All language subtitles for JAG.S05E04.The.Return.1080p.AMZN.WEB-DL.DDP2.0.H.264-Panda_track3_[eng]

MAN:
All deck personnel:
Rig for fuel transfer.

Boom coming in!

[
indistinct shouting ]

We're locked!

Increase speed
to 1-2-0 revolutions.

Increase speed to 1-3-0
revolutions, aye.

That's 1-2-0 revolutions.

1-2-0 revolutions, aye.

Come right,
steer course 0-5-5.

I say it again!

Come right, 0-5-5.

0-5-5, aye, sir.

Seaman Rivera, do I need
to have you relieved?

Uh, no, sir.

Then man your helm, son.

Aye, aye, sir.

MAN:
All deck personnel,
fuel transfer has commenced.

Officer of the Deck,

wind shifting
to starboard quarter.

Captain, we're getting
sucked in.

The captain has the conn.

Boatswain's mate of the watch,
take the helm.

Aye, aye, sir.
Right standard rudder.

Steady on course 0-7-0.

Standard right rudder.
Come to 0-7-0, aye.

This is the captain.
All hands:

Emergency breakaway.

Repeat: Emergency breakaway.

Clear the line!
It's a break...

[yells]

[
alarm sounds
]
[
indistinct shouting ]

Get a corpsman down there.

Aye, sir. Get a corpsman
down to the main deck.

Lieutenant Gold, take the conn.

Aye, aye, sir.

Lieutenant Nelson,
you are relieved.

BOATSWAIN:
Sir, steady on course 0-7-0.

Very well.

This was a stupid,
needless mishap.

Seaman Rivera, I'm confining
you to bread and water

for three days.

Captain, if I might point out,
it was the wind shift...

It was negligence,
Lieutenant Nelson.

Now escort Seaman Rivera
to the master-at-arms shack.

Captain, with all due respect,
he's entitled to a hearing.

Fine. Do you have anything
to say, Seaman Rivera?

Sir, no, sir.

Then lock him up, Mr. Nelson

and spare me
your customary whining.

That was not due process, sir.

Are you refusing
to obey an order, mister?

Yes, sir. I must respectfully...

Lieutenant Nelson
is hereby relieved of duty

and restricted to quarters
pending court-martial.

Now get off of my bridge.

[ theme music playing ]

Can I help you,
Commander?

You must be the new gunny.

Yes, sir. Gunnery Sergeant
Victor Galindez.

And you're...?

TINER:
Commander Rabb.

Welcome back, sir.

Thank you, Tiner.

They're in the
conference room.

I believe they're
expecting you, sir.

Nice to meet you, gunny.

Sir.

Political considerations aside,

a willful disobedience
case is always...

Lieutenant Commander Rabb
reporting as ordered, sir.

Come on in, Rabb.
Take a seat.

A willful disobedience
case is always

a lose-lose situation.

BRUMBY:
Then perhaps you should give it
to Lieutenant Roberts, sir.

Well, he's accustomed to losing.

Can I remind you
of the Barstow case, Commander?

Oh, the lieutenant had
an unfair advantage.

How's that?
You were prosecuting.

That was your advantage.

[
all chuckling
]

It was an incredible
experience, sir.

I wouldn't trade
it for the world.

I understand
you did pretty well.

I held my own, sir.

Pushing another F-14
by its tailhook

12 miles through
hostile airspace.

I'd say you did more
than hold your own.

Apparently,
Admiral Nash agrees.

He's putting you in
for your second

distinguished
flying cross.

Congratulations.

Thank you, sir.

I was unaware of that.

Commander, are you sure
you want to settle

for being a lawyer
after all this action?

Admiral, I don't
consider it settling.

Get yourself
the proper uniform.

Sir?

Your insignia.

Get rid of
that line officer star

and get yourself
a JAG
mill rinde.

You work for me now.
Have a seat.

Thank you, sir.

I guess you'll want me
to get started

on sentencing reports
and pretrial motions.

Well, why the hell would I want
to waste your talents

on such mundane assignments
like that?

Sir, I just thought
since I left your command...

that I would hold a grudge.

Commander,
do you consider me

that petty and vindictive?

No, sir. Of course not.

I just thought
a precedent had been set.

When Colonel MacKenzie left,
you had her all but

swabbing the deck.

She left for the glamour
of civilian life.

Hell, you went out and got
yourself another D.F.C.

No. No, as a matter of fact

I have a nice little case
for you right here.

Thank you, sir.

"Willful disobedience."

You'll, uh, defend.

Robert's second chair.
Brumby's prosecuting.

I'll do my best, sir

Well...

I sure the hell hope so.

It's the SECNAV's son.

Welcome back, Commander.

That'll be all.

Sorry. Force of habit.

No worries, mate.

You're next door
to Mac now.

Colonel.

Commander.

I was about to come see you.

They painted in here.

I could never get
them to paint.

All in the way
you ask, I guess.

Oh, by the way,

I understand you're defending
Lieutenant Nelson.

That's right.

If you lose, Harm,

you'll always be known
as the man

who let SECNAV's son
go to prison.

Well, you'll be the guy
who put him there, Brumby.

[
clicks tongue
]

Whoa!
Excuse me, ma'am.

Bud, you should
really get some help with that.

Oh, I got it.
Thank you.

Finish.

[
whispering
]:
Jordan, hey, it's Harm again.

I'm at the office now.

Give me a call.

I'd like to see you.

Okay, good-bye.

Colonel.

Out there, it's Colonel.

In here, it's Mac.

How's it feel being back?

Like I left yesterday...

and I've been gone
a hundred years.

Yeah, I know the feeling.

Except, you know,
when I came back

I was condemned to writing
mindless motions for a month.

Now you're the admiral's
chief of staff.

Well, not officially.

Are you free for lunch?

Brumby and I are
going to grab a bite.

Bud and I have
to go to Norfolk.

Well, maybe another time.

Sure.

Sorry again
about the office, Bud.

Oh, hey, if I had
to lose it to somebody

I'm glad it
was you, sir.

You know,
I never thought

I'd see you back
here at JAG,

let alone work
a case with me.

I understand you've
become quite a litigator.

Oh, you know,
got lucky.

Won a few cases.

Well, I hear you kicked
Brumby's butt

once or twice.

Yes, sir.
Kind of like...

You kicked mine
before I left?

Well, sort of, sir.
Yes, sir.

We were hooked
up to the oiler,

taking on fuel,
and I had the conn.

But refueling's
always tricky, sir,

especially
in heavy seas.

All the way down
to the cleats,
McWilliams!

I'm sorry, sir.

My office is
full of tarps.

I have to get this painting
detail completed.

No problem.

Anyway, you have
to maintain position

relative to the
supply ship;

too close,
you collide

and too far, you
break the fuel lines.

The deck log says
that Seaman Rivera made

an error at the helm?

Yes, sir. He misdialed
a speed adjustment

but I caught it in time.

He was shook up, but he would
have been okay.

Then the wind shifted

and a swell pushed us
towards the oiler.

Commander Burke ordered
emergency breakaway.

One of the fuel lines broke,
whipped across the deck

and hit a linesman.

Then Commander Burke
held a captain's mast.

[
scoffs
]

It was no captain's mast, sir.

It was arbitrary punishment.

Commander Burke is a highly
regarded officer, Lieutenant.

Whom I respected till I served
under him for a few weeks.

What changed your mind?

The way he treated me.

He was on my tail
from the get-go.

But did he treat you different
than the other junior officers?

He rode them all pretty hard,
too, sir.

But he was
especially tough on you.

I know I have a lot
to learn, sir,

and the skipper demands
perfection.

I can deal with that.

I grew up dealing with that,

but he went
over the line with me.

How?

Constant fault-finding,
rebukes in front of the crew,

verbal abuse.
"Verbal abuse"?

As deck division
officer,

I have 20 men and women
working under me.

How can they respect a boss

whose C.O. Is
always chipping at him?

Lieutenant, do you think that
your father's position has

anything to do with Commander
Burke's treatment of you?

No. Why would it?

Maybe Commander Burke is holding
a grudge.

I suppose,

it's possible.

A lot of people have
a grudge against my father.

Rabb:
Good morning, gunny.

Good morning, sir.

Look, this is
a long shot,

but have you ever
served aboard a ship

with Commander
Wallace Burke?

I can't say
that I have, sir,

but I'm sure
if I ask around,

I could find
someone who did.

Do that, will you?

Aye, sir.
Thank you.

By the way, sir, this
message came for you.

Thanks.

Uh, gunny, I'm going

to need transportation
this afternoon.

Thank you.

Yes, sir.

What are the chances

of this going
to trial, Commander?

Excellent, sir.

Considering your son
waived his rights

to an Article 32 hearing.

[
groans
]

And the chances
of acquittal?

Not so excellent, sir.

That bad, huh?

Your son did disobey
a direct order,
Mr. Secretary.

You'll try to prove
that the order was
unlawful, of course?

That is the customary
defense, yes, sir.

Well, and, if successful,

that'd be a black mark
against Commander Burke?

Yes, sir. That's
a good chance.

That would be
unfortunate.

Burke's a good officer.

Well, it appears that way.

I'm a political appointee.

Not very popular
with the officers.

Don't disagree so fast.

Everyone will bend over
backwards to avoid

any appearance of undue
command influence.

My position could
actually hurt my son.

This can't go to trial,
for the good of the Navy.

"The good of the Navy," sir?

And of
all
concerned.

Maybe you should be talking

to Commander Brumby,
Mr. Secretary.

I have. Now I'm talking to you.

Find some way to settle this.

Is that an order, sir?

No, Commander.

It's a request from a father.

Lieutenant called
for 120 rpm.

I dialed 130 by mistake.

So that would have you going
faster than you wanted to be.

Yes, sir, by
about two knots.

But Lieutenant Nelson
caught it.

Oh, immediately, sir.

But then I didn't hear
the next course correction.

I messed up real
bad, Lieutenant.

From what I hear,
you never messed up before.

So what happened?

I was rattled, sir.

It was almost as if he was
waiting for me to foul up.

Commander Burke?

Well, don't get me wrong, sir.

I mean, the skipper's tough,
but he's usually fair. Only...

Can I talk off
the record, sir?

MAN [
over P.A.
]:
Anchor Detail,
report to deck, section two.

Anchor Detail,
report to deck, section two.

Scuttlebutt was
that the commander

had it in for
Lieutenant Nelson.

So he punished you
to get to the lieutenant?

He never punished me.

Three days bread and water?

Suspended that night.

BURKE:
It's easy following

orders we like.

Unfortunately, we don't
always have that luxury.

Sir, I'm sure
Lieutenant Nelson...

Lieutenant Nelson
had an attitude from day one.

He needed taking
down a peg.

Teaching a young officer
humility is one thing, sir--

destroying his career
is something else.

I'm not out to destroy
anyone's career, Commander.

If this case goes
to court-martial,
Commander,

his career is over.

He should have
thought of that

before he defied me
on my own bridge.

He's lucky I didn't
charge him with mutiny.

Commander, is
a court-martial

really in the Navy's
best interest?

Is this where you play
your trump card?

Excuse me?

Oh, come on, Commander.

We both know
what this would mean

to my future in the Navy,
going after SECNAV's son.

I can assure you the SECNAV

has no intention of
getting involved, Commander.

But I will say this--

it is in everybody's
best interest

if we come to some
sort of an agreement.

Uh-huh.

You mean a plea bargain.

Would you consider
a plea bargain?

I'll go you one better.

I'll withdraw
all charges

and return
Lieutenant Nelson to duty.

In exchange for?

He admits he was wrong
and apologizes to me publicly.

No, sir. Absolutely not.

The commander is making
a concession, Lieutenant.

Why don't you
think about it?

I could think about it
for a year, sir.

It wouldn't
make a difference.

It would make a difference
to your future in the Navy.

ROBERTS:
Apologizing would be
the sensible thing to do.

And expedient,
but it wouldn't be right.

Seaman Rivera's punishment
was suspended.

He's already back on duty.

Well, that only proves Burke
was really after me.

Don't you get it?

He never intended
to punish Rivera.

He only wanted
to humiliate me.

But why?

Why does any tyrant abuse
his power? Because he can.

Let's go easy
on the labels, Lieutenant.

You don't know
what it's like, sir.

Constantly being criticized.

I mean, no matter
how hard you try,

your best is
never enough.

I'm not a loser, sir,
but he makes me feel like one.

Sounds like my father.

If you were in my place,
Commander, would you apologize?

I would try to find a way,
Lieutenant.

Well, I can't, sir.

It's a matter of principle.

Principle or payback?

MACKENZIE:
The past six months,

I've lived like Mother Teresa.

And then the admiral decided
I was no longer a disgrace

to JAG, the Marine Corps
or myself,

so he renewed his recommendation
for accelerated promotion

and the board
deep-selected me.

I'm sure the way
you handled

the anthrax
courts-martial

had something
to do with it.

Or the way I handled

the many other cases
you left me.

Sorry.

What about you?

You find what
you were looking for

out there in
the wild blue yonder?

Yeah.

Eight years too late.

Not much of a career
left for me

in aviation at this point.

Yeah, but you knew that
before you went back.

Well, maybe I thought
I could beat the odds.

So what's next?

JAG.

Guess I had to leave to...

well, you know... to figure out
how much I like this place.

BRUMBY:
Colonel.

Commander.

Brumby, have a seat.

I'd love to,
but I can't stay.

Uh, I had an interesting
chat with Commander Burke.

You know he's willing
to drop the charges?

Yeah, we're
not interested.

Well,
why in the bloody hell not?

We don't like the conditions.

Well, is that your client's
position or yours?

My client's position
is my position.

Okay.

I'll see you in court, mate.

Colonel.

It's under control.

Yeah.

[
knocking
]

I've been calling you.

I know.

Come in.

How long have
you been back?

Since I've been
calling you.

You don't return
phone calls?

I'm here now.

I was just going
to make some tea.

Oh, no, thanks.

I can't
stay long.

Jordan, I know
that it ended badly,

but we had a great thing going.

We did.

Okay, dealing with my obsessions

couldn't have been easy,
I realize.

I deal with obsessions
every day.

It's my job, remember?

And being with me isn't supposed
to be like work, right?

I didn't mind that.

What I did mind
was being shut out.

All the time you were thinking
of going back to flying

and you never told me.

Is that so hard to forgive?

It's not a matter of forgiving.

You can't help who you are

and I don't want
to change you.

Well, maybe a little.

Then where's
the problem?

I've got orders to Spain.

That's what I came
to tell you.

You could have told me
that over the phone.

I don't want you
on the rebound
from an F-14.

That's not fair to
either of us, Jordan.

Maybe when I get back
from Spain.

Don't leave.

Commander Rabb.
I'm still looking

but I've got some skinny
on Commander Burke.

What'd you find?

There's no complaints on
record about him, sir,

but the man's a
hardass, all right.

Each cruise, he picks
a junior officer

as a special project
and makes their life hell.

Any particular
qualifications
for this honor?

No, none, sir.

Minorities and women
are not exempt.

An equal opportunity
hardass, huh?

That's right, sir.

He finds fault with them,
humiliates them

and then right as they're
reaching their breaking point,

he cuts them some slack.

Except Lieutenant Nelson was
the lucky one this time.

There was a betting pool
going on in the chiefs' mess

about when the lieutenant
would crack.

Not if, sir, when.

Thanks, gunny.

Aye, sir.

The admiral said
to go straight in, sir.

Not until you
hear from me.

Well, that was the chief
of information.

We're getting requests
from the media

to attend Lieutenant Nelson's
court-martial.

That's not surprising

considering
the defendant's lineage.

This is rapidly approaching
a spectacle.

I don't like spectacles.

BRUMBY:
If I may, Admiral,

we can dispose
of this case easily

if Commander Rabb will persuade
his client

to budge off
his foolish position.

Well, as usual, sir,
Commander Brumby

has hit the nail
squarely on his thumb.

My client will not apologize
for acting honorably.

Disobeying a direct order
in front of six witnesses--

you call that honorable?

If the order is unlawful...

The captain is entitled
to discipline...

Even at sea, a captain...

[
both arguing
]

Admiral, I don't see
a settlement here.

I see a battle
of wills

between two pig-headed sailors.

Referring of course

to Lieutenant Nelson
and Commander Burke.

RABB:
Well, there is one thing
we agree on, sir.

What is that, Commander?

There will be a trial.

What happened then,
Lieutenant Gold?

Seaman Rivera made an error
dialing in a speed change.

Lieutenant Nelson corrected him.

Rivera then missed
a course correction.

I'm sorry, you're saying,

Seaman Rivera made
two
errors back to back?

Correct?

Yes, sir. Then a
swell caught us

and carried us toward the oiler.

Was there a danger
of a collision?

Oh, there was. Yes, sir.

Commander Burke ordered
an emergency breakaway.

In the process,
a fuel line disconnected

and hit a sailor in the face.

He suffered a dislocated jaw
and a broken nose.

So did the helmsman's

two errors
contribute to the mishap?

Objection.
Calls for an opinion.

Your Honor, as officer
of the deck and navigator

the witness is highly qualified

to offer opinions
on seamanship.

Objection overruled.

You may answer the question,
Lieutenant.

I think they could have
contributed, yes, sir.

Then was
a captain's mast warranted?

Yes, sir. I suppose it was.

Thank you.

Your witness.

You say that the captain's mast
was warranted,

but was it conducted properly?

I can't say.

You
were
there, weren't you?

Yes, but I had the conn.

I was focused on
steering the ship.

I see.

Is Lieutenant Nelson
a competent ship-handler?

I'd say so, yes.

Capable of coping
with the types of errors
made by Seaman Rivera?

He
was
coping with them.

So he could have
prevented a collision

had Commander Burke
not intervened.

In my opinion, he probably
could have, yes.

Then Commander Burke's
intervention

was premature, was it not?

The hasty reaction
of a fretful

and impulsive man.

I object, Your Honor.

Sidebar.

We'll lay the ground rules
right here, gentlemen.

I will not permit innuendo
or unfounded allegations

against commanding
officers in my court.

Sir, our entire defense
is predicated

on the unlawfulness
of the order.

Then pursue
the order, Commander,

not the man.

Is that clear?

Lieutenant?

Yes, sir.

Very clear, sir.

Perfectly clear, Your Honor.

Very well. Step back.

Objection sustained.

Move on, Bud.

But, sir, if I can show
Burke acted impetuously...

Lieutenant, move on.

Petty Officer Botts, as
Boatswain's Mate of the Watch,

you're in a position to observe
bridge activity, are you not?

Usually. Yes, sir.

Were you able to observe

the so-called captain's mast
on the night of...

I object, sir.

Sustained.

Rephrase, Lieutenant.

Yes, sir.

Were you in a position
to observe

any non-judicial punishment
on the bridge

the night of the incident?

Not real closely, sir.

I had the helm and that took
all my attention.

ROBERTS:
I see. Petty
Officer Botts,

Have you ever
witnessed

any deficiency
in Lieutenant Nelson's

performance of his duties?

No. [
clearing throat
]

sir, I have not. Uh...
Lieutenant Nelson's

a fine officer.

I'd be proud to serve
under him anytime.

Thank you.

No further questions.

You understand
Lieutenant Nelson

is not on trial
for deficient performance

but for disobeying
an order, correct?

Yes, sir, I understand that.

Good.

By the way, who's responsible

for training and supervising
Seaman Rivera?

The deck division officer

supervises the helmsman, sir.

And who has that billet
aboard the USS
Ellyson?

Lieutenant Nelson, sir.

Thank you.

SECNAV:
When you go before
the committee Friday,

look out
for Congresswoman Latham.

Mr. Secretary,
I always look out

for Congresswoman Latham.

If there's
nothing else, sir?

Uh, just one more
thing, A.J...

Unofficially...

how does it look?

Bottom line?
Yeah.

It's your son's word
against Commander Burke.

Members will side with Burke.

Well, I would.

Have you, uh,
have you talked to Brian?

No, the White House wants me
to keep my distance

to avoid "the appearance
of impropriety."

The hell with the White
House, Mr. Secretary.

This is your son.

Talk to Brian,
ask him to apologize.

Actually,
Brian and I don't talk much.

We haven't for some time.

Well, my, uh...
my daughter

was angry at me for years
after I left her mother.

I demanded excellence
in everything Brian did.

I even took him
off the baseball team

because he...

failed to get straight A's.

I pushed so hard,
eventually I pushed him away.

So far away he won't come back?

Well, sir...

[
sighs
]

Nobody holds a grudge
like our own children.

He's a good boy, A.J.

BURKE:
He was arrogant, fractious

and unable to handle
constructive criticism.

Did you counsel
him, Commander?

Absolutely. I take
a personal interest

in all my officers,
and I set about correcting

what I considered to be
a serious leadership problem.

How so, sir?

By not letting him
get away with anything.

I was determined to
tear down his shell

of conceit and turn
him into a leader.

Take the night
of the incident.

When performing
intricate maneuvers,

a rhythm develops

between conn and helm
that requires intense focus.

Seaman Rivera
had lost his focus.

I set about imposing punishment.

But you ordered Lieutenant
Nelson to lock him up.

Correct.

Why not wait
for the master-at-arms?

I was teaching Lieutenant Nelson

he was responsible for
disciplining his men.

And what did
Lieutenant Nelson do

when you issued
that order, sir?

He refused to obey it.

Thank you.

Your witness.

Commander Burke, I have

Lieutenant Nelson's
fitness reports

from his two
previous commands.

Defense exhibit "A," sir.

These fitreps show
Lieutenant Nelson

to be an exemplary officer
in every regard.

Can you explain, sir, his high
marks with two previous C.O.s

and yet his
dismal failure with you?

I can't speak for other C.O.s.

I can only speak for myself.

Well, then, sir,
speaking for yourself,

can you tell us why you decided
to discipline Seaman Rivera

without due process?

There
was
due process.

I held a captain's mast.

RABB:
Did you inform him
of his rights, sir?

[
snorts
]

Which particular rights
were you referring to?

The rights to be informed of his
offenses, to remain silent,

to examine evidence,

to have a spokesperson present,
to produce witnesses,

to submit
written reports...

SEBRING:
We get your point,
Commander.

Let him answer.

Seaman Rivera
knew of his offense

because he had
just committed it.

I offered him a
chance to speak

and he chose to remain silent.

Witnesses? All present,
including myself,

and as for a spokesperson,

who better
than Lieutenant Nelson?

I violated no one's rights.

You know, he made me
look like a, a...

an ill-mannered schoolboy.

I thought you were
a good lawyer, sir.

I'm... I thought you fought
for your clients.

I
am
fighting
for you, Lieutenant.

By debating
legal technicalities?

Why didn't you go
after him, Commander?

Lieutenant...

Are you afraid of him, sir?

Is that it?

Now you
are
acting
like an ill-mannered schoolboy.

Hello, Commander.

Sir.

Uh... hello, Brian.

Uh... it was my idea
to come here.

We'll leave you two alone.

No.

Please... stay.

I thought we could
discuss your situation.

Maybe find an amicable solution.

Meaning I messed up
and I should apologize.

I didn't say that.

What, then? You wouldn't
be here without a reason.

Are you getting
some heat from above?

Just once in your life, Brian,

can you assume I have
your best interest at heart?

Well, short of getting me
a presidential pardon,

I don't see what
you can do for me, sir.

Well, I can tell you I'm proud
of you for taking a stand

and doing what you
believe is right.

But there is
a fine line

between integrity
and intransigence.

You do want me to apologize?

Yes. Not for me, for you.

Commander Burke
has suspended

the helmsman's punishment.

You've achieved your objective.

There's no reason

to continue this.

You know, for one second,

I believed that you really
came here to support me.

Lieutenant, he's reaching out.

The least you
could do is listen.

When I lived under his roof,
I
had
to listen.

I don't have to now.

Will that be all, Commander?

Excuse me.

Commander.

The information
you requested.

It's pretty interesting, sir.

Thanks, gunny.

The old Harm would have
gone for Burke's jugular.

Not you, too.

It was tense on the bridge,
Commander Burke.

Things moved quickly.
Maybe you acted hastily.

Come on, Harm,
you know how to do it.

Oh, the media would love that.

"Ship's Captain Rattled
During Emergency.

Blames Junior Officer."

You're supposed to be worrying
about your client's image,

not Commander Burke's.

Look, if we're going
to make the law our lives,

we have two choices--
respect it or manipulate it.

Your client
still takes priority.

If you can't see that,
I can recommend Bud

take over the case.

Well, that won't
be necessary, Colonel,

but just so we're clear,

I will not destroy one good man
to save another man.

Not while there are
alternatives.

And when the alternatives
run out, Commander?

RABB:
Lieutenant Nelson,
did you disobey

Commander Burke's order

to escort Seaman Rivera
to the lockup?

Yes, sir. With great regret.

Why?

Well, I felt the order
was unlawful.

Seaman Rivera
was denied due process.

Commander Burke held
a captain's mast, didn't he?

It was not a fair hearing, sir.

Why not?

Seaman Rivera
wasn't allowed time

to prepare a defense.

Commander Burke
just declared him

negligent and sentenced him
on the spot.

It was the law
according to Burke.

But aboard ship, Lieutenant,

the captain's word
is
law,
isn't it?

Yes, sir.

But there must
be accountability.

He punished a sailor
for an honest error

to teach me a lesson.

That was wrong.

Do you have any legal training,
Lieutenant?

Yes, sir.
I took a class
at the Naval Academy-- NL-400.

NL-400.

And how much of that course

dealt with non-judicial
punishment?

I believe one lecture, sir.

One whole lecture.

Well, I can certainly see why
you consider yourself an expert.

I was raised to know
the difference between
right and wrong, sir.

I'm sorry we all didn't have
the benefit

of your special upbringing,
Lieutenant.

Objection.

Withdrawn.

Commander Burke circumvented
proper procedure, sir.

Did he?

And did you follow
proper procedure

on Commander Burke's ruling?

For example, did you send

an appeal to the commodore
through the proper

chain of command?

No, sir. There wasn't time.

So circumventing proper
procedure is okay as long you're

the one doing it, isn't
that correct, Lieutenant?

Your Honor, the counsel
is badgering the witness.

I'm through with the
witness, Your Honor.

Redirect?

No, sir.

We will adjourn
until 0900 tomorrow.

[
knock at door
]

Mr. Secretary.

You were expecting someone?

Uh, no, sir.

Please come in.

Have a seat, sir.

I won't stay long.

I have some information
for you, uh...

how you use it
is your business.

Yes, sir?

Shortly after Brian was assigned
to the
Ellyson,

I ran into Commander Burke
at the Pentagon.

I mentioned my son
would be serving under him.

I asked him not
to show any favoritism.

I think my exact words were:
"See what he's made of."

You meant that as an order, sir?

Not intentionally.

But if you can show
that Burke took it as such,

the members can rule
that his order was unlawful,

yet it takes Burke
off the hook.

Puts you on it, sir.

Would you be willing
to testify?

Yes.

You could be accused
of impropriety, sir.

As I said, use the information
as you see fit.

Good night, Commander.

Good night, sir.

Commander Rabb, do you wish
to call any more witnesses?

Yes, sir.

The defense recalls
Commander Burke.

BAILIFF:
Commander Burke!

SEBRING:
Commander Burke,
I remind you...

you are still under oath.

Yes, sir.

This won't take long, sir.

We know you have
a ship to command.

Take all the time
you need, Commander.

Well, thank you, sir.

Have you ever conducted
a captain's mast

aboard the bridge before, sir?

No.

But I'd hold a captain's mast
in the head

if I felt the situation
warranted it.

Because it's
your
ship,
isn't it, sir?

That's right, Commander.

It's
my
ship.

Now, sir, during your deployment
to the Adriatic

in the fall of '97,
you placed three sailors

on bread and water
confinement

for beating up a fellow
shipmate, correct?

Uh... that's right.

Um... it was a
hazing incident.

The victim refused
to identify his assailants.

But you told the assailants

that the victim
had
identified them.

Correct.

You see, what I was trying...

You lied.
I object, sir.

Approach.

I warned you,

I would not tolerate
character assassination.

That was not my intention, sir.

You accused Commander Burke
of lying.

Sir, under RCN-608,

the character of a
witness may be attacked

if probative of
untruthfulness.

Your Honor, this
is a desperate attempt

to discredit
a good officer.

RABB:
My intention, sir, is
to show Commander Burke

had a hidden motive issuing
his order to Lieutenant Nelson.

By referring to an unrelated
incident from two years ago.

Where's the relevance?

It goes to pattern
of behavior.

Sir, my client is entitled
to a thorough defense

and I respectfully suggest

the purpose of
this court-martial
is to seek justice,

not protect Commander Burke.

I know the purpose
of this court-martial.

And if you
ever
speak to me
that way again...

I'll throw you out of my court.

Understood?

Yes, sir.

Objection sustained.

Commander Burke, why did you

suspend Seaman Rivera's
sentence?

Because he came to me
afterward and apologized...

like a man.

Well, could it be, sir,

that you regretted
a decision you had made

in the heat of the moment?

A heat of the moment is when
a leader often makes decisions.

As an aviator,
you should know that, Commander.

It is also when he most
requires loyalty.

If I can't rely
on my officers

at all times,
I don't want them around.

Now, sir, you also offered
to withdraw charges

and reinstate lieutenant nelson
to full duty

if he apologized,
isn't that correct?

I'm not a vindictive man.

So then, his alleged

offenses could not have been
that serious to you, sir,

if a simple apology
would've cleared them.

It was
very
serious.

But if he expresses

true remorse and
persuades me

that he's learned

from his mistake,
yes, I would clear him.

But I'm afraid Lieutenant Nelson
is too arrogant for that.

Regimental commander
his senior year at Annapolis.

Outstanding fitreps.
Good ship-handler.

Popular with the crew.

Why is it, sir,

Lieutenant Nelson
is liked by everybody but you?

A leader doesn't need
to be liked.

A leader needs to be respected
and obeyed.

The men didn't obey
Lieutenant Nelson, sir?

Sure they did.

Because he coddled them.

That only works
to a point.

I teach my officers

discipline is the soul
of the Navy.

So that's why you ordered
Lieutenant Nelson

to lock up Seaman Rivera--
to teach him discipline.

Yes, as I said.

Except your plan backfired
this time, didn't it, sir?

Nothing backfired.

Lieutenant Nelson
disobeyed your orders, sir.

You couldn't have foreseen that.

Sure I did.

It's his character flaw.

He's too damn concerned
with being liked.

Come on, Commander,

you knew
Lieutenant Nelson

would refuse to lock up
Seaman Rivera.

Knowing Lieutenant Nelson,

I figured
there was a good chance of it.

And you issued the order,
anyway?

Of course.

So you manipulated him
into disobeying an order.

Wh-- what? No!

When I issue
an order,

I expect it to be carried out.

You just said that you didn't.

You... twisted my words.

Your words are crystal clear,
Commander.

You intentionally provoked
Lieutenant Nelson

into disobeying your order

for the sole purpose
of punishing him later.

That makes your order unlawful,
doesn't it, sir?

[
clears throat
]

Lieutenant Nelson,

would you and your counsel
please rise?

SEBRING:
Captain Packard...

would you announce
the finding, please?

Lieutenant Nelson, this
court-martial finds you guilty

of the charge
and specification.

SEBRING:
This court-martial is adjourned.

First sentencing
will start tomorrow...

[reporters shouting]

No comment.

We'll fight confinement.

I can kiss my
career good-bye.

Nice job, Commander Rabb.

You almost had me
rattled in there.

Well, I hope you know,
Commander,

it was nothing personal.

You know, sir, you can still get
this guilty verdict disapproved.

That's up to him.

Do you have something
to say to me, son?

Yes, sir.

I-- I would...

I would've made a good officer.

So he wins.

No, Lieutenant.

You lose.

[ theme music playing]