All language subtitles for JAG.S05E02.Rules.Of.Engagement.1080p.AMZN.WEB-DL.DDP2.0.H.264-Panda_track3_[eng]

Previously on
JAG...

Pappy, I've got a pop-up.

Armored vehicles converging
on inbound refugees.

Suspect refugees in danger.

RABB:
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.

MAN:
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 killed three
of their senior officers.

[ theme music playing ]

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 murdered
three of their senior officers.

Well, they always
were so reliable

during the Cold War.

The Cold War 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.

[
officer speaking indistinctly
over P.A.
]

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 murder,

the Pentagon doesn't know
whether to go to war

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 attacked
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.

BUXTON:
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?
[
knock at door
]

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.

[
indistinct voices
]

Thanks.

[
conversation stops
]

RUSSIAN ADMIRAL:
Bravo, Colonel.

Bravo.

I thank you...

for seeking justice for
our murdered colleagues.

You like to sit with me?

No, I'm sorry.

I promised to sit
with Commander Rabb.

[
dry laugh
]

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 killing time

till you got your eyes fixed?

No, JAG was fine.

Although I don't envy being
in your shoes at the moment.

BUXTON:
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.

[
clicks tongue
]

[
sighs
]

REPORTER:
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 killed 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 killed 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 war 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.

BRUMBY:
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 murder.

We're already
giving you a break.

I didn't murder
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 killing three people?
It's a bargain.

Unacceptable.
BRUMBY:
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...

[
jet whooshing overhead
]

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

emerge on the day
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.

[
chuckles
]

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 killing Russians.

Harm, you knew he was pulling
stunts like landing on fumes.

He could have killed
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.

9MacKENZIE:
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 killing 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.

BRUMBY:
What motive?

Buxton had no motive
to kill 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 killed.

Your fault, mate.

You saved him.

MacKENZIE:
...and what was
Lieutenant Buxton's

mission on the day he attacked
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 killing
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 attacked?

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.

BRUMBY:
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?

BRUMBY:
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?

RABB:
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.

BUXTON:
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.

Shoot.

RABB:
Can you tell us
what this is, Admiral?

YAKUSHKIN:
That is the flag of
my country, Russia.

This the same flag
that was flown
by the armed column

that Lieutenant Buxton
attacked, sir?

Of course.

HARM:
Can you tell us
what
this
is, sir?

YAKUSHKIN:
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?

YAKUSHKIN:
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 shoots.

Thank you, Admiral.

BUXTON:
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 killed them.

They raped 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.

MACKENZIE:
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 war

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 kill them,
Colonel.
You didn't care enough

to find out who it was you were
killing.

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 kill 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.

BRUMBY:
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?

BUXTON:
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.

RABB:
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?

Executed? For not shooting
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.

[
bangs gavel
]

ROBERTS:
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.

RABB:
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 war 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
battlefield decisions.

Acquit Lieutenant Andrew Buxton
of all charges.

Thank you.

WILLIAMS:
Captain Wiggins?

Have the members
reached a finding?

We have.

WILLIAMS:
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.

[
cheering
]

I thank the members
for your time and attention.

Lieutenant Buxton,
you are returned to duty.
[
bangs gavel
]

Aye, aye, sir.

[
loud murmuring
]

I'll catch
you outside.
Thank you.

[
men laughing
and shouting
]

[
cheering
]

Yeah!

Whoo!

You get it, Pappy.

I didn't think you did,
but you get it.

[
chuckles
]

Yeah! The X-Man's back

and he's badder
than ever!

[
whispering
]:
Get what?

Pilot thing, Mac.

I couldn't possibly explain.

CAG:
Attention on deck!

[
murmuring stops
]

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.

[
phone ringing
]

MacKENZIE:
Ward room. Colonel MacKenzie.

Okay.

Telephone for you,
Lieutenant Roberts.

Hello. Lieutenant Roberts.

HARRIET:
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?

[
whispering
]:
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...
[
imitates plane engine
]

A what?

I could probably even
get you to shoot the guns.

Uh, excuse me, Commander,
but with all due respect,

could you please leave, sir?

Uh-huh.

Uh-huh...

[
giggles
]

With me, right?

All right.

He looks kind of macho,
don't you think?

[
chuckling
]

Okay.
[
chuckling
]

[ theme music playing]