasonable
to infer hostile intent
to Yugoslavian vehicles headed
in that direction on that road?
Yes.
Thank you, sir.
No further questions.
"Reasonable to infer"...
Doesn't "infer" imply
that there was some sort
of ambiguity in the situation?
It implies the pilot had
to make a judgment.
The type of judgment that
was supposed to be made
by a senior authority,
not an amped-up pilot
looking for a shot at glory.
Objection.
Sustained.
Colonel, I would say
you had to be there.
Well, since that's
not possible, Captain,
we're just going to have to
do the best we can right here.
No further questions.
Let me have a crack at it, mate.
Captain Pike, as air wing
commander, you are responsible
for the competent
operation of every plane
in the group, correct?
Yes.
For example, if you noticed
that a pilot was drunk
as he entered the cockpit
it would be your duty to
prevent that, wouldn't it?
Yes, Commander.
Captain, are you
aware of an incident
in which Lieutenant
Buxton returned to the carrier
dangerously low on fuel?
There was an occasion
when he had a lower reserve
than regulations require.
What's he doing?
And did you discipline
the Lieutenant
for that infraction, sir?
I counseled him.
"Counseled him"?
Then, are you aware
of a subsequent incident
in which the
Lieutenant conducted
an unauthorized pursuit
of a Yugoslav MiG
and was nearly shot down?
Sir...
may I confer with co-counsel?
Now?
It'll take but a minute, sir.
Very well.
What the hell are
you doing up there?
Trying to get our
client off the hook.
It doesn't sound that way.
I'm stuck with lemons,
Harm. I'm making lemonade.
Short recess, sir?
Ten minutes.
When were you gonna let
me in on this strategy, Brumby?
It just came to me...
A desperation move
after you struck
out on your cross.
I struck out?
Correction:
Colonel MacKenzie
struck you out.
Were you and I in the
same courtroom or what?
Look, Harm, she hammered us
getting those previous
reckless acts into the record.
They weren't "reckless,"
Commander.
No, they were insane.
We'll deal with them.
I am dealing with them...
Making them work
to our advantage...
By shifting blame for the deaths
of the Russians to Captain Pike.
What's the CAG
got to do with this?
Four years ago, an
air group commander
was successfully court-martialed
for dereliction of duty
after the fatal crash of a pilot
under his command
with a history of
reckless flying.
So?
So, the Commander should
have grounded the pilot.
After your stunts
the CAG should've grounded you.
I mean, strictly speaking,
it's not a defense
but it could influence
the members, Harm.
So, you're trying to get me
off by telling these people
that I shouldn't
be allowed to fly?
Yeah.
Sir, you're fired.
Fine.
You tell him, Harm.
It's not fair to the CAG
and it could backfire, Brumby.
I'm not talking about fair.
This is all we've got to
get our client acquitted
of a crime that
could land him in jail
for ten bloody years, mate.
It's my job, Harm.
It's your job, too, remember?
It could work.
I don't care if it gets
me a ticker-tape parade.
I'm not going to slam the CAG
and I'm not going to tell
these people I'm not competent
to fly. So, would you rather go
to jail for ten years, mate?
I'd rather go to jail
for 10,000 years, sir.
I guess we're trying
something else, Brumby.
Hey, your mystery recess over?
Are you going to
go back in there
and try to lynch the CAG?
Actually, there'll be no
further questions, Colonel.
Isn't this a terrible comedown
for you, though, sir...
I mean, out of the air and
back into the courtroom?
"Terrible"? Not except
for working with Brumby.
Well, I guess for
you it's just one case
and, then, you
know, you're done.
What's with him?
He's a legal weenie.
I can assure you,
Admiral, no one is trying
to diminish the deaths
of the Russian officers.
I should hope not.
I just have a few questions.
sh**t.
Can you tell us
what this is, Admiral?
That is the flag of
my country, Russia.
This the same flag
that was flown by
the armed column
that Lieutenant
Buxton att*cked, sir?
Of course.
Can you tell us
what this is, sir?
That is the flag of Yugoslavia.
Oh. Very similar,
wouldn't you say, sir?
I suppose.
I would like these marked
Defense Exhibit
Seven and Eight, sir.
Can you tell us
what this is, sir?
An armored command vehicle...
The same type that the
Lieutenant destroyed.
A B.T.R.-60, is
that correct, sir?
I believe.
Are these same vehicles used
by the Yugoslavian army?
So what? This one was
just driving down the road.
Is that a "yes," Admiral?
Yes, but this belonged
to the peacekeeping force
and had the
initials on the side.
Thank you, sir.
No further questions.
The headquarters knew this.
The radio channel was open.
Thank you, sir.
The idiot is supposed to ask
before he sh**t.
Thank you, Admiral.
I had heard reports
of what the Serbs were
doing to the refugees.
And what was that?
Objection: Hearsay
and irrelevant.
It goes to the defendant's
state of mind, sir.
Overruled.
What had you heard, Lieutenant?
That they k*lled them.
They r*ped them.
They shot children.
What were your orders
regarding all of that?
Don't let it happen again.
So, was this going through
your mind when you saw
the Russian armored column
moving toward the refugees?
I didn't know they were
Russian. Intel didn't say anything
about Russians being
in that part of the country.
They looked like
Serbs, Commander.
"Looked like"? Why didn't
you radio for information?
I didn't have enough time.
The road was winding
its way into the woods
and I knew they'd
get to the refugees.
I had to take the
shot then or not at all.
You didn't see the
peace force insignia
on the vehicles?
No, sir. I was
flying at 400 knots.
Well, then, how
did you identify them
as Serbian, Lieutenant?
My kneeboard
card has silhouettes
of Yugoslavian armor,
and I'd seen them before.
When?
During the bombing
campaign, before the cease-fire
when they wouldn't allow us
to fly low enough to stop them.
Stop them from what, Lieutenant?
We were out there that day
taking pictures of
mass grave sites, sir.
Now, I didn't want there
to be any more grave sites
because I didn't do
what I had a chance to do.
Thank you, Lieutenant.
After the cease-fire
you were briefed on
the rules of engagement?
Yes, ma'am.
You mocked them?
I made a joke, Colonel.
You asked if you needed
to call the president
when you wanted
to scratch yourself.
Pilots make jokes in
the ready room, ma'am.
We're in kind of
a tense business.
Oh, so you did respect
the rules of engagement?
Yes, ma'am.
You ignored them when you chased
that MiG into Yugoslavia.
Objection: Is that a question?
I'll rephrase.
Why did you chase that MiG
in violation of the
rules of engagement?
It adopted an offensive
posture toward me, ma'am.
"An offensive posture"
nobody else saw.
Nobody was there
but me, Colonel.
And nobody else seemed to think
the Russian peace
observers were rogue Serbs.
Now, why are you the only
one who sees these things?
Objection: Argumentative.
Overruled. I didn't
make it up, ma'am.
You were itching for a fight,
weren't you, Lieutenant?
What's wrong with that?
I'm a combat pilot.
Oh, so, you are
eager for combat?
Well, I didn't join the Navy
to learn computer
programming, Colonel.
I joined to fight
for my country.
And if there was nobody to fight
you would find
somebody to fight.
I was just doing my job, ma'am.
The rules of engagement got
in the way of your
job, didn't they?
I thought they were a
little pusillanimous, yeah.
Sir...
They were wimpy... geeky...
what, not appropriate
for a warrior like you?
Sir, this entire line of
questioning is argumentative.
It's cross-examination, sir.
Overruled.
How wimpy were they, Lieutenant?
Back during the bombing,
we weren't allowed
to fly lower than 15,000
feet, so we wouldn't get hurt
while people on the ground
were being slaughtered.
Now, I didn't join a
combat organization
to avoid getting hurt, Colonel.
Now, I think it's an
ass-backward w*r
where a stated purpose is
to have no military casualties.
You think? Do you care
what the national
command authorities think?
I do what they say, ma'am.
I just don't have to like it.
Oh, so you get around it by
seeing what you want to see
and, now, we have three dead
peace force
observers. Objection.
Sit down, Commander.
I didn't mean to k*ll them,
Colonel. You didn't care enough
to find out who it
was you were k*lling.
Sir, I...
Sit down, Commander!
Take a look at
those flags, ma'am.
They look alike.
You couldn't see the flag.
You were going 400 knots.
And when you
got back to the ship
didn't you celebrate
with your pilot pals?
Military men celebrate when
they k*ll the enemy, ma'am.
Or somebody who
looks like the enemy.
They were close enough, Colonel.
MacKENZIE: No, they
weren't, Lieutenant.
No, they weren't.
Maybe if we get him
to plead guilty now
they won't keelhaul him.
What are you looking for, mate?
A magic spell to make
our client not an idiot?
He said he thought
they were the enemy, Brumby.
He didn't know who
the hell they were.
Colonel MacKenzie
made that pretty clear.
But she can't prove
what he was thinking.
They can still
choose to believe him.
Whatever he was
thinking, he crossed the line.
He wasn't supposed
to go off half-cocked.
Actually, I think
we should argue
that he was required to.
Excuse me?
I'm going to put Buxton
back on the stand for redirect.
You're kidding, right?
No. Desperate.
How did you become a
Naval officer, Lieutenant?
I went through R.O.T.C.
at Texas A&M, sir.
As part or your training there
did you take a
course in military law?
Yes, sir. And did that course
cover the aspects
of the Uniform Code
of Military Justice that
apply to you as an officer
in the United States Navy?
Yes, sir.
Do you remember
being instructed
about Article 99?
I do, sir.
Let me read you a section
of that article, Lieutenant.
Objection, Your Honor.
Lieutenant Buxton is not
charged with violating Article 99.
Well, he had reason to
believe he would be, sir,
if he failed to
attack that column.
This is not possibly
relevant, Your Honor.
Worse, it's a flagrant attempt
to introduce a separate
confusing issue.
If it confused Lieutenant
Buxton, that makes it relevant.
Read what you were
going to read, Commander.
Your Honor...
I'm not saying he can
do what he wants to do.
I just want to find
out what that is.
Uniform Code of
Military Justice, Article 99:
"Any person who
before or in the presence
"of the enemy runs away
"or willfully fails to do his
utmost to encounter, engage
"capture or destroy
combatants, vessels, aircraft
"or any other thing
which it is his duty
"to encounter, engage,
capture or destroy
"shall be punished by death
or such other punishment
"as a court-martial
may direct."
Your point being, Commander?
Lieutenant Buxton
reasonably feared, sir,
of being court-martialed
if he failed to
attack that column.
MacKENZIE: Article 99
only requires combatants
to attack those things
they have a duty to attack.
And, Your Honor, if
we're going to argue this
I suggest that we do it outside
of the hearing of the members.
The members have a right
to hear every relevant argument.
This is not relevant.
Your Honor?
If a fighting man fears
he will be punished
for not doing what
he sees is his duty...
Your Honor?
Approach.
That was an egregious attempt to
appeal to the emotions of the members.
It's a legitimate
defense, Colonel.
Only if Lieutenant Buxton
had a duty to attack that column
which, as a matter
of fact, he did not.
I think a "reasonable man"
standard is appropriate.
Would a reasonable man in
Lieutenant Buxton's position
believe he could be punished?
ex*cuted? For not sh**ting
at the wrong people?
Is it really what you think
Lieutenant Buxton
was thinking about?
I don't know, Colonel. I was
going to ask him when you objected.
Cute, Commander.
But the objection's sustained.
You'll confine your questioning
to offenses the defendant
is accused of committing.
Thank you, Your Honor.
Step back.
The defense rests, sir.
Fine. Summation's
tomorrow. We're adjourned.
Is there anything else I
can help you with, ma'am?
No. My closing will be
pretty straightforward.
I don't think Harm
hurt us enough
to do anything differently.
We're going to
win this one, Bud.
Okay. Great.
Try to contain your enthusiasm.
I'm sorry, ma'am.
Bud, what's wrong?
I don't know,
ma'am. It's just that...
it's being around all these
people with combat roles.
Lieutenant Roberts,
you are a fine lawyer
and a fine Naval officer.
Thanks, ma'am,
but being a lawyer around here
it just doesn't seem so manly.
Bud, you are a great
father and a great husband.
I mean, just-just ask
Harriet how manly you are.
I suppose.
It's just that she's been
so busy with the baby...
You know?
Harriet's been tired?
Getting up in the middle of
the night to nurse the baby.
Not that she shouldn't.
So you and she...
We're very tired, ma'am.
You and she aren't...?
It's normal.
And they say it
only lasts for...
a few years.
Good night, ma'am.
Good night.
This is Lieutenant Colonel
MacKenzie requesting
a phone patch to the States.
This is a simple case.
Lieutenant Buxton was
ordered not to use force
except in response
to a hostile act.
Instead, he used force
in the absence
of any hostile act.
Lieutenant Buxton was
ordered to seek guidance
from higher authorities
if he had any doubt
about the potential
target of his force.
Instead, he acted alone
on his own very
mistaken perception...
A mistaken perception
willed into being
by his reckless and
careless desire to find a fight
even when there
was no fight to find.
As a result of his
recklessness and disobedience
three officers are dead,
their lives taken by an action
that is unlawful in Russia,
unlawful in Yugoslavia,
unlawful in autonomous Kosovo
and, most importantly, unlawful
in the United States Navy.
Lieutenant Buxton
disobeyed his lawful orders
and as a result, he caused
three wrongful deaths.
It is your duty
to find him guilty.
What is the Navy for?
Why do we put on these
uniforms, train for years
to, to fly our aircraft,
to steer these ships?
The basic answer is to
keep our country safe,
to display so much strength
that no aggressor
would dare attack us
for fear of suffering
dire consequences.
But what happens when
an aggressor does attack?
Maybe not us, but people
under our protection?
Do we still just
display strength?
Fly, sail, march,
but do nothing?
Or not enough?
Lieutenant Buxton
didn't think so.
And after weeks of
flying at 15,000 feet
while people we were
supposed to be protecting
were being slaughtered
on the ground
he was given an
order one day to fly low.
And flying low
he saw what he thought
was a hostile force
engaged in a hostile act.
So he did what Naval
officers are supposed to do:
He used his intelligence.
He used his initiative.
He made a decision and he acted.
Now if we judge that action
just by its unfortunate
consequences
what message are we
sending to future Naval aviators
who see something
evil in a w*r zone?
Play it safe? Call home?
Come back tomorrow?
John Paul Jones said
"He who will not
risk cannot win"
and he was right.
If we don't take the right
lessons from what happened here
we'll have more wars
to look forward to,
more aggression from
despots and tyrants, not less.
Don't punish initiative.
Don't second-guess
b*ttlefield decisions.
Acquit Lieutenant Andrew
Buxton of all charges.
Thank you.
Captain Wiggins?
Have the members
reached a finding?
We have.
The defense will rise.
Captain Wiggins, will you please
announce the finding?
Lieutenant Andrew Buxton...
this court-martial finds you
not guilty of all charges
and specifications.
I thank the members for
your time and attention.
Lieutenant Buxton,
you are returned to duty.
Aye, aye, sir.
I'll catch you
outside. Thank you.
Yeah!
Whoo!
You get it, Pappy.
I didn't think you
did, but you get it.
Yeah! The X-Man's back
and he's badder than ever!
Get what?
Pilot thing, Mac.
I couldn't possibly explain.
Attention on deck!
I'm looking forward to
getting back into action, sir.
I'm sure you are, Lieutenant,
but that's not going to happen.
Effective immediately, you
are going T.A.D. to Capodichino.
Shore duty, sir?
Officer in charge of the
corrosion-control detachment.
Pending a Field Naval Aviator
Evaluation Board,
which I feel certain
will terminate
your flight status.
This is political, isn't, sir?
Coming from Washington
because they couldn't convict me.
No, Lieutenant.
It's coming from me.
I always hoped your brain
would catch up with your talent,
but I can't fool
myself any longer.
Sir, they're, they're
sending me to a F.N.A.E.B.
They want to ground me.
Well, what did you expect,
Buxton, a promotion?
Look, you have to help me, sir.
Actually, Lieutenant, I'll
be testifying against you.
Against me?
I-I just heard you in court
talking about my
intelligence, my-my initiative...
How they had to acquit me.
I was your lawyer. It's
my job to get you off.
But you get it, sir.
I mean, you and
me, we're the same.
No, we're not the same.
I'm not reckless.
I don't fly stupid.
That's what this
is all about, huh?
You know that
I'm better than you
and you can't stand that.
You know, I wouldn't care
if you were the greatest
pilot in the world.
If you inspire those guys
to pull the same
stunts that you pull...
then you're a menace
not to the enemy, but to them...
to us.
But they can't do this.
Sir, the X-Man has to fly.
Not anymore, Andy.
Not anymore.
MacKENZIE: Ward
room. Colonel MacKenzie.
Okay.
Telephone for you,
Lieutenant Roberts.
Hello. Lieutenant Roberts.
Hi, Bud.
Harriet!
I've been thinking
about you, Bud.
Oh, me, too, sweetie.
How's little A.J.?
He's wonderful.
I'm just sitting
here all alone...
thinking about you.
I'm wearing that little pink
nightgown that you like so much.
You are?
Mm-hmm.
You know, when you get back...
my mom could take A.J.
for the whole weekend.
Oh, right, you want
to go to Chicago
and, uh, and see
the new aquarium.
No, actually, I was thinking
about that little motel room
right outside of Richmond.
Remember?
You mean the one where we, uh...
Really?
Bud, listen, I understand
you've been down a lot recently
and everything.
Well, now that
the trial's over, I...
I think I could probably
get you hopping in an F-14.
A what?
You know, a Tomcat...
A what?
I could probably even
get you to sh**t the g*ns.
Uh, excuse me, Commander,
but with all due respect,
could you please leave, sir?
Uh-huh.
Uh-huh...
With me, right?
All right.
He looks kind of
macho, don't you think?
Okay.
05x02 - Rules of Engagement
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Follows the exploits of the "judge advocates" in the Department of the Navy's Office of the Judge Advocate General, based in the Washington metropolitan area.
Follows the exploits of the "judge advocates" in the Department of the Navy's Office of the Judge Advocate General, based in the Washington metropolitan area.