Original subtitles

Previously onJAG...

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 afterhe 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 himjaywalk.

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 cansubstantiate 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 counseledhim.

"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 mein on this strategy, Brumby?

It just came to me--

a desperation move after you struck out on your cross.

Istruck 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 amdealing 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 couldinfluence 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 10,000years, 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 thisis, 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 thisis, 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 areeager 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 findsomebody 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.

Youthink? 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 verytired, 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 hasto 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]