Original subtitles

We need backup and an ambulance.

Suspect is armed with a fully automatic rifle and may have armor -piercing

rounds.

Barclay! Barclay!

I need you to let my deputy go now!

Get your man out of here and I'll let her go!

You know I can't do that, Barclay!

You just hang in there.

Damn it!

Where the hell does he think he's going?

Dispatch! This is Sheriff Crystal.

I told you to tell those jarheads...

Sheriff Driscoll, get me the commanding general at MCAS Yuma now!

Barkley Kale was a widower who had farmed this small piece of desert for

his life. This time I've seen it this morning, it's all over the news.

You know what they say, sir? If it bleeds, it leaves. Kale held off police

a converted automatic weapon.

The standoff sadly ended when a Marine pilot chose to act as judge, jury, and

executioner.

We could have taken him out alive.

No court in Atlanta would give him Kale the death penalty for what he'd done. He

hadn't killed anybody.

But that Marine pilot took the law into his own hands.

So, you see the urgency in resolving this case?

Sir, what was Major Tunney doing so close to a police standoff? I don't

You should put that on the top of your list of questions, Colonel.

What do we know about Barkley Kale?

The Huma County Sheriff was attempting to arrest him for tax evasion, property

taxes he had lost to his creditors.

Geared up for one last standoff and fires on the deputy as soon as they

Sir, it's illegal for the military to participate in arrests.

searches or police activity on U .S. soil, which means that when the Marine

pilot killed Barkley Kale, he violated the Posse Comitatus Act.

May have, Carl. Posse Comitatus contains a lot of gray area.

Did the pilot feel the circumstances were exigent, sir?

Put that on your list of questions. Look, the administration's taking a lot

heat for the Patriot Act. Last thing they want is the public worrying about

Marines interfering with domestic law enforcement.

That'll be all.

Bye. Bye.

Good morning, Harry. Good morning.

Hey, bud.

Hey, Harry. Listen to this.

The pioneers of a warless world are the youth who refuse military service.

Whose case is that?

Albert Einstein.

I mean, he said it.

You all right?

No. I got a call from the Inspector General's office.

First time in three years.

They're calling you back from temporary duty?

I don't know.

I have to report to General Tillman, the Pentagon.

Well, we always knew there was a chance that you'd have to leave JAG. I guess I

just tried to ignore it.

Okay, let's not panic until we know for sure.

Why are you quoting Einstein?

Oh, I've been assigned as the investigating officer in the case of

Commander Justin Bentley.

Navy paid for Commander Bentley's medical education.

Now that his reserve unit has been put on standby for deployment in Iraq, he's

claiming conscientious objector status and asking for separation based on his

beliefs as a religious pacifist. And you don't find Commander Bentley sincere?

Well, everybody finds war objectionable, but sometimes it's necessary.

So is standing by one's beliefs, though, bud.

Major Tunney is the real deal. He flew combat missions in Iraq and Afghanistan.

Hell, he's trained over half the pilots on this base.

Now, the skills that are at issue here, Colonel Pittman, is his judgment.

I assume you debriefed Major Tunney after the incident?

Major Tunney was conducting routine training. He noticed the standoff with

Sheriff's Department and the wounded deputy on the ground. He believed he

assist with emergency medical evac. That's when Mr. Cale opened fire on him.

Well, the Sheriff's TV interviews left that part out.

Did the Major seek authorization before returning fire, Colonel?

He did. He was told to hold his position while we attempted to contact the chain

of command.

You told him to hold his position or hold his fire?

Hold his position, Colonel.

I would never instruct a Marine to hold fire while he's taking direct fire

himself. Why not just tell the Major to leave the area?

Because the Major explained to me he thought he could save some lives.

Sorry I kept you waiting.

I'm used to waiting for doctors, Commander.

Why?

See that you have all the bells and whistles?

I'm not Amish, Lieutenant.

Quakers respect scientific advances. We simply believe they should be used to

elevate humankind, not to kill.

As investigating officer, it concerns me that you came to that conclusion just

as your reserve unit was put on standby for activation. I know the timing seems

convenient, but the change in me came last year when I got married.

The six years I spent on active duty in the Navy, Lieutenant, were difficult

ones.

wondering if I was contributing to the things I was seeing on the news.

The guilt was overwhelming.

I see that you display your naval affiliation, Commander.

Why? I put my patients at ease.

You're part of the Navy Preferred Plan. Most of your patients are military or

military dependent.

Once you're civilian, are you going to leave the pictures out?

That would be hypocrisy, Lieutenant.

You think your clientele will accept that?

I sincerely hope that they will, Lieutenant.

Major, were you doing flight training with fully armed weapons systems?

No, the 20 was a load of lead ball training rounds, Colonel.

If I'd open up with explosive incendiary, that barn would be nothing

Well, it's still way too much firepower for the task at hand.

Well, I heard over the radio that he had a hostage, so I hovered low enough to

see where she was. Looked like K .O. was training a gun on her.

So I fired a microburst at a shallow angle.

I was only gunning for the bad guy, ma 'am.

I'm sorry to hear the female deputy was hit by fallen timber.

I was not looking to participate in any police action, Colonel.

I just wanted the help.

By opening up with your 20mm guns.

As I stated before, ma 'am, I was taking fire.

The guy was a lousy shot, Commander, but you throw enough ammo out there and

you're bound to hit something.

Isn't the Cobra's cockpit designed to withstand small arms fire?

Yes, sir.

under optimal conditions, but that doesn't mean an armor -piercing round

couldn't penetrate the windshield or a seam between the noroxide panels.

We were afraid he'd take us down right on top of the cops on the ground.

So you're telling me you sincerely felt your life was in danger.

What else could we do?

We were being fired upon.

I attempted to make radio contact with the sheriff, but the dispatcher told me

that she was under orders not to put me through.

What about your operations duty manager? Did you attempt to contact anyone on

base for orders?

Yes, ma 'am. I tried to get direction for my squadron CO through the duty

manager. But before Colonel Pittman could get to me, I started taking fire.

How many rounds did Barkley Keel fire at you?

I really can't say for sure.

But he did fire on you.

Yes, ma 'am.

Major, you know what the Posse Comitatus Act is.

Can you honestly say that your actions weren't in violation?

I did what had to be done, ma 'am.

And no.

I didn't believe I was breaking any laws by defending myself or trying to save

the lives of those two deputies.

The Inspector General says you've been a real administrative whiz over at JAG.

We were hoping you'd want to help us out for a while.

Am I being reassigned to the Pentagon, sir?

Lieutenant Sims, I'm retired from the Marine Corps.

I'm with Armed Forces Entertainment, so I'm not in a position to reassign

anybody.

Then why... Biggest USO show of the year,

Baghdad. Christmas Eve.

You ever try to do personal information forms for celebrities?

The women won't give their real birth dates. The men won't give their real

heights.

Celebrities, sir? We need travel documents for 70 people.

Everybody from Garth Brooks to the Dallas Cowboy cheerleaders. Would I get

meet Garth Brooks?

I would think so.

Now, there's no extra money in it.

That's okay.

And Wrangling Rockstars is not for the timid.

Well, neither is working for Admiral Chedwig and Sir.

I would love to do this.

You find anything?

Colonel Pittman's not the only one who works with the ground Major Tunney walks

on. You?

Well, Tunney's former CO doesn't feel the same way.

This is the final report from a previous command inquiry.

Two years ago, Major Tunney used his helicopter to assist the San Diego

in apprehending a felon during a police chase.

This isn't the first time he's been investigated for violating the Posse

Comitatus Act.

Looks like Major Tunney thinks he's the Lone Ranger.

Medical helper McGinnis was already en route, and with backup, we could have

taken care of Barclay Kale, too.

That's our job, not Major Tunney's. He just wanted something to shoot at.

Well, Major Tunney says Barclay Kale shot first.

There are bullets flying everywhere. To be honest, I can't call the man a liar.

But I don't believe that Major Tunney was under fire at the time he opened

on Barclay Cale.

Major Tunney said he tried to make contact with you at the scene, but your

dispatch wouldn't put him through.

I told him not to.

Why? I was busy enough dealing with one trigger -happy Yahoo. The last thing I

wanted was another.

Look, I got two deputies in the hospital, and the one who's still in

care wasn't injured by the man I was trying to arrest.

She was hurt when your Marine knocked half a barn down on top of her.

A helicopter gunship is not the right tool to use in a hostage situation,

Commander.

This is Arizona, not the damn Gaza Strip.

This the Lord says, and proves you daily by the example of the community of

which you are part.

Find peace in each other, and pray unto the Lord, for in the peace thereof shall

ye have peace.

I want to welcome the newcomers.

Now go with God.

Commander Turner.

It's Commander Turner. He'll be representing me at my hearing. My wife.

Pleased to meet you, ma 'am. Would you like some coffee, Commander?

No, thank you. Commander, Reverend Ford. Sir.

How much do you know about the Society of Friends?

Not a lot. My father was a Baptist minister. I was raised in that faith.

Do you know I can't take an oath in court?

I wasn't aware of that restriction.

Well, to swear to tell the truth under oath implies that we lie the rest of the

time. Dr. Bentley can only affirm that he will continue to tell the truth.

I'll explain that at the hearing. It won't be a problem.

We would appreciate it if you could make it clear that my husband's actions are

not an indictment of the United States.

He's asking for a separation from the military during a time of war, when men

and women are dying in Iraq every day.

While I respect his right to ask for a separation, I can't guarantee it won't

damage his reputation.

My personal character isn't as important to me as the church's good name. People

could misinterpret my intentions.

Commander. Quakers have a long record of bravery and patriotism.

As abolitionists, we petitioned against slave owners.

And fought to win women the right to vote.

This is nothing new for us.

Our religion has endured two world wars and Vietnam.

We have been called cowards and communists, spat at in the streets and

discriminated against.

Despite the vast humanitarian efforts we've offered our country in times of

I can't comment on anything beyond the facts of the case.

My case, Commander, is about more than facts.

It's about faith.

Faith is an intangible, Commander. I can't prove it in court.

I'm not even sure if I know what it is anymore.

How can you prove what you can't see?

We mere mortals have to accept the fact we may not always know the answers, bud.

As the investigating officer, I don't have to know the answer.

If I can say with 51 % conviction that Commander Bentley's beliefs are not

sincere, that's the report that I have to submit.

Do you think you resent Commander Bentley because of what's happened to

That when I was called to duty in a combat zone, I went without question?

I paid dearly for it.

But you fought to stay in the Navy because you believed that was the right

to do.

And apparently Commander Bentley believes something different.

Don't you just think it's a little bit strange that of all of the churches in

all of the world, he decides to join one that will give him CO status?

Maybe. But do I think it's okay to punish a man who may be guilty of

more than religious conviction?

No, I don't.

Ooh, I gotta go.

Now? Why?

I have to make travel arrangements for a diva who won't travel without her toy

poodle, and I have to explain to a rapper why he can't wear his ski cap in

passport photos.

Incidents in two years is a little more than coincidental, Major.

Tell us about what happened two years ago.

I was stationed at Camp Pendleton.

San Diego police were chasing a guy doing 90 off the wrong side of a divided

highway. So I went down low in front of him. I figured I'd scare him into

stopping.

Steady ran himself off the road.

And crashed into a tree in someone's backyard where luckily kids weren't

playing. We can't hold them in response before it didn't happen. In both cases,

I took action. They lied.

That's illegal.

Lock me up.

I'm just not sure I'm the right man for the job, Admiral.

So you can't find any common ground with Commander Bentley?

I don't think so, sir.

Even though you had the benefit of being raised by a minister?

Sir, I look at my father and I see his face, for better or worse.

I don't see that when I look at Commander Bentley.

Does your father know you're turning your back on religion?

I know the question's a little out of line, but I'm going to ask it anyway.

Respectfully, sir, I will represent the commander to the best of my ability, but

I can't be in any good conscience if I respect his actions.

Well, good lawyering has nothing to do with feelings.

Dismissed.

All right, sir.

Sturgis, have you talked to your father lately?

Posse comitatus prohibits the military from participating in any effort to

enforce or execute the law on U .S. soil.

Technically. The military, however, can be used in certain specific

circumstances, i .e., the Army lend advisors and a tank during the Waco

standoff. Yeah, and look how well that turned out.

Well, Enfield Team 6 and Delta Force provided security and surveillance

the Olympics. They also provided advisors to the FBI and local police

hunt for the D .C. sniper. Except who?

I have my sources.

Right, I forgot. You went to the dark side.

Military can be used in cases involving biological, chemical, or nuclear

weapons. Only with the approval of the Attorney General, and Barclay Kale

have any nukes parked in his barn.

The Marine Corps was brought in to quell the L .A. riots.

Military can be used to suppress insurrection against the government.

Now, the hot standoff began when Mr. Kale refused to pay his income tax. One

could argue this was at least the beginning of an insurrection.

Wrong. Barclay Kale wasn't trying to overthrow the government.

He was a man with nothing to lose, just trying to keep some dignity, went about

it the wrong way.

You really love this, don't you? What, arguing with you?

Yeah, the investigations, the interviews, and yeah, our arguments.

I'm beginning to understand why you came back.

You need Jag just as much as Jag needs you.

What about you?

You glad to have me back?

Senate Colonel McKenzie.

Yes, absolutely. Thank you.

That was the Yuma County Hospital.

Deputy Linda Foyo is out of intensive care.

What happened before you were injured in the shootout? Did Barkley Kale fire on

the helicopter?

He was firing, but he had stopped by the time the chopper fired at us.

Look, Barkley Kale was a sad, stubborn old man who deserved to do life in

prison. But if there's one thing he knew, it was weapons.

When that helo showed up, he knew he couldn't shoot his way out.

So you're telling us that the Marine helicopter's presence was helpful?

Not in the way that you mean. I mean, it helped me talk Barkley into giving

himself up, which he was about to do before that pilot opened fire.

You're sure he was going to give himself up?

Colonel, Barkley Kale was a vet.

Caught the alien of Vietnam. He knew better than to take on a cobra.

Why am I not surprised?

The two of you agreed that would be a surprise.

Admiral, given the highly public nature of the incident, I think not going

forward with an Article 32 would invite accusations of a cover -up.

So you're recommending that we proceed to head off conspiracy theorists?

No, sir. I believe Major Tunney is in clear violation of the Posse Comitatus

and therefore Article 92 of the UCMJ, failure to obey a direct order or

regulation.

Admiral, Major Tunney is an experienced and dedicated Marine pilot who was

taking fire and did what he felt he had to to save the numerous lives of law

enforcement agents on the ground.

Well, if the convening authority sends this to an Article 32, we know who will

prosecute and who will defend.

It would seem so, sir. Yes, sir.

Admiral, the Marine Air Base is off -limits to the public, so in the

transparency, the county has volunteered its library as a hearing site.

Military history section, no doubt.

Outcome of this case could affect a lot more than one major's freedom.

I couldn't have been more clear, Colonel.

My dispatcher told Major Tunney we didn't want or need any help from the

Marines. Especially not in the form of a super cobra designed for taking out

tanks. Even though you're a faith -in gunman whose automatic weapon was loaded

with SS -109 rounds?

Colonel, half the street gangs in Yuma have automatic weapons.

I'm sure more than a few are loaded with AP rounds.

Should I call the Marines every time we raid a drug out?

Your Honor, I'd like that testimony stricken from the record unless I'm

be allowed to answer that question.

So ordered.

Sir, would you please refrain from answering a question with a question?

Yes, Your Honor.

Sheriff, besides the fact that it's illegal, was there any other reason that

refused Major Tunney's offer of assistance?

Barclay Kale was one of us. I've known the man for 20 years.

And although he'd been shooting, he was still talking. A peaceful surrender was

still on the table until Major Tunney unleashed his cannon rounds.

The Marines are simply not trained or equipped to handle civilian law

enforcement. On what do you base that?

Four years I spent in the Marine Corps and the 15 years I spent in the Yuma

County Sheriff's Department.

Nothing further, Your Honor.

When you and your deputies arrived at the Kale Ranch to arrest Barkley Kale,

were any of your deputies wearing body armor? They were all wearing vests.

But when Deputy McGinnis went down, we realized Kale was using SS -109 rounds.

What about the squad cars you arrived in? Were any of these armored or

ballistically reinforced to any degree?

No. So then, despite your extensive law enforcement training, the instant

Barkley Kale chose fight over flight, you and your men became helpless.

We didn't choose to shoot it out like it's the O .K. Corral, but that doesn't

mean we were helpless.

We were waiting for backup.

Well, I assume it wasn't part of your plan to have one deputy shot and another

taken hostage.

Objection. Argumentative and irrelevant.

Your Honor, the witness has testified that my client's actions were

I'm trying to elicit testimony to the contrary.

Overruled. But make your point, Counselor, and move on.

Sheriff Driscoll.

Things weren't going well.

He was sitting, waiting for backup.

He must have been feeling helpless.

Not enough to call in the Marines.

That'll be all.

Hey, Pop.

Yeah, it's good to see you, son.

Yeah.

Thanks for coming by.

Good to have a seat.

Thank you.

It's been so long since I called you.

Yeah, well, I read the file that you packed me on the conscientious objector

case.

Do you have a gut feeling about it?

I'm just finding it hard to believe that a sudden religious epiphany would cause

someone to change his whole life.

Well, that's something that happened before, son.

You have, too, when you were a boy.

Well, you know, I spent hours in church listening to the testimony of those

saved souls, Dad, but are their lives really changed?

Or did they just fall back into the same rut, the futility of trying to hold on

to something in this world?

I don't think it's this world that they're worried about, son.

So, why'd you call me?

Help me win the case.

You never needed my help before.

Chaplain?

I was on my way to see you, haven't I?

Keep you safe. Good to see you.

Any words of wisdom for me?

Absolutely, sir.

Treat my son well and you'll be rewarded in heaven.

Well, I'll remember that the next time the commander shows his stubborn streak.

You need me to help you straighten him out or something?

Well, I think he's straight enough already.

Did I leave so you two can talk about me?

If you don't mind.

Hi, this is Lieutenant Sims.

I'm working with the USO.

Hi. Hi.

I'm compiling the personal information forms for the Baghdad tour.

No, sir. You may not bring your 30 -odd thick...

If you feel the need to fight off the Fedayeen, I'm sure the Marine Corps will

have your back.

Iceberg is not the name your parents gave you, and I will not put that on

passport application, young man.

Isaac.

Thank you.

Shulberg. Okay.

No, ma 'am, the MREs do not include hydroponically grown organic vegetables.

Maybe Baghdad Hilton has a salad bar.

Hello?

The theory is to determine the status of Lieutenant Commander Justin Bentley.

Commander, on what grounds do you seek separation from the Naval Reserves? On

grounds of conscientious objection to military service.

And did your counsel explain to you that you bear the burden of proof in this

proceeding? Yes.

And that your beliefs must be honest, sincere, and deeply held?

Yes.

All right, Commander.

We can proceed. Does your client wish to make a statement for the record?

Not at this time, Lieutenant. Instead, I'd like to call an expert witness.

I served as a Navy chaplain in both Korea and Vietnam.

Did you come in contact with conscientious objectors, Chaplain

Yes. Who were these men?

Sailors and Marines who had become repulsed at the undeniable horror of

They'd become convinced that no objective was worth the cost, so many of

sought out their chaplain.

What would you do for them, Chaplain?

If they were just scared, I would refer them for psychological help.

But if I found they were truly spiritually troubled, I attempted to

reassigned. Have you spoken to Commander Bentley about his beliefs?

At length.

And in your view, is he truly spiritually troubled?

Commander Bentley has immersed himself in the Quaker way ever since his

last year.

He attends a meeting once a week.

and has studied the peace testimony extensively.

I'm convinced that his pacifism and his religious conversion are sincere.

How do people have these sudden awakenings, Chaplain? Do they hear the

God?

People have a variety of experiences.

God comes to some of us in our dreams from the voice of a small child.

And the things we see every day, the people we meet,

decisions we have to make.

Thank you, Chaplain.

You just have to be open to him, Commander.

Again, thank you, Chaplain.

Chaplain Turner, it appears to me that Commander Bentley's spiritual searching

took place after it was clear that we might be going to war in Iraq.

This war.

like all wars, has made a lot of us do some soul -searching, Lieutenant.

Or maybe he's been attending meetings and studying peace testimony as a

to build up his case.

I don't believe that's the situation.

Do you believe it's possible to look into a man's heart?

Not with surgical precision, but I'd like to think that I'm better at it than

most. Well, Chaplain, I have no doubt that Commander Bentley hates war.

But I would imagine that you do, too.

And yet, you've been able to serve your country in uniform for nearly half a

century.

I found honor in providing solace to those who fought, Lieutenant, and

to the wounded and dying.

Deputy Foyer, do you believe that Major Tunney saved your life by killing

Barkley Cale?

I do not.

I was making headway with Barkley. The guy went to high school with my father.

I had talked him into dropping the gun.

Thank you. Nothing further.

Commander?

Deputy Coyle.

Now, didn't Barkley Cale take your radio to prevent you from communicating with

the other officers?

Yes. Well, then there's no way that anybody but you would know that Barkley

was ready to give himself up and surrender his weapon, is there?

You weren't there, Commander.

This man knew me.

Well, that didn't prevent him from taking you hostage, restraining you with

own handcuffs, and holding you at gunpoint, did it?

No.

Doesn't sound to me like the Barclay Cale you were in the barn with is the

Barclay Cale you grew up knowing, Deputy.

Now, isn't it possible, in all the confusion, wind from the rotor blades,

noise, that you're not exactly sure who Barclay Cale was shooting at?

Barkley, please don't do this.

None of us wants to hurt you.

Just come out with me.

Come out with me and they won't shoot you.

You've got to believe me. I didn't want this to happen.

Barkley, stop it.

You're too smart to want to go out like this.

Look around you.

The bank owns everything you see.

I can't afford a lawyer to do the things the right way.

Did you call the black chopper?

No, no, Barkley, I swear.

Barkley, stop it!

They'll kill us both!

I know, you don't want to kill me.

You owe my father at least that much.

I'm so damn sorry, Linda.

Couldn't really be sure who Barkley Cale was firing at, could you, Deputy Coyle?

I don't believe Barkley was shooting at the chopper.

But I guess I see how Major Tunney could have thought so.

Hey. Hey.

Where you been?

I just had a long conversation with the base public affairs office.

Don't set my interview up with Mike Wallace until I've actually won. Very

According to the PAO, you're not the one out looking for fame.

What's this?

Your client's memoirs.

His publisher just dropped them off at the public affairs office as a courtesy.

Check out the title.

The Nick of Time.

Go to motive, Counselor.

It looks like Major Tunney may have had more of a personal interest in getting

involved than he's let on.

What's a little posse comitatus when you can be number one on the New York Times

bestseller list?

My whole life changed when I met Julia.

The confusion I had about the military went away. I met people who thought as I

did. You began attending your wife's church.

Yes. The Quaker belief system spoke to how I want to live my life.

Can you be more specific?

We believe every human life is precious and that God intends for us to live in

peace. Some might say that's a bit idealistic.

How would you answer that?

Without ideals.

What are we?

Thank you, Commander.

Commander Bentley, would you ever consider serving your country in a non

-combative way? If you're called up after all, it would be to save lives,

take them. I can't in good conscience aid the war effort, even indirectly.

Is that part of your Quaker beliefs?

Quakers are divided on this, Lieutenant, but I would have trouble being involved

with anything connected to the military.

Well, you didn't view the military that way when you took Navy money to pay for

your tuition.

That was before my doubts began.

Certainly long before my conversion.

And after your conversion, did you attend any war demonstrations?

No, Lieutenant.

Did you write any articles expressing your anti -war views?

I would feel uncomfortable doing that while I'm still in the Reserves.

I'm trying to determine if you've ever actually done anything to convince me

that you're a committed pacifist. What I've done, Lieutenant, is to seek

separation from the Naval Reserves.

I'm not impressed, Commander.

I'm sure that life is sweeter in the Virginia suburbs than it is in an Iraqi

field hospital.

Lieutenant, that's unnecessary.

Lieutenant Roberts, I want to serve God.

Nothing else matters.

I wrote my memoirs because I think I've led a pretty interesting life.

You sure it's not the other way around?

You think I'd risk my career, my freedom, and my reputation just so I

more books?

Maybe you didn't think your reputation would suffer. It certainly didn't after

the first time you did something like this.

Objection. Sane.

Major Taney, did you receive authorization from your senior before

fire on Barkley Cale?

No, but... And were you ever specifically asked by civilian deputies

scene to provide any assistance whatsoever?

No, but again... Were you aware of the regulations prohibiting personnel in the

U .S. Armed Forces from participating in civilian law enforcement action on U

.S. soil without authorization from the highest level of the chain of command?

Yes, ma 'am.

And finally, Major, at the time you made the decision to use your helicopter's

20mm cannon to take out Barkley Kale, was there any doubt in your mind that

were indeed hovering over U .S. territory?

No, ma 'am.

I knew exactly where I was.

I have nothing further, Your Honor.

Major Toney, you insisted on taking the stand today in your own defense.

Why? I wanted to make it clear I'm not ashamed of what I've done, any of it.

I gave that manuscript to the PAO as a courtesy.

Does that sound to you like I thought I was doing anything wrong?

Did you attempt to seek approval from your media chain of command before

action in this incident?

Yes, sir.

Did you ever receive direct instructions from Sheriff Driscoll to leave the

scene and stay out of the matter? No, Commander.

So acting upon what you could see on the ground.

You decide to take action in this incident knowing full well what the

consequences might be.

Yes, sir.

Have you ever done anything like this before, Major?

Yes, sir.

In Desert Storm, I was the first on the scene of a downed F -14.

Now the Super Cobra only has seats for the two pilots, but I could see the

Iraqis approaching.

So I loaded the injured pilot into my seat, and I rode back to base on a

starboard skid while my co -pilot manned the controls.

Could you have received command approval?

for an action like this.

No, sir.

But when I got back to base, saved that pilot's life, the only thing my

commanders talked about was what awards I should be recommended for.

And do you believe you should be awarded a medal for shooting Barkley Kale,

Major?

I didn't shoot that man to win an award, sir.

I wanted to have something to write about.

I shot him because I believed it was the only way I could prevent him from

killing people.

Thank you, Major.

Nothing further.

I guess I owe you an apology, Dad.

I didn't mean for the questioning to get so personal in there.

Religion is personal, Sturgis.

You can't discuss it dispassionately.

All you've been through, you still trust in people.

You still believe Commander Bentley is sincere.

People have a way of letting you down.

Is this about a woman, Sturgis? That congresswoman Latham, maybe?

She loved politics more than she loved me. That is ancient history.

It's in my nature to try to do my best. My friends, my co -workers.

Try this one, Dad.

Your son, the son of a man who joined the Navy back when we were called

Negroes, a man who tolerated all that bigotry because he wanted to serve his

country, that man's son is facing a complaint of racial bias.

You're embarrassed by your favorite son yet, Dad. I was accused of being racist

against Koreans.

Is it true?

I don't know.

Then it's not about your co -workers. It's about you.

I'm so far away from what I wanted to be in my life, I don't even recognize

myself, Dad.

We're all sinners, son.

All imperfect.

You gotta accept that and let it pass.

You gotta learn how to bend before you break.

The term posse comitatus means force of the country. And for 125 years, we have

kept the military out of local law enforcement.

There are no soldiers or tanks patrolling our streets.

No troops enforcing laws at the whims of their commanders.

And that's what separates us from the banana republics of the world, Your

The law is subject to numerous exceptions, is it not, Colonel?

Only in very narrow instances, Your Honor. In this case, there were no

orders expressly forbidding Major Tunney from doing what he did.

But Major Tunney is presumed to know the law, and that law makes it illegal for

a Marine major with an attack helicopter to become a vigilante.

Objection, pejorative.

Sustained. Is there any proof Major Tunney acted out of any motive other

save lives, including his own and that of his co -pilot?

No such proof, Your Honor. Only a strong suspicion that the Major wanted to add

a chapter to his memoirs.

After 9 -11, state governors had to call the National Guard in to patrol

airports because to give that job to regular Army troops would have been

illegal.

The law is worse than obsolete, Your Honor. It's a danger to national

Objection. We can't ignore laws simply because they're old.

The Colonel is right.

Commander, you're making a good argument for repealing the law.

But until I'm elected to Congress, what am I to do?

Narrowly construe the statute, Your Honor. Rule that merely returning fire

not violate the law.

We are in recess until tomorrow at 0900.

Commander Bentley.

The skeptic inside of me says that you wish to avoid being sent to Iraq.

The problem is, I'm not sure that I'm right.

And I sure can't prove that you're wrong.

So I am going to recommend to the convening authority that your request

conscientious objector status and separation from the Naval Reserves be

approved.

God bless you, Lieutenant.

On a related matter, Commander, if I understand correctly, you wish to be

removed from any connection to the military, no matter how indirect.

That's correct, Lieutenant.

In that case, I am separately recommending that you, as a provider, be

from the military health plan.

Removed? As soon as possible. You should inform your military patients that

their insurance will no longer cover your services.

But I will lose my entire practice.

Commander, he can't do that, can he?

I'll certainly appeal on your behalf, Doctor, but I think the lieutenant's

recommendation will be favorably received.

But... It seems quite consistent with your belief, Dr. Bentley.

Commander, you asked for separation.

So if you would, sir, please separate yourself.

That will be all.

Lieutenant, I will go bankrupt.

Sometimes faith carries a heavy price.

I have to admit that for a while there, I thought he might be for real.

Never put your faith in people, Lieutenant.

You will always be disappointed.

It is becoming increasingly difficult to distinguish between an act of terrorism

worthy of a military response and a criminal act better suited for police

jurisdiction.

While I have reservations about Major Tunney's behavior, I also remember our

government's first response to the attack on the World Trade Center was to

scramble F -16s over the East Coast.

What Major Tunney did cannot be considered a national security defense

countermeasure. But I do believe...

He acted in good faith to preserve the lives of U .S. citizens he saw taking

fire.

I do not find that reasonable grounds exist to charge Major Tunney with an

Article 92 violation.

Therefore, I recommend that no disciplinary action be taken.

The hearing is concluded.

Congratulations, Major.

Thanks, Commander.

Major, you certainly dodged a bullet today.

Yes, sir.

Unfortunately, the wing commander doesn't listen to Navy JAG lawyers.

You're being transferred TAD out of the squadron, pending a FNAB to evaluate

your flying status.

I guess he figures public perception of the Corps is more important than one

man's career.

Sure.

It's, uh... It's already done, Major.

Come see me in my office to receive your orders.

So was it worth it, Major?

Yes, ma 'am.

I'd do it again.