Original subtitles

[pilot 1] Two miles out. FLIR looks clear.

Drop zone is off the nose.

And so is the sun.

Nacelles coming back.

[pilot 2] Nacelles passing 45 degrees.

Air speed slowing through 120 knots.

Starting descent.

Let's go, Marines. Move! Move!

What do you think now, Congresswoman?

I think little boys never outgrow their toys.

Twenty feet at 15 knots.

Gusts picking up.

Let's get in and out.

[pilot 2] Ramp clear.

[pilot 1] Deploy jumpers, Sergeant.

Jumpers away!

-Move! -What's going on back there, Sergeant?

[man] Two to go, Major.

-Go! -[screaming]

[pilot 1] We hit the water!

[theme music playing]

[man] It's a stretch to even call it a mishap.

A corporal with a headache.

A sergeant with a sprained ankle.

Congressman with whiplash.

The National Security Subcommittee

wanted to observe a training exercise.

You ever try saying no to Congressman Latham?

Not when she's got mybudget in her hands.

The aircraft was kissed by a swell.

Then immediately powered up and got out of there

but it's an Osprey.

so it made the front page.

We're getting a bum rap, A.J.

A pilot would understand that. Commander, you flew F-14s.

-Yes, sir. -Then you're aware

of the checkered history of thataircraft.

Yeah. Eight of the first 11 crashed, Sir.

One shot itself down with its own Sparrow missile.

There are bugs to be ironed out, new systems to learn.

Does that mean it was defective or dangerous?

Any aircraft is potentially dangerous, Sir.

-Exactly. -Leonard, um... I think you'll find

that Colonel MacKenzie and Commander Rabb

are well aware of the Marines' stake in the Osprey program.

Don't worry. I will keep my nose out of your investigation.

-and I look forward to your report. -Yes, Sir.

Yes, Sir.

[Rabb] We've got 3,000 hours in 46s and 53s

-with no mishaps. -One Osprey's worth a squadron

of those old birds, Commander. I just wish we'd had them in Mogadishu and Sierra Leone.

Even though you, personally

have had two mishaps in the Osprey.

One was a gyro wired wrong.

-Never happened again. -And this time?

No excuses, Sir. I was a ham-fist.

Pretty damn embarrassing with the whole world watching.

No mechanical problems, no system failures?

Human failure, sir. Mine.

You fell below drop altitude.

I was trying to maintain ten to 15 feet for the helocast.

and the wind was gusting. Jumpers were a little slow getting out.

I just didn't see that big swell coming, Commander.

Yeah, you're damn lucky you didn't drop that bird

on some of those Marines treading water.

-Yes, Sir. -You're going to have

to appear before a Human Factors Board

possibly a FNAEB. You could be grounded.

I know, sir.

Major, a lot of people would blame your aircraft,

the ground crew, hell, their high school French teacher.

Not Marine pilots, Commander.

Tiner? You starting your own law library?

Uh, no, ma'am; just trolling for essay ideas

for my Intro to Admiralty Law class.

You wouldn't be trolling through the file

U.S. v. Ballard,the one that

Lieutenant Singer's been demanding ASAP?

-Sorry, ma'am. -Careful, Tiner.

There's a phrase that the admiral is very fond of using--

-"On your own time." -Yes, ma'am.

[Chegwidden] Tiner! In here yesterday.

Bring a pad of paper-- a thick one.

Aye, sir.

Go.

Great.

[man] Max Asher is the best pilot in the squadron, ma'am

but maintaining low altitude in gusty winds over water...

whether it's a helo or an Osprey, it's like...

standing on a bowling ball juggling a dozen eggs, blindfolded.

So you're saying it wasn't pilot error.

Pilot andcopilot error, ma'am.

It's my job to monitor distance above the water.

If the winds were gusting, why didn't Major Asher scrub the mission?

Conditions were Sea State Three within our capabilities.

Anything else affect pilot performance?

Glare from the sun but there frequently is

when it's low on the horizon.

Any mechanical failures?

-No, ma'am. -Hydraulics, avionics...

-Anything? -No excuses, ma'am.

We just put it in the water.

Ma'am, I hope no one knocks the airframe for our foul-up.

This isn't about the Osprey, Captain.

Respectfully, ma'am, it sure as hell is.

[man] Hope that Congressman's doing okay, Sir.

His neck's a little sore, but his mouth still works.

[chuckling] We need all the friends in Congress we can get, sir.

Don't worry about it, Sergeant. Congressman Fetzer's never met a weapons system he didn't like.

Well, what about that other one, the woman?

Was Major Asher's aircraft equipped

-with a flight data recorder? -Two of them, in fact, ma'am.

An engine diagnostic unit and a crash-survival memory unit.

The CSMU would have been overwritten.

Yes, sir, it's on a seven- and-a-half-minute loop.

Did you download performance data from the EDU?

No, sir, they outflew that box, too.

But they were only 30 minutes from New River.

Major Asher flew Corporal O'Dell to the Naval Hospital

at Portsmouth for a medical test.

What were his injuries?

Well, it turned out he was okay, sir.

-Hey. -Hi. I thought you were in court today.

I was. It's, uh... 1730.

-Oh, my gosh. -What you doing in here?

Oh, I couldn't concentrate out there.

Tiner's doing his Post-It Note inventory.

When does a conviction become final?

Well, it depends. Was there a general court-martial

where a discharge was awarded?

-Uh, sure. -Well, then

after the appellate review is either waived or completed

and the punitive discharge is executed. Why?

Senior Chief Litrell was convicted of stealing $3,000

from the commissary at Norfolk.

He spent two years in the brig

and he lost all of his retirement benefits.

Ooh. Pretty bad. Somebody you know?

No, the court-martial was in 1976

but doesn't that seem a little weird to you?

I mean, look at this guy's career.

Achievement Medal, Navy Comm.

He made Chief in less than 12 years.

So?

So, why'd he do it?

-For the money? -For $3,000?

He was going to make Master Chief in two months. He had no financial problems.

Why would he throw his career away for something so stupid?

What? You have to be a seaman recruit to do something stupid?

In '93 there was an Acting Secretary of the Army

who got caught shoplifting at a PX.

I happen to think that Senior Chief Litrell was innocent.

And what's your proof?

Well, for one, look at that.

-A member of the volunteer fire brigade? -Mm-hmm.

Well, that makes no sense.

Look, Harriet, you discovered a criminal

who has acted out of character.

Big surprise. What are you going to do?

Re-open up the case?

Come on, Harriet, you're no Erin Brockovich.

That didn't come out the way that I wanted it to.

Well, Lieutenant, I'm sure you'd like to have your office back.

-Harriet. -[Rabb] How'd you find out?

-It's supposed to be a secret? -In this office?

Tiner's in charge of security.

Gunny's in charge of planning.

I'll alert a bail bondsman.

Don't tell Mick.

Isn't a bachelor party kind of retro?

We're kind of retro.

Colonel, Commander, the admiral's waiting.

-Coming. -Uh-huh.

[knocks on door]

Enter.

-Sir. Congresswoman Latham. -Congresswoman.

-Colonel, Commander. -Congresswoman Latham is interested

in your investigation and not just because she got her feet wet.

You want to kill the Osprey.

Put it out of its misery.

Vice-President Cheney had the right idea

-two administrations ago. -And now you and your committee

-are going to try to do it. -The pilots admit error.

There's no evidence the Osprey failed in any respect.

The Marines want that aircraft so much

they might be... How should I put it?

Blind to the Osprey's defects.

[MacKenzie] Conditions were difficult.

I was there. It wasn't particularly hazardous.

Ma'am, Major Asher was flying into the sun.

-The wind was gusting. -Are you suggesting the Osprey

can only operate in the shade on a day without a breeze?

I play golf in tougher conditions.

Congresswoman Latham, I'm suggesting

that the aircraft be judged

by people who understand the fundamentals of flight.

What Commander Rabb meant, is that we are confident

Congresswoman Latham will be fair in judging all the evidence.

Good. Then you shouldn't have a problem turning over your files.

-No problem at all. -[Latham] Easier than I thought.

Congressman Fetzer's already asked for our files.

At the same time, he asked Colonel MacKenzie

to assist the committee.

[Unichimoski] The MV-22 Osprey combines the speed and range

of a fixed-wing cargo plane with the vertical lift of a helicopter.

It can do everything a CH-46 does and do it better.

Amphibious assault, combat search and rescue, medevac, special ops.

It flies higher, faster, and farther

than the 46 and carries three times the payload.

If we had the Osprey in Vietnam

there'd be fewer names on the wall.

If we had it 20 years ago

we could have rescued every hostage in Teheran

without refueling, no disaster in the desert.

General Unichimoski, the Osprey has managed to have

plenty of disasters right here.

That's an overstatement, Madam Chairman.

There have been four class-A mishaps.

"Mishaps" seems like such a euphemism for 30 fatalities.

Over ten years, ma'am.

Well, let's talk about this past year, General.

What caused last December's fatal crash?

The investigation's not complete

but it would appear as a hydraulics failure.

And the fatal crash last April in Arizona?

Human factors, ma'am. The pilot descended too rapidly and lost lift.

The same thing could have happened

in a conventional helicopter had the pilot made the same mistake.

I guess that explains the expression

"Aircraft manuals are written in blood."

I'm an aviator, ma'am. I've flown Sea Knights, Sea Stallions

just about every helo in Marine aviation

so I know from experience how well the Osprey stacks up against any of them.

Overall, General how would you characterize the Osprey's safety record?

Good, sir. Particularly for a new aircraft.

-Despite the crashes? -Military aviation will

never be risk-free, ma'am, no matter what the airframe.

Two months ago two Blackhawk helicopters collided in Hawaii.

Six soldiers were killed.

Last month a C-23 Sherpa

crashed in Georgia killing 21 National Guardsmen

and no one is suggesting grounding those aircraft.

Blackhawks and Sherpas are tried and proven.

-The Osprey isn't. -Never will be if it's not given the chance.

The investigation has cleared the aircraft

in the most recent mishap, as Colonel MacKenzie can attest.

The pilot signed a statement taking full responsibility.

Does he also assume responsibility for taking the long way home

overriding the engine diagnostics unit?

An injured marine needed assistance.

Did he?

[Slater] I usually have a client pegged inside of 15 minutes

but when I defended Senior Chief Litrell

I couldn't figure him out at all.

How do you mean, sir?

The prosecution's case was thin.

Some nearsighted mechanic

spots him leaving the commissary

at 3:00 a.m. from a distance in the dark.

[chuckles] I was a pretty green JAG lawyer

but I thought I could win that one.

All Senior Chief Litrell had to do was step up

and defend himself but he didn't.

Did he actually confess, I mean, to you?

Whoops. Looks like someone's forgotten

about attorney-client privilege.

I never did ask the reason for your interest in this case.

After reviewing the case file I came to the conclusion

that Senior Chief Litrell was completely innocent.

Completely innocent?

You're not wearing the mill rind.

You're not an attorney, are you?

No, sir. I work in office admin.

Well, thanks for the input.

Nothing like criticism from a secretary

to keep you on your toes.

I didn't mean to mislead you, sir.

I'm sure you didn't.

Mr. Slater, do you think he did it?

No.

Then why wouldn't he defend himself?

The only thing I could think of was

-he was protecting someone. -Who? Why?

He had boot camp buddy, Petty Officer Graff.

They were tight. Graff worked part-time at the commissary

and he had a juvenile record for burglary.

I looked it up. Litrell wouldn't let me go there.

The Senior Chief had an exemplary record.

It still doesn't make sense that he was convicted.

There was one other thing.

He was supposed to be honchoing delivery of supplies

to the amphib base that night but he never showed.

He refused to tell anyone where he was

even his attorney.

You still here? Bobby Latham doesn't like to be kept waiting.

Do you know who she's calling as an impartial weapons analyst?

-William Markey. -Whoa.

Mm-hmm. Naysayer of the FX fighter

slayer of the A-12. If he had his way

we'd still be arming our troops with crossbows.

-They'd come in under budget. -What kind of a person

becomes a civilian defense analyst, anyway?

The kind of guy who wants to make a name for himself by killing weapons.

-So how impartial is he? -He does his homework, Mac.

-Scores solid points. -So do I.

[Markey] The hydraulics are problematic,

there's a documented risk of vortex-ring state

and the tilt-rotor technology raises many unanswered questions.

In sum, Mr. Markey?

Given the high cost and the uncertainty over safety

the Osprey program should be deferred

in favor of updating the CH-46

for the Marine's medium-lift assault requirements.

Mr. Markey, do you know why

the aircraft is called the Osprey?

Uh, because Edsel was taken?

Because, like the bird

it has a spectacular ability to fly, to hover and to dive.

Well, there are a lot less expensive ways

to accomplish these things, but with proven technology.

Madam Chairman, I'm not sure I have the knowledge

to debate a GAO weapons analyst.

Since when did lack of expertise silence you, Harold?

So I've asked Colonel MacKenzie to inquire in my behalf.

Thank you.

The CH-46 dates from the Vietnam War, doesn't it, Mr. Markey?

-Yes, but it's reliable. -When it was new, it had numerous mishaps,

-didn't it? -Some.

-More than 40 in its first five years. -Yes.

And what about the UH-1 helo, the Huey?

About the same number.

In fact, Mr. Markey, aren't mishaps common with new aircraft?

Unfortunately, yes.

And that's been an accepted risk of new technology

for as long as there's been military aviation.

-[sighs] Yes. -So when the first B-17

and the first B-29 crashed, the programs weren't shut down.

-Boeing made improvements, correct? -Yes, but--

Enough for the planes to carry out thousands of bombing missions

over Germany and Japan and to help win World War II.

That was wartime, Colonel.

In peacetime, our society has much less tolerance for the loss of life.

When should we prepare for war, Mr. Markey?

I'm not sure I follow you.

if we wait for the shooting to start

won't it be too late?

-How did if feel, Gunny, really? -It hurt, Tiner, really.

Commander, you were shot once weren't you, sir?

-It hurts. -See?

-[soft laughter] -How's the planning going?

I think we should do something very special

-for Mr. Brumby, sir. -Like deport him?

What do they do in Australia when a bachelor takes a fall?

I don't know but I'm sure

mass quantities of alcohol are consumed.

Get him drunk and watch him box a kangaroo.

-[laughter] -I don't think Brumby would find that too humorous.

-He wouldn't find what too humorous? -Nothing.

There's a marine waiting in your office, ma'am.

Thank you, Tiner.

[laughter]

[MacKenzie clears throat]

-At ease, Corporal. -O'Dell, ma'am.

I was one of the jumpers on Major Asher's flight.

This morning I got a subpoena to testify

before Congresswoman Latham's committee.

O'Dell, you were one of the casualties.

I wouldn't call it a casualty, ma'am.

I just saw stars for a few seconds

when the plane hit the water.

My head smacked the bulkhead.

-You weren't injured? -Not really, ma'am.

But Major Asher insisted on flying me

to the naval hospital at Portsmouth.

He just wanted to be sure you were all right.

Well, ma'am, I told the major

I've been hit harder playing touch football.

You put the Inspector General's quarterly report

in the May tickler instead of April

causing the I.G. to call personally

asking where the hell it was.

You forgot to reserve

the conference room for our meeting

with the Czech delegation so we had to meet in the mess hall

They weren't crazy about that. Tater tot casserole?

I forget anything?

I, uh, confused the costume party

with Senator Hatch's reception, sir.

Let's not talk about the costume party, okay?

Let's talk about something important.

Something important enough, sir, for me to screw up

absolutely everything for this past week?

Sir, I ran across a file involving a Senior Chief Litrell.

He was convicted of stealing $3,000

from the commissary at Norfolk in 1976.

I don't think he did it, sir.

Lieutenant, your job

is not to second-guess a... Wha, 25-year-old court martial?

Your job is to make sure that everything

runs smoothly between this office and the Pentagon.

Starting right now you will dedicate 100% of your time

and effort to your job.

-Is that understood? -Yes, sir.

Good. Dismissed.

Aye, sir.

Lieutenant?

Sir?

Of course, if you want to pursue the inquiry

on your own time...

Thank you, sir.

[MacKenzie] Major Asher, you have the right to an attorney.

[Asher] I don't need to hide behind a mouthpiece, ma'am.

-No offense. -None taken.

You want to tell me about that wild goose chase to Portsmouth?

I had casualties on board, ma'am.

Any reason why Sergeant Grieco's sprained ankle

couldn't be treated in sickbay at New River?

I'm sure it could have been, ma'am.

Congressman Fetzer didn't even complain about his neck, did he?

I guess it started hurting the next day, ma'am.

Then why the detour to the hospital in Portsmouth?

Why not go to the nearest medical facility?

Corporal O'Dell had a possible concussion.

Portsmouth is better equipped for that.

I'm on your side, Major, but I got to have the truth.

You got it, Colonel

I put that bird in the water,

I hurt that marine.

They train us to treat head injuries seriously.

Corporal O'Dell says he wasn't injured.

He was trying to hang tough, ma'am. He was definitely woozy.

I thought it prudent for him to get a CAT scan.

According to the Corporal all he needed was a Candy Striper

-with a bottle of aspirin. -He's a good marine, ma'am,

but he's not a board-certified neurologist.

Let me ask you directly, Major. Did you fly to Portsmouth

out of concern for Corporal O'Dell

or because you wanted to override the E.D.U.?

Why would I do that, ma'am?

To erase data that might reveal a systems failure

to protect the Osprey program.

Is that Congresswoman Latham's going to say, ma'am?

She's going to say whatever it takes to kill the Osprey.

I just hope you haven't helped her.

The long tortured flight of the Osprey may be nearing its end.

Not only are there safety and reliability questions

but now there are questions of a possible cover-up of mishap data.

Congresswoman, what's the evidence of that?

A mishap occurred on a recent flight on which I was a passenger.

The pilot apparently went to great lengths

to make the flight data recorder unavailable to investigators.

Do you expect criminal charges?

My committee will subpoena the pilot to testify

though I wouldn't be surprised if he took the Fifth.

-It would surprise me. -There's no proof Major Asher

intentionally overwrote flight data.

Well, now that she's taken it to the press,

she's going to have to prove it.

Osprey can survive a mishap but tampering with data?

Assume that Major Asher did what she claims he did.

-What was his motive? -Save the Osprey.

Because he believes it's a valuable aircraft.

Sounds like a defense lawyer's closing arguments. Are you?

He wanted a lawyer with knowledge of aerodynamics.

[dog barking in distance]

[doorbell rings]

-Hi. Mr. Litrell? -Yes.

I'm Lieutenant JG Harriet Sims

and I was wondering if I could talk to you for just a second.

Uh-oh. Am I being drafted?

No, sir. I'm from JAG.

And if you don't mind, I'd like to talk to you

about what happened at Norfolk.

In or out, folks. A.C. is running.

Honey, this is Lieutenant Harriet Sims.

She's here to talk about Norfolk.

Well, where are your manners, David? Invite the Lieutenant in.

-Come in. -Thank you, sir.

[woman] We were just sitting down to lunch.

-Have you eaten? -I'm sorry. I could come back.

Oh, no, please. Honey, set another place.

I'll go put another burger on the grill.

You have a lovely home.

Thank you. When you're a Navy wife,

you learn to make do with a little.

I'll be right back.

You said you wanted to talk about Norfolk.

I assume you don't mean the Harbor Festival.

No, sir.

I recently came across your case file

and, um, I don't believe you took the money.

I'm afraid the judge believed differently, Lieutenant.

Well, sir, reading your file, it seems that you were a little less

than truthful about your whereabouts that evening.

I was never anything but truthful.

They asked if I stole the money, I said no.

They asked if I knew who stole the money, I said no.

They asked me about my whereabouts,

I said I couldn't say, and I couldn't, and I can't.

Major Slater, your attorney seems to think

you were protecting your friend, Petty Officer Graff.

[David] Slater's a moron.

Tom Graff didn't take that money.

He was a completely honest man.

I was planning on talking to him next.

You better keep that conversation

in the planning stages, Lieutenant.

Tom died 12 years ago.

[Litrell] We truly appreciate your concern

but you're talking about something that happened

when your bike had a banana seat.

It's over.

-Sir. -Have a seat, Major.

Report from the December Osprey mishap.

A hydraulic line in the left nacelle ruptured.

Pilot pressed the reset button

exactly the way he was supposed to.

Produced a software anomaly which sent the aircraft

into an uncontrollable pitch, roll and yaw.

-Software did that, sir? -The Marine Corps ordered a review of the entire system.

It's really piling up, isn't it, sir?

I'm sure if Congresswoman Latham's heard about it,

she's already making her stiletto even sharper.

-What do you suggest I do, sir? -Listen to them.

Don't try to outthink them. Yes, sirs, and no, sirs.

Don't be defensive.

You're not on trial.

Not yet.

Major I can ask for limited immunity before you testify.

That's the prudent thing to do.

And then it would look like I'm hiding something.

Without it, anything you say can be used against you

by the FNAEB or a court-martial.

They'd really try to ground me, sir?

It's up to you, Major. You want me to ask for immunity?

No, sir.

Major Asher, you've been given the oath

which means that any false statement

could be subject to criminal penalties.

My client is a Marine officer

and does not need to be told the meaning of an oath.

-Good. -Major Asher will fully and truthfully explain

the cause of the mishap and why he acted the way he did, ma'am.

Candor from the military, how refreshing.

Or he could simply make a statement to his commanding officer

and this committee could go about its primary business

of giving press conferences.

Perhaps the Major would like to make his statement

unimpeded by his counsel or the committee.

On March 17, I was aircraft commander of an NV-22 Osprey

on a demonstration helocast mission.

We had a crew of three, six jumpers,

and two Congress members as guests.

Other VIPs and news media were watching from a nearby Naval vessel.

[MacKenzie] And what happened, Major?

We converted from fixed-wing to vertical mode

about 20 miles offshore

and descended to between ten to 15 feet.

The jumpers started out the rear ramp.

All systems were operating properly

until the engine exhaust gas temp started going up.

-What would cause that, Major? -Ocean spray through the intake.

Salt coats the compressor blades

and reduces the airflow into the engines.

So your engine overheated?

No, ma'am. I powered down a bit

and the temp never redlined.

When you powered down, did it cause you to hit the water?

Not directly. Though we descended a few feet.

Why didn't you just pull up and get out of there?

There were only two jumpers to go by that time, ma'am.

I thought I could make it but the wind was kicking up an line of swells.

-We got kissed by one of them. -Kissed?

There was no damage to the aircraft

and the injuries were minimal, ma'am.

What were weather conditions, Major?

Clear. The wind was out of the west, about 20 knots.

Swells of about five feet.

And we were heading west as I recall

-into the setting sun. -That's correct, sir.

Just like landing, you always try to helocast into the wind.

Did the sun make it more difficult

to judge your distance from the water?

There was a glare, ma'am

and when the largest swell came at us...

I-I didn't see it in time.

But your engines didn't stall?

-No, sir. -Or suffer power loss?

None felt or indicated on instruments, sir.

You can't confirm that, can you, without the data

from the engine diagnostics unit?

-No, ma'am. -Major, did you take

the scenic route home in order to overwrite the EDU?

No, ma'am, in order to obtain

medical treatment for my crew.

Couldn't they have been adequately treated on your base?

Portsmith's a larger hospital, ma'am

and I chose to err on the side of caution.

That seems to be out of character for you, Major.

With all due respect, ma'am, that's uncalled-for.

I apologize, Commander. In fact, let me compliment your client.

I understand that he has a very distinguished record as a pilot.

His CEPs are routinely the best in his squadron, ma'am.

Yet he was able to control the Osprey during the maneuver.

[Rabb] Congresswoman Latham, he allowed

minimum contact with the water.

Even when he says there were no mechanical problems?

That's correct, ma'am.

The Osprey performed perfectly

yet the best pilot in the squadron

flew it into the Atlantic Ocean.

Which is it, Major? is the Osprey mechanically unreliable?

Or is it impossible to fly?

We have an aircraft capable of mythic feats and we're being nibbled to death

by the bean counters and the naysayers and the news media.

-Colonel, we're taking a beating over the Osprey hearings. -I'm aware of that, sir.

Congresswoman Latham has made Major Asher look deceptive.

The Congresswoman is good at playing to the press.

Sir, the Major is good at flying helicopters.

Today's editorial in the Times

calls for the court-martialing of Major Asher.

-For what, sir? -Obstruction of justice,

conduct unbecoming,

offending the tender sensibilities

of the editorial writer.

[MacKenzie] There's no evidence against him, General.

Only allegations.

Which gain credibility

with every news broadcast.

Winston Churchill said, "A lie travels around the world

while the truth is putting on its boots."

We need to put our boots on, Colonel.

Hot chocolate?

If you're here to give me grief about my little crusade, you can get in line.

Harriet, I take you seriously.

If it seems like I don't, I'm sorry.

Sometimes I get so wrapped up in work here

I forget about what's important.

Bud, I don't know why you should take me seriously.

Even the guy that I'm trying to help wants me to leave him alone.

I don't believe that.

Bud, I didn't join the Navy to push paper.

And lately, it just seems that's all I'm good for.

Harriet, listen to me.

I didn't marry a paper pusher.

I married a woman who lights up a room just by walking into it.

You're the only person I know that can talk to anybody on the entire planet

and make them feel good about themselves.

You shouldn't have to feel like this.

Petty Officer Thomas Graff?

Oh, uh, I figured you could use a hand

so I ran a search on your prime suspect.

But please don't get too excited.

It's bad news. Graff couldn't have anything to do with the theft.

He was training in radar countermeasures

that night at Damneck.

Sorry.

Got any cups?

Uh, uno momento.

Graff, Petty Officer Thomas

died March 6, 1989, myocardial infarction

leaving behind his loving wife of 27 years, Amanda.

[Latham] Sometimes the ends justify the means

but never when the ends are unjustified.

Reasonable people can differ

on whether saving the Osprey is justified or not.

Mac, I can't believe you're standing up

for a pilot who showed bad judgment, flew negligently

and intentionally destroyed evidence.

Or two out of those three.

I'm surprised you even noticed what position I was taking

when you were playing to the press gallery

-all day, Congresswoman. -And you?

Grandstanding for your Marine buddies.

"Did the sun make it more difficult?"

Do you know why I agree with my "Marine buddies" about the Osprey?

Group-think, Colonel. The scourge of the military.

Has it occurred to you that you might be wrong about this?

No. I think Major Asher lied about what caused the mishap.

-I don't believe that. -Mac, there's technology that can recover erased data

from the flight recorder.

If one of those engines so much as burped

I'll see to it that the Osprey never flies again.

[MacKenzie] So much more pleasant to work on one of these

when there hasn't been a fatal crash.

What are the chances you can restore the data?

That I don't know, Colonel.

They're still trying to recreate

the missing 18 and half minutes

on Nixon's Watergate tape.

But that's old technology.

Unscrambling iron oxide particles

on a magnetic medium.

So you have a better chance.

Well, with unlimited resources and unlimited time...

How about with what you have and a few hours?

Well, I'll see what I can do.

All right, the recording was compressed on a digital signal.

It was overwritten as it assigned a different address on the disk.

My job is to recreate the original sequence.

So, are you on the team rooting I can or hoping I can't?

-Oh, there. -[screeching]

Damn, if this were an EKG, the patient would be brain-dead.

Or maybe not.

Is that it?

Well, there is something.

[MacKenzie] What is it?

Colonel, you'll be one of the first to know.

But now, if you'll please excuse me.

[Sims] Mr. Litrell?

Lieutenant Sims.

Know much about transmissions?

-I know where you were, sir. -Excuse me?

The night of the robbery. I know where you were.

I spent two years in prison.

Then I made a new life and put it behind me. Why can't you?

Because you spent two years in prison

for something you didn't do.

It's not your business.

You couldn't have stolen the money, sir.

You were with your wife that night

only she wasn't your wife then.

She was the wife of your best friend, Amanda Graff.

Her husband was out of town and that's why you didn't report for your scheduled duty.

What do you want?

It's not what I want, sir.

You need to come forward.

-No. -[Amanda] David.

Maybe it's time.

It'll never be time.

You can clear your name, honey.

Amanda, we had an agreement.

For Tom.

I'll be right in.

Thank you for your concern, Lieutenant.

If this could stay between us?

Tom Graff is gone. This can't hurt him.

And your country owes you 25 years of back pay.

Lieutenant, you don't understand.

I'm not keeping a secret to protect Tom.

He's not the one who had the affair.

Amanda did.

I won't have people thinking of her like that.

[indistinct chatter]

-Not too late, am I? -Commander, you missed the flight

-but you can watch the playback. -We've loaded the simulator with all the data, sir,

wind, payload, salt water intake.

[Asher] Of course, in the simulator, I knew it was coming.

[Rabb] Yeah, well, you're still ten feet above the water.

Doesn't leave you a lot of time to react, Major.

[Asher] That might be the first kind word

a fighter jock's ever had for a helo pilot.

I'm sure a few said "thank you" when you fished them out of the water.

They always said to me, "What took you so long?"

Okay, here's where the engine temps started rising.

I powered down a bit.

Descended below ten feet.

Here comes a big swell, powering up.

-You avoided it. -Well, like I said, Commander,

I knew it was coming. And the computer's not simulating

-the glare from the sun. -I remember once, in Capodichino,

on final approach, I had to turn into the setting sun.

Didn't see a transmission line,

severed it with my landing gear.

Knocked out power to half of Naples,

damn near burned down the NATO Officer's Club.

You're just trying to make me feel better.

Yeah.

Major, you knew the prevailing winds.

Why'd they fly you into the setting sun, anyway?

Major?

We didn't have a choice, Commander.

-Tiner, where is... -Good morning, Admiral, here are your notes

on the meeting with the joint chiefs and I've scheduled interviews

with the top five yeoman candidates

for Thursday afternoon and Friday morning.

The cleaners put a rush on your dress whites.

They'll be ready at 1330.

-Don't lose the ticket. Sir. -Lieutenant.

-Yes, Sir? -Whatever happened about the Litrell case?

It was a dead-end, sir. I guess I was wrong.

I'm sorry to hear that. But taking the initiative like you did,

it was good to see.

Thank you, sir.

Maybe next time I'll get it right.

[woman] I effected the data recovery

with harmonic magneto-resistive microscopy.

-[Latham] Meaning? -[woman] High-resolution sensors map the magnetic fields

which allowed me to rebuild the original erased signals.

So you were able to reconstruct the engine performance data.

-Among other things, yes. -And what did you find, Ms. Bellotti?

There were no engine anomalies

other than a slight rise in exhaust gas temperatures.

Not even a burp, or a small loss of power

-right before impact with the water? -No, ma'am.

All systems were operating within normal parameters.

I assume you have some questions?

I don't think any are necessary, Madame Chairman.

It would seem Major Asher told the truth.

He flew his aircraft into a rising swell.

The Osprey can't be blamed.

I think the data merely answered the question I posed yesterday, Colonel.

The Osprey may not have been defective in this case

but if Major Asher, the best pilot in the squadron

can't handle this plane, then who can?

Thank you, Ms. Bellotti.

Perhaps Major Asher can speak to that, Madame Chairman.

He's already had his say.

Do I hear a motion to call to question on continued funding?

Well, I'd like to hear all relevant testimony before I vote.

Very well, Major has a briefstatement.

You're still under oath, Major.

I'm well aware of that, ma'am.

I want you all to know that the aircraft I was flying

hit the water because I let it go too low

and I didn't see a swell coming.

We've heard this all before, Commander.

Major, why didn't you see the swell coming?

Drop zone is off the nose.

So's the sun.

It was a sunny day, old news.

Major, would you ordinarily have scheduled a mission to fly into the setting sun?

No, Sir, we go out of our way to avoid it.

[Rabb] And why didn't you this time?

[Asher] We were late taking off.

And why was that?

Because Congresswoman Latham

was two hours late getting to the base.

So, now it's my fault. Without me, you would have taken off earlier?

No, ma'am, the mission was scheduled for your orientation.

Without you, there would have been no point in taking off.

Well, you could have explained the situation, Major.

What would you have said then, ma'am?

That the Osprey can only fly in the shade?

That people play golf in tougher conditions?

-Well, if it's true... -[Rabb] Ma'am, when Marines

schedule a mission, even during combat

they get to decide what time they go in,

because the enemy doesn't demand a dog and pony show

to suit the convenience of politicians and the media.

Commander, I thought your client accepted responsibility for this mishap.

Well, there's plenty to go around, ma'am.

Major Asher was in a challenging situation

hovering ten feet above the water

looking directly into the sun

trying to accomplish his mission

and get out of there as fast as he could.

[Fetzer] But he was delayed.

By me.

I was excited to be there.

What do you think now, Congresswoman?

-I think little boys never outgrow their toys. -[laughs]

Drop zone clear.

Jumpers, away!

Sergeant, how about a shot with me and the boys?

Hold! Sir, you shouldn't be out of your harness!

Come on, Sarge, just one.

Trying to get a photo for your campaign brochure, Harold?

Sir, sit down!

What's the harm?

Two to go, Major. Go!

[screaming]

I will not shirk my responsibility in the mishap, Major.

-If I hadn't delayed you... -So now he's responsible.

Commander, is there anyone else you'd like to blame?

Yes, ma'am, the critics

for demanding that military hardware, even the newest

perform flawlessly with zero tolerance for error.

The media for its sensationalism,

exaggerating every mishap to the dimension of tragedy

and Congress, ma'am, for not listening

to those who know this aircraft best: the people who fly it.

You want to kill the Osprey program to save their lives.

They're telling you that they're willing to risk their lives

because they believe that this aircraft

is important to the defense of our country.

I believe Congresswoman Latham wanted to call the question.

Is that still that case?

Unless our chair wishes to hear more testimony?

That won't be necessary.

Those in favor of continued funding for the MV-22,

please signify with a showing of hands.

Looks like the Osprey lives for another day.

Major, I want to wish you luck and godspeed

and if you ever invite me for another ride... I'll be on time.

Yes, ma'am, and if you give it the opportunity,

so will the Osprey.

This hearing is adjourned.

[closing theme music playing]