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Zulu
We are within minutes of the deadline
set by Serbian extremists
for the execution of the three NATO observers
kidnapped yesterday on the road to Kosovo.
The extremist group's demand for a full pullout
of all NATO personnel from the region
has apparently gone unanswered.
Both Italian and French military commanders
have refused comment,
furthering all inquiries to NATO headquarters.
You think they'll execute the NATO observers, Admiral?
I hope not, but nearly everyone at the Pentagon
looked pretty grim this afternoon.
Who didn't look grim, sir?
Some old friends of mine.
If you've been reading the headlines,
you're aware that three members
of the NATO verification mission
were kidnapped in Kosovo two days ago.
Two of the observers
were French and the other was Italian.
Lieutenant Roberts
has been doing the research on this.
The captors represent an ultra-radical faction
of the Yugoslav army.
The stated purpose of the kidnapping
was to effect a pullout of all NATO personnel
in the region within a period of one day
after the communiqué.
Of course, this was not an option.
What are we to infer by the use of the past tense, sir?
Last night, members of SEAL Team Eight
found all three NATO observers
hung by the neck in a horse barn.
The team leader,
a Commander Thomas Risnicki...?
Yes, sir. Postponed the
scheduled jump, went in three hours later,
37 minutes past the deadline.
According to the CNO, you could hear
the NATO Commander's screams all the way to the Pentagon.
Charges are disobeying a lawful order
and involuntary manslaughter due to culpable negligence.
I'm moving this to the top of the docket.
Major, you'll lead the defense.
Yes, sir.
Mr. Roberts, you will be
the assistant defense counsel in this case.
Sir?
Drop the befuddled expression, Lieutenant; you've earned it.
But, sir, this is an important case.
Do I detect a lack of confidence?
No, sir.
Good.
Now, Commander Rabb...
I'm on it, sir.
I'm giving that assignmentyou to Commander Brumby. e
I want you to replace me.
Excuse me, sir?
They're making me take my excess leave
prior to the end of the month.
Starting Friday, I'm putting you in charge of JAG operations.
All the senior officers were
either occupied or unavailable.
Took some doing, but I got special dispensation
from the SECNAV.
Well, sir, I'd be proud to serve this office
in any way that I can.
Don't let anyone go home early.
No, sir.
Thank you. Thank you.
I just got off the phone with...
Go ahead. Go ahead.
The amnio results are in.
That's great.
Harriet, the Admiral just appointed me
assistant defense counsel to the Major
on a high-profile case.
Yay! Let's go to lunch.
Let's go someplace fancy.
I can't. I got to get cracking.
I'm going to the library.
Bud, aren't you even interested in the sex?
During working hours?
What are you talking about?
What did you just tell me?
That was the OB on the phone.
We're going to have a son.
We're having a boy!
She's having a boy! He's trying a big case!
$149.99!
Sorry... I was researching the case.
I lost track of time.
Commander, this is assistant
defense counsel Lieutenant Roberts.
Please continue.
The recon team used reef-point video to track movement
from the point of abduction to a barn 32 miles south.
Now, our team was then flown over
from Little Creek Amphib Base, Norfolk.
We were briefed and in the air over Suva Reka 13 hours later.
We had two and a half hours
before the expiration of the deadline.
Why did you postpone the mission?
Adiabatic fog as thick as a blanket.
Where I come from we call it "tule fog."
It completely filters out the moonlight.
It would have been suicide to try and fight it.
The terrain was mountainous.
Even with GPS and night-vision goggles,
we wouldn't have been able to see enough
to avoid breaking brush and giving away our position.
But you had a deadline, sir.
Look, as soon as it started to lift, we went.
Now, the communiqué said that we had one day to comply,
not 24 hours.
Did you run this by NATO command?
We tried,
but sunspot activity was
blocking satellite communications.
Sir, you must've known that you were taking a chance.
You're a master
of the obvious, Lieutenant.
Look, this is exactly why I want to waive an Article 32
and go directly to a court-martial.
Sir, I strongly advise you against that.
Look, I'm not disputing the evidence, Major.
I disobeyed my orders.
Now, the question is, was it wise to do so?
Sir... On this point,
I am immovable.
And that's what you want us to work with, sir?
An admission of guilt?
Why not? I feel guilt.
Sir, how you feel
is irrelevant to the question of culpability.
Look, Major, I don't believe that I should be punished
for what I did, if that's what you're getting at.
At the time, I considered it in the best interests of the mission.
Now, if that makes me guilty, so be it.
The Admiral's on line three, sir.
Thank you, Tiner.
Admiral, nice to hear from you, sir.
Everything all right?
Yes, of course.
How about yourself?
Fine, sir.
Anything you need to run by me?
I don't think so.
Because I am available.
You're welcome to call anytime,
even come by, talk things out, if need be.
Well, thank you, sir.
But everything seems to be under control.
"Seems to be"?
Just the standard glitches, Admiral.
And what would those be?
I don't think it's anything you need to worry about, sir.
I can handle it.
Well, et's hope so.
Um, how's Lieutenant Roberts doing?
Well, the Major seems to think he's a little off-balance,
but I'm not worried.
Why?
Well, he'll find his bearings, sir.
Well, Commander, this is an important case.
You gave it to him, Admiral.
Right, right. Um...
Excuse me a moment, sir.
Don't put me on ho...
Comman... Comman...
I need your ear, mate.
Commander Imes wants to plead out the Marine Band case.
Apparently Marine Command has it all on tape at a state dinner.
The tuba player plays a flatulent note
just as the president sits.
My position is to play it out.
Argue that he came in early on his cue.
Just a second.
Admiral...
What is it now?
Sir, I need to take care of something.
Nothing you should be worried about though, sir.
Have a great leave and we'll see you soon.
You can count on it.
Yes, sir.
Hey.
You blind, son?
Excuse me?
Let's see a salute and let's see it now.
Where the hell you think you're going?
To makeup. You mind?
Your cover's on wrong.
What's wrong with it?
It's too high on his brow.
It should be a two-finger max.
Really?
And his uniform's off-season.
How do you know this?
I'm the judge advocate...
general.
Oh, Lieutenant Commander Rabb.
No. Admiral A.J. Chegwidden.
What business do you have with the Commander?
He authorized us to shoot this building.
With what?
Film. I'm Fran Glass,
producer of Field of Gold.
It's an action-adventure
drama about a navy court-martial.
Dan Lander stars.
Who's that?
I take it you don't go to the movies.
They make them for my age group?
Maybe I'll catch one this afternoon.
Well, maybe you could stick around here
and catch what we're doing,
we don't have our tech advisers in place.
Have you ever considered being a consultant?
Sounds interesting.
I don't know anything about your business.
But you know about your business,
and that's why we could use you.
I don't think so.
Aw. Have you always been a lawyer?
Uh, no, I was with the teams first.
Mm...?
I was a Navy SEAL.
Oh! So you have fighting experience, as well.
Yes.
Wow. Guacamole?
Admiral!
Move those reflectors.
Get the glare off the wall.
I don't understand why the Navy won't let you film on board.
It's just a space issue;
no place for the cameras.
In fact, they have been very cooperative.
They let us use this warehouse.
We'll be on the USS Coral Sea for the flight deck sequences.
Admiral Chegwidden, Dan Lander.
I understand you're the real thing.
I understand you're not.
Well, that's why you're here.
To whip me into shape.
Let us show you around.
Good posture.
I, uh, I do pilates.
Pardon me?
It's an exercise technique
involving spring-driven machines.
A lot of dancers use it.
I don't dance.
That's all right.
I don't march.
You will.
Whoa! Careful.
You all right?
Yeah, I think so.
I'm sorry. It's a pyro test.
We're shooting the fire-in-the-hold scene this afternoon.
I think I'll stand over there.
Why don't you come this way.
Okay, Joey, re-set.
What do you think of the script?
Pretty good.
I made some notes.
They're marked with the color tabs.
I'll give them to the writer.
I'd like to meet him.
What's his name?
Jim, um... Zimmerman.
Dan, we're ready for you!
Oh, yeah.
If you'll excuse me, Admiral.
I'm looking forward to this.
Sir.
Sir. He's good.
Admiral, I would like to run something by you.
We have yet to cast the role of Lieutenant Mobray,
the officer that comes
to Commander Dresher's aid.
Now, we have narrowed it down to a couple of actors
and I was wondering if you had an opinion.
Fran, I'm a little surprised by your old-fashioned ideas
about the military.
How do you mean?
Well, if you'll allow me,
I think there's an alternative way
to cast Lieutenant Mobray.
I owe you one, Mobray.
Your country owes you, sir.
Cut.
Print the last two.
House lights!
Lovely. That was the one.
It worked for you?
Oh, it sparkled.
Tina, really wonderful.
We're going to keep Risnicki off the stand.
He's in too much conflict.
Brumby will break him down.
Sounds right. Who's gonna make the case?
Major General Plesac, sir.
Who?
We're going after the NATO Commander in Kosovo.
We'll argue that Risnicki was faced with two bad choices
and that he's being used as a scapegoat by the higher-ups.
You don't need the General. It's a good argument:
The Commander was reluctant to risk
both the mission and his men.
You can win this case on the merits.
There's nothing to work with, Harm.
We have a shaky defendant
and there's no autopsy report.
Why?
Well, apparently, the recovery team was ordered
to embalm the bodies on site.
Not to mention that the prosecution owns the emotional stakes.
The fact is three men are dead.
The members will want someone to take responsibility.
The responsibility's with the kidnappers.
Don't overplay it, guys.
It'll look like you're trying to shift blame.
Now, the issues are clear.
Present the evidence.
Have faith in the good judgment of the members.
Let's get a second opinion.
We're talking about
a name for their boy.
I suggested Mungo.
It was my granddad's moniker.
What do you think, Lieutenant?
I... think... it may be too culture-specific, sir.
Why don't you guys go
with the names of famous naval heroes...
Their first and last for your child's first and middle?
Well, that's a great idea.
Hyman Rickover Roberts, Chester Nimitz Roberts
David Farragut Roberts.
Oh, I like that one, sir.
Uh, "David's" good.
Thank you, sir.
You're welcome, Lieutenant.
He's different, isn't he?
Yeah.
Seems older.
More experienced.
I actually think he's getting taller.
All right, watch your backs, people.
And after that I did
a season of rep at the Montana Shakespeare festival.
What plays?
Oh, As You Like It, Timon of Athens.
I did Richard II.
"As a long-parted mother with her child
"plays fondly with her tears and smiles in meeting
"so weeping, smiling, greet I thee, my earth
and do thee favors with my royal hands."
A Shakespeare-quoting naval officer...
Now that's something I wouldn't expect.
I like the histories.
All those battle scenes.
Actually, that takes place after a battle.
The moment when the king
once again sets foot on English soil.
Right. It's about the motherland
and the reasons battles are fought.
Oh, I like that answer.
Quiet!
Shh-shh. Shh.
Okay, settle, please.
Quiet for rehearsal.
Okay, Danny. And action.
Captain, were you not ordered
to wait for a SEAL team to be inserted?
Yes, I was.
And why didn't you?
There was no time.
The terrorists were already aboard.
So you went in yourself.
Fortunately, Lieutenant Mobray was right behind me.
And if she hadn't been there, what do you think would've happened then?
I can only tell you what did happen.
That's objectionable.
The opposing attorney would call for speculation. You disobeyed an order.
I neutralized the enemy, Major.
No further questions.
Cut. Lovely.
Okay, let's shoot it.
The prosecutor's a cream-puff, Fran.
It's the hero's moment, Admiral.
That's because the JAG's giving it to him.
He's backing off.
Well, maybe he's flustered.
I take it you've never been to a JAG courtroom.
General Plesac, you stated you charged Commander Risnicki
with disobeying an order and involuntary manslaughter.
This because of the fact that he failed
to commence the mission per the established timetable
which cost the lives of the hostages.
That's correct.
What were the weather conditions at the time of the operation?
There was ground cover.
Would you describe the topography as dangerous?
Mountainous.
General, isn't it possible
that if Commander Risnicki had obeyed the given orders
and jumped into mountainous, fog-covered terrain,
he could very well have sacrificed himself,
his team, and the hostages?
Object.
Calls for speculation.
Sustained.
I'll answer that.
We'll never know, Major, because the Commander chose
to ignore the target time.
The Commander postponed the target time.
And three men are dead as a result.
Is it not true, General,
that the NATO command in Yugoslavia
had been criticized for ineffectiveness,
and that the mission was designed
to reverse that perception?
This mission was "designed" to rescue the hostages.
I resent the implication that it was political.
Your Honor, I'd like to enter the following evidence
as defense exhibit alpha.
Excuse me, sir, one moment.
This is a copy of a Vietnam op-rep
filed by a Marine officer on December 8, 1967.
In it, he states:
"the Lieutenant ignored intel
"put his helos down in the middle
"of an enemy-infested area and was ambushed.
"Despite his success, I strongly informed him
"that the 14 Americans who died were not worth
another bar on his shoulder."
This report was filed by a Captain John Crowther.
He's referring to a Lieutenant under his command
by the name of Richard Plesac.
That village was a significant target, Major.
Thank you, General.
Our orders were to take it, and that's what we did!
No further questions.
SECNAV has scheduled a meeting with me for tomorrow morning.
Apparently, he received a call
from one of his oldest friends, a General Plesac.
You had no intention of following
my advice. Why'd you ask for it?
I listened to you; we decided to go another way.
Right up the General's six.
He put it out there.
Mac, mud wrestling with two stars is not the way
to the JAG hall of fame.
That never stopped you.
This is exactly why I'm telling you this.
Those kinds of stunts have only ever hurt my career.
Sir, you're the acting JAG.
It's only because the Admiral trusts me.
I'm told the SECNAV refers to me as "Harmful" Rabb.
That's what this is about?
Your relationship with the SECNAV?
Of course not.
I don't believe you.
Put you in a position of power
and you become just as political as everyone else.
That is not true. That is not true.
Good.
Then you won't mind if we call the General
back to the stand.
He has a long history of losing men under fire, sir.
The idea is to contrast
the General's apparent disregard for the lives of his men
with Commander Risnicki's concern
for the welfare of his team.
This is suicide.
Only if I do it alone.
Excuse me.
Where do you stand on this, Bud?
Next to my lead counsel, sir.
Sorry.
Understood, Lieutenant.
Sir, you told me I could come by
if I needed to talk.
I did?
Yes, sir, you did.
Do you need to talk?
I do, sir.
Okay.
I'm sorry to be interrupting, Admiral,
but, uh, I thought you wanted to be kept abreast.
Well...
a phone call would work
but since you drove all the way out here,
let's have it.
Well, I mean, if you're busy, sir...
No, it... it can wait.
But not for long.
Hi.
Admiral, I feel they could've achieved the same results
without kicking everything all to hell.
Well, you failed to convince them of that, Commander.
Did you already speak to the Secretary
or is he coming to see you?
He's my first meeting in the morning, sir.
That's not good.
Excuse me, A.J... Did you want a twist with that?
Uh, yes, please. Thank you.
Can I get you something?
No, thanks.
Rabb.
Oh, I'm sorry, sir.
I... there's a side of you I'm unfamiliar with.
Let's keep it that way.
Yes, sir.
Admiral, I'm unsure how to proceed.
I am the appointed authority
at JAG, and, uh, the Major ignores my counsel.
I now have to answer to the SECNAV for her actions.
Well, the Major's been through a...
fair amount of trauma in her life recently.
I'm no psychologist, but I suspect
that she's a bit embarrassed by it all.
This "take no prisoners" approach
is probably her way of proving her mettle.
You support her methods, sir?
I support my people.
The rest is up to them.
Admiral, you dispense advice regularly, sir...
Yes, yes, I do.
And if my memory serves me correctly,
I've argued against traveling to Russia,
defending a paranoid schizophrenic,
and an attempt to question
my authority.
Point taken, sir.
But in the end, it's the person
sitting in that leather chair
that's got to answer for what's been done.
You got to decide what's in the best
interests of the case: defending your authority
or the choices of those who defied it?
Of course, the irony is that, uh, Commander Risnicki
is being court-martialed
because, in postponing his SEAL team extraction,
he contradicted the orders
of his superior.
The irony.
Understood, sir.
Good!
Um...
anything else, sir?
Do you have a handkerchief?
No, sir.
Get one.
How dare she call
his integrity into question!
This is not some wild-eyed jarhead.
Dick Plesac is one of the most decorated Marines of all time!
Sir, I am aware of the General's accomplishments.
Then where the hell were you
when Major MacKenzie was crapping all over his record?!
I had been under the impression
she had abandoned that tactic, sir.
Are you telling me she lied to you?
No, sir. It was a misunderstanding.
If she calls the General to the stand again,
I will make you personally responsible
for the fallout.
Yes, sir.
How the hell did I let the Admiral talk me
into letting you take over?
Sir, I believe I am totally capable
of handling this assignment.
Well, then, here's your opportunity to prove it.
Let me see that.
Is that the General's service record?
Yes, sir.
May I see it?
Thank you.
Ensign...
make a copy of this and put it on my desk.
Return the original to the Major.
I will highlight what I think are
General Plesac's vulnerabilities.
The... final choice
is up to you.
Thank you, sir.
How's young David doing?
Oh, not so good, sir.
Oh, no, the baby's fine.
It's just the name's not going to work.
Apparently my mother had dated some guy named David...
and my father's still a little sensitive about it.
We're gonna have to give it up
for the sake of family unity.
But we still want to name him after a naval hero, though.
What about "Harmon"?
What about you get to work and clear this guy?
"Harmon."
He is getting taller.
Uh, sir, Major MacKenzie's
waiting for you in her office.
I was told I could get a cup of coffee in here.
Uh, allow me.
I'll join you as soon as I finish interviewing
Senior Chief Schilling.
You're wasting your time, Lieutenant.
There's no worm under that rock.
Yes, sir.
Sir, I'd like to apologize for the comments that I made
during our first session.
They were... pretty naive.
There's no way that I or anybody else
could have been better prepared to make the correct decision.
You did the best you could
with the information available.
Whatever.
Excuse me.
No milk.
Uh, sugar?
No. Nothing.
Sir, the more I think about this case,
the more I respect the decision that you made.
You made a calculated risk,
but one that was designed to prevent
needlessly wasting the lives of your men.
Thank you, Lieutenant.
What's your experience, Lieutenant?
You mean as an attorney, sir?
Of course as an attorney. What else would I mean?
I don't know, sir.
Well, how long since you passed the bar?
I haven't.
What do you mean, you haven't?
I graduate law school next month, sir.
Commander, Lieutenant Roberts
has been working tirelessly on this case.
He's too inexperienced.
He's just nervous.
I don't want him learning the ropes
while I'm hanging from them.
Let me talk to him...
Major, I've told you where I stand.
I'm not sure you know where you stand, sir.
What was that?
I think you feel you may have made
a mistake on that mission.
And I suspect you're having a hard time reconciling that
with your desire to be spared punishment.
You're psychoanalyzing me?
You're in deep conflict, Commander.
Really.
And that shows in your behavior.
You are on edge, and you're uncomfortable in our presence.
I'm dissatisfied with the strategy.
That, sir, you can discuss with me.
But the Lieutenant is tense around you
because he senses that you don't trust him.
I don't trust him.
And that ends this part of our conversation, Major.
He either removes himself from the case
or I will have him officially dismissed.
Hey, you wanna give me the keys?
I'll take care of it.
Cut!
Who in blazes is that?!
Admiral, over here.
I'm sorry, Alan.
Come on, guys, let's re-set the rain.
It's pretty damn confusing here, Fran.
You just walked into a scene, Admiral.
Never enter a set on a red light.
Sorry.
All right.
All right, magic. Absolutely magic.
I love what you're doing.
So, what am I looking at here?
The weather deck of a carrier.
Well, it's too small.
It'll look fine on film.
Not if it's too small.
Admiral, I need your support here.
I had a late night last night...
I am three days behind...
so a certain amount of flexibility is needed.
There's no flexibility in the real Navy, Fran.
Regs are regs.
Uh-huh.
Admiral...
My apologies. It won't happen again.
Thank you very much.
Listen, I did want to talk...
Let's do it again, ladies and gentlemen!
Quickly, please.
They put the chili out yet?
Lieutenant, can I talk to you for a minute?
Sure, Major.
Excuse me, Senior Chief.
Sure.
Bud, I have no better way of telling you this.
Um... Commander Risnicki has threatened to dismiss you,
if you don't remove yourself from the case.
I think you should do it.
Otherwise, it'll be the very first thing
anyone sees on your record.
I'm sorry.
Did he say what the problem was, Major?
The Commander's not in a good frame of mind.
Don't blame yourself.
I'll take over with the Senior Chief.
Just tell him I'll be with him in half an hour.
Excuse me, Major.
I started this interview.
I'd like to finish it.
You're right.
Leave your report on my desk.
Yes, ma'am.
Okay, Senior Chief, where were we?
Taking the bodies from SEAL team eight.
Right. Tell me about that.
All three had rope burns around the neck.
Had they been tortured?
Not that I could tell,
but it was hard to check all the surfaces,
because of how stiff they were.
Uh, wait a minute...
The report says that you received the corpses at... 2227?
That would be correct.
Huh.
Yes, Lieutenant?
Excuse me, Major.
Commander, I don't mean to be impertinent,
but with all due respect,
you can't get rid of me that easily.
Cut!
Alan...
Alan, how many more times
are we going to do this?
My fingers are starting to cramp.
Sorry, Dan. This'll be it.
I promise.
Much better, Tina.
Much better, but I'd still like to see more conviction
in the throw.
Can you be specific?
It's a question of leverage, I think.
I don't understand.
Well, it seems to me, from my point of view
that the stuntman is throwing himself over the railing.
He is!
Right, right.
I'd just rather we didn't see that.
May I?
Put one hand on his collar
and the other hand on the back of his belt.
That's what I'm doing.
Apparently not.
Thank you, Admiral.
I suggest...
I think we can proceed apace.
Let's do it again, shall we?
Take eight... mark! MAN: Marker!
And... action!
Ow...!
Cut! Cut. Are you all right?
I broke a nail. It...
I'm just trying too hard.
You know, it's not so simple.
There's no room up here.
See?
Um, let me show you.
Sir, why don't you, uh, run at me?
Admiral... No, no, no!
Watch, this'll work.
Sir, run at me.
Sorry. You all right?
See? He charges, she moves.
She uses his momentum to take him over the railing.
I can do this.
I just... I need some time.
You need four weeks in the Naval Special Warfare Center.
That's going to teach me what?
Well, how to cut your nails, for one thing.
Go to hell.
Tina...
I'll be in my trailer.
You know where you can find me.
Admiral, what are you doing?
I'm advising.
You know, what I suggest...
And we're moving on.
Scene 12, everyone.
God, I wish I still smoked.
You know, you turn your back on me one more time,
I'm going to introduce you to the toe of my boot.
Fran?
Admiral, we need to talk.
Talk.
Privately.
Yeah? Where would that be?
Fine. You're fired.
This just isn't working out.
You know what? You're right. This isn't working out.
This is not a movie about the Navy.
It's about...
what the hell is it about?
It's about putting asses in seats.
Now, would you please remove yours from my set?
Lieutenant Commander Rabb.
Have a seat, sir.
The Major talk to you, Commander?
Yes, she did. She told me that Lieutenant Roberts
has presented a new defense strategy which you've rejected.
Actually, I prefer his approach
over attacking General Plesac's record.
The idea of comparing body counts
seems beside the point.
What I've rejected
is the Lieutenant's desire to argue it himself.
He lacks seasoning, which is why I asked
that he be removed from the case to begin with.
Well, Commander, the Major and I both strongly believe
in Lieutenant Roberts' abilities.
Commander... Sir...
if I may be direct... Lieutenant Roberts has taken
his fair share of abuse from you, sir,
and yet, his first thought, upon being let go,
was in your best interest.
I don't question his enthusiasm, Commander.
That's good, sir, because he doesn't question
your innocence.
Now, I can ask Major MacKenzie
to present the argument, if you'd like,
but in my opinion,
your best shot is with your strongest ally.
An autopsy of the three observers was ordered
but NATO command had no forensic medical personnel in Kosovo
and Wiesbaden was snowed in at the time.
And what did you do?
To prevent further decomposition,
the mortuary affairs division at NTC Great Lakes
directed us to embalm the bodies
before sending them back to their respective countries.
Did you comply?
Yes, we did.
Senior Chief Schilling,
as head of the recovery unit,
could you please describe to us
the conditions of the bodies when you received them?
They were cold, stiff.
This was how long after they were discovered
by SEAL team eight?
43 minutes.
Thank you, Senior Chief.
No more questions.
Sir, do you swear to tell the truth
the whole truth, and nothing but the truth? I do.
You may take a seat, sir.
Captain Millstein, you are the Chief Pathologist
at Bethesda Naval Hospital?
Yes.
Have you had a chance to review the reports
detailing the condition of the three corpses?
I have. Could you give us
your professional estimation on their time of death?
Object. It has already been established, Your Honor,
that an autopsy was not performed on the bodies,
therefore a time of death cannot be determined.
Your Honor, if you'll allow me,
I believe that a logical time frame
can be established through other means.
Don't disappoint me, Lieutenant.
Understood, sir.
Mm-hmm.
Doctor, allow me to recap.
The government's assumption
is that the executions took place on the deadline.
SEAL team eight reports
finding the three bodies of the NATO observers
37 minutes after the deadline.
Senior Chief Schilling claims that the bodies
were cold and stiff
43 minutes later.
That's a total of one hour and 20 minutes.
Given what I've just told you,
what conclusions can you draw?
I believe the executions occurred earlier.
Perhaps as much as 24 hours earlier.
Could you explain, please, sir?
First of all, it's a relative certainty
given the near-freezing conditions
that rigor would not have set in in under an hour-and-a-half.
Secondly, a cold and stiff body generally indicates
a time of death being from eight to 36 hours prior.
Object.
These are assumptions, Your Honor.
Actually, sir, they're estimations...
Rules of thumb... They're not 100% accurate
but suitable, I think, for this thesis.
I'll accept it.
The time of death is ultimately not important here,
because neither General Plesac nor Commander Risnicki
had any knowledge of anything
other than what was written in that communique.
The issue before you, therefore, is
all things being equal,
who determines how an operation will be conducted?
Without command decision, there can be no considered plan,
no policy, no clear-cut objective.
It's all impulse and instinct and improvisation.
That is why the military chain-of-command exists,
and that is why it must be respected,
regardless of the circumstances.
The Commander disobeyed his orders. Period.
For the sake of future generations of fighting men,
I ask you to find him guilty on both charges.
The case against Commander Risnicki
is that his decision to postpone the mission
cost the three NATO observers their lives.
But an execution carried out 24 hours earlier
indicates otherwise.
It suggests the communiqué was not designed
to trade hostages for policy
but rather to punish NATO for their military presence.
We believe the terrorists,
who were well-known for their hostility,
murdered the hostages upon capture
and sent the communiqué
in an effort to attract more NATO personnel.
In other words, it was a trap,
and had SEAL team eight arrived prior to the deadline,
they would have walked right into it.
Instead, however, the deadline passed
and the terrorists abandoned camp.
Call it a fortuitous decision,
but Commander Risnicki, faced with two difficult choices,
trusted his instincts over his orders,
and in doing so, saved his SEAL team
from certain annihilation.
A team, I might add, that lives to fight again.
Have the members reached a verdict?
We have, Your Honor.
Defense, rise.
On the charge of involuntary manslaughter,
the members find the defendant, Commander Thomas Risnicki,
not guilty.
On the charge of disobeying a lawful order,
we find the defendant... guilty.
We'll meet for sentencing
tomorrow at 1400.
This court's adjourned.
Sorry, sir.
Lieutenant Roberts,
my instincts may have been right over Suva Reka,
but they were dead wrong when it came to you.
Sir, we lost on the second count.
The point is, Lieutenant,
the second charge is the lesser of the two,
and I'd be a fool not to use your approach
when we take it up for appeal.
I owe you the apology for doubting your competence.
That's not necessary, sir.
Let me tell you what I've learned
in 16 years of military service: accept any and all contrition.
It's not often you'll get to experience it.
Apology accepted, sir.
Did you enjoy your time off, sir?
Uh, no, Major...
I, uh...
I am a... failure at liberty.
Missed the hell out of this place.
The smell of the copier, the sounds of the pages turning,
phone ringing...
Well, sir,
you might not think so,
after you see the phone log.
Anyone riled up?
Many.
Well, I say that's fine.
You know why?
I... wish I did, sir.
Because not everything can be resolved.
You just can't, uh... do it over
if it doesn't work.
No recasting people you don't like.
Life is not some damn movie.
Indeed, sir.
Are there no candy bars in here?
No, sir.
No chili, no... brownies?
Never, sir.
Let's do something about that.
Chili and brownies?
Yes, sir.
Sir, Ensign Sims and I
would, uh, like to share some important news.
What is it?
Um...
uh...
we're going to have a son, sir.
Well, that's wonderful.
My congratulations.
Thank you, sir.
We were trying to decide
what to name him, and last night we decided
that we should name him
after someone who has most strongly affected our lives.
We're going to call him A.J., sir.
Really.
Yes, sir.
I don't know what to say. Uh...
Is that all right, sir?
Of course it's okay, Ensign.
I... I'm honored. Uh...
Albert Jethro Roberts.
I like the sound of that.
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