1 00:00:02,260 --> 00:00:05,800 Captain, you're departing from the mission plan, sir. I know what we're 2 00:00:05,880 --> 00:00:09,640 Gunny. I saw the intel report, Captain. If your plan is to intercept Colonel 3 00:00:09,640 --> 00:00:12,100 McConaughey here... Objection noticed, Gunnery Sergeant. 4 00:00:13,420 --> 00:00:15,980 150 meters from the bus. Nose to the west. 5 00:01:02,920 --> 00:01:07,060 Elvespore. Request immediate suppressive fire. LZ Alpha 2. Request emergency 6 00:01:07,060 --> 00:01:08,340 medevac. I've got casualties. 7 00:02:03,280 --> 00:02:07,960 The White House still has no comment on Friday's events in Sierra Leone when six 8 00:02:07,960 --> 00:02:10,039 U .S. Marines were killed in an ambush. 9 00:02:10,500 --> 00:02:15,380 The attack was orchestrated by the rebel warlord Colonel Muhammad Makhani, who's 10 00:02:15,380 --> 00:02:17,100 been waging a brutal civil war. 11 00:02:17,380 --> 00:02:21,660 The bodies of the dead men have been recovered, except for the helicopter 12 00:02:31,550 --> 00:02:33,510 William Shepard led the failed attack. 13 00:02:34,590 --> 00:02:37,230 He's been charged with exceeding his orders. 14 00:02:37,790 --> 00:02:38,790 How, sir? 15 00:02:39,290 --> 00:02:40,330 Have a seat. 16 00:02:42,750 --> 00:02:46,510 The captain split off and went in pursuit of Colonel McConaughey. 17 00:02:46,830 --> 00:02:48,210 He thought he could ambush him. 18 00:02:48,670 --> 00:02:50,810 But the rebels turned the tables. 19 00:02:51,510 --> 00:02:54,470 Do we know the reason the captain deviated from the mission plan, sir? 20 00:02:54,690 --> 00:02:58,930 No. And his division commander wants us to find out why. 21 00:03:01,989 --> 00:03:04,670 Colonel, I want you to handle this matter. 22 00:03:05,230 --> 00:03:09,850 Commander, I'm giving you the Captain Frutt case, the Mystic Disturbance 23 00:03:09,850 --> 00:03:10,850 Quantico. 24 00:03:11,390 --> 00:03:18,110 Admiral... Commander, um... Well, there's no easy way to say this. 25 00:03:19,230 --> 00:03:26,210 You've had a recent run of bad luck, and maybe it's time to take... Take a 26 00:03:26,210 --> 00:03:26,909 little break. 27 00:03:26,910 --> 00:03:29,790 Sir, if you're referring to my last few cases... 28 00:03:30,560 --> 00:03:32,020 They were hardly winnable. 29 00:03:32,580 --> 00:03:35,140 I don't think I need a break, sir. 30 00:03:35,800 --> 00:03:39,460 Look, if we're expecting any trouble from Washington over this, I am not 31 00:03:39,460 --> 00:03:43,920 influence on the Hill, sir. That Marine was an aviator, Admiral. 32 00:03:44,140 --> 00:03:45,840 That Marine was a Marine. 33 00:03:47,880 --> 00:03:50,900 No offense, Colonel. I thought you might enjoy a little time in Quantico. 34 00:03:51,240 --> 00:03:53,640 As an aviator, I thought you might enjoy some fresh air. 35 00:03:53,880 --> 00:03:58,480 You know, Colonel, I hate to say this, but he may be right. We may need his 36 00:03:58,480 --> 00:03:59,540 friends in Washington. 37 00:04:00,780 --> 00:04:02,620 That would leave you with a front case. 38 00:04:04,800 --> 00:04:06,180 What is it, sir? 39 00:04:07,300 --> 00:04:08,300 Peeping Tom. 40 00:04:13,180 --> 00:04:17,820 Colonel Plesko is the commanding officer of the Marine Expeditionary Unit. You 41 00:04:17,820 --> 00:04:19,300 were Captain Shepard's commanding officer. 42 00:04:20,480 --> 00:04:22,000 What is your opinion of the captain? 43 00:04:23,660 --> 00:04:26,940 Captain Shepard's an MCP officer. Came up through the ranks. 44 00:04:27,540 --> 00:04:31,460 Seasoned. Maybe a bit cocky, but he's seen his share of action. 45 00:04:31,740 --> 00:04:32,820 He's a good company commander. 46 00:04:33,360 --> 00:04:35,360 Did Captain Shepard exceed orders, Colonel? 47 00:04:35,900 --> 00:04:39,360 The Marine Expeditionary Unit is there to support UN peacekeepers and protect 48 00:04:39,360 --> 00:04:41,540 convoys. Is that a yes, sir? 49 00:04:41,940 --> 00:04:43,440 The captain made a bad choice. 50 00:04:44,140 --> 00:04:45,500 His helo took ground fire. 51 00:04:45,940 --> 00:04:47,940 That's no excuse for leading men into an ambush. 52 00:04:48,620 --> 00:04:50,960 It does what he did rise to the level of court -martial. 53 00:04:52,180 --> 00:04:55,820 I'm not the convening authority, but in my opinion, the answer is no. 54 00:04:56,220 --> 00:04:57,800 Six men died, Colonel. 55 00:04:58,110 --> 00:04:59,550 It's called the fog of war, Commander. 56 00:05:00,770 --> 00:05:03,450 To distinguish flying crosses, you of all people should understand. 57 00:05:04,150 --> 00:05:07,170 You get shot at. Your instincts are to shoot back. 58 00:05:08,130 --> 00:05:11,930 I can't excuse what the captain did, but I can understand it. 59 00:05:12,730 --> 00:05:14,810 I tried to warn Captain Shepard, sir. 60 00:05:15,570 --> 00:05:16,650 What did you say to him? 61 00:05:17,670 --> 00:05:19,570 I reminded him of our mission, sir. 62 00:05:19,990 --> 00:05:24,310 Our op orders were to stay with the U .N. relief convoy. We were to engage 63 00:05:24,310 --> 00:05:25,810 Colonel McConaughey and his rebels. 64 00:05:26,350 --> 00:05:28,130 Only if we thought they posed a real threat. 65 00:05:28,370 --> 00:05:29,510 That wasn't the case. 66 00:05:31,190 --> 00:05:35,590 We did take fire from Colonel McConaughey and the rebels, sir. Do you 67 00:05:35,590 --> 00:05:38,610 Captain Shepard exceeded his orders when he went after Colonel McConaughey? 68 00:05:40,970 --> 00:05:42,510 That's not for me to say, sir. 69 00:05:42,810 --> 00:05:44,890 Has Captain Shepard exceeded orders before? 70 00:05:46,530 --> 00:05:49,650 Twice this month, sir, the same thing happened. 71 00:05:50,240 --> 00:05:54,280 We were following a convoy. We broke off to pursue Colonel McConaughey and the 72 00:05:54,280 --> 00:05:56,100 rebels. But this was a pattern. 73 00:05:56,660 --> 00:06:02,060 Sir, every day we fly in there and the rebels pop off their AKs. Now, sooner or 74 00:06:02,060 --> 00:06:05,040 later, somebody was going to get killed because we have to wait till we're in 75 00:06:05,040 --> 00:06:07,200 some rebels' crosshairs before we could respond. 76 00:06:09,280 --> 00:06:11,400 Colonel McConaughey was the problem, sir. 77 00:06:12,140 --> 00:06:13,240 Everybody knew that. 78 00:06:14,660 --> 00:06:17,480 You're telling me this is the peeping Tom, Captain Fret? 79 00:06:17,870 --> 00:06:21,330 Yes, ma 'am, Captain Frett. As in forward, remote on -man tracking and 80 00:06:21,330 --> 00:06:24,590 transmission. Now, we didn't realize that the unit was UA until we'd gotten a 81 00:06:24,590 --> 00:06:26,510 call that someone had taken it for a joyride. 82 00:06:26,730 --> 00:06:30,490 A woman caught the unit surveilling her 17 -year -old daughter Saturday night. 83 00:06:30,870 --> 00:06:31,870 Surveilling? 84 00:06:32,270 --> 00:06:33,270 Observe. 85 00:06:35,590 --> 00:06:39,050 Now, the signal can transmit to any receiver if you know what you're doing. 86 00:06:39,650 --> 00:06:40,650 Uh -huh. 87 00:06:40,810 --> 00:06:44,510 Look at that. I think he likes it. Yeah, I can see that. Can a good captain 88 00:06:44,510 --> 00:06:46,210 stand down now, please? Sure. Sorry. 89 00:06:49,919 --> 00:06:52,760 How was the captain apprehended? 90 00:06:53,080 --> 00:06:56,120 Well, the mother of the 17 -year -old got in a lucky shot with a broom. 91 00:06:57,380 --> 00:06:59,540 Let's hope our enemies don't have the same technology. 92 00:06:59,980 --> 00:07:00,980 Look out! 93 00:07:03,840 --> 00:07:05,020 Sorry, ma 'am. Sir? 94 00:07:05,660 --> 00:07:07,600 We're still trying to work out the bugs on that one. 95 00:07:08,920 --> 00:07:12,260 Oh, sir. Captain Shepard's here. He's up in the conference room waiting for you. 96 00:07:12,380 --> 00:07:13,339 Okay. 97 00:07:13,340 --> 00:07:14,580 FYI and his OQR. 98 00:07:15,260 --> 00:07:18,800 Captain served in the Gulf as a corporal in a recon unit. Later, he did 99 00:07:18,800 --> 00:07:21,360 peacekeeping in Somalia and the Balkans. 100 00:07:21,720 --> 00:07:25,800 Last month, he was sent to Sierra Leone. Now, I spoke to some of his former COs, 101 00:07:25,800 --> 00:07:29,120 and they said that he's a fine officer, but that he is prone to showing 102 00:07:29,120 --> 00:07:30,180 excessive initiative. 103 00:07:30,760 --> 00:07:32,540 How can initiative be excessive? 104 00:07:32,820 --> 00:07:36,380 During the Gulf War, then -Corporal Shepard decided to attack a column of 105 00:07:36,380 --> 00:07:37,860 Republican guards, and get this. 106 00:07:38,580 --> 00:07:42,000 He walks up to their tanks, and in one hand, he has a bullhorn, and in the 107 00:07:42,000 --> 00:07:43,000 other, he has a M16. 108 00:07:43,530 --> 00:07:46,730 Then he orders the Iraqis to surrender. They jump out of their turrets and run. 109 00:07:46,890 --> 00:07:49,190 He calls in a strike, destroying all their tanks. 110 00:07:49,730 --> 00:07:51,530 Sounds like a cowboy to me, sir. 111 00:07:52,190 --> 00:07:53,190 Afternoon, sirs. 112 00:07:53,390 --> 00:07:56,830 I found something this weekend, Commander. It may be of use to you, sir. 113 00:07:57,890 --> 00:08:00,750 Really? Well, I know the last few cases haven't quite gone your way. 114 00:08:01,050 --> 00:08:04,050 Well, sir, we all have times of trouble when we need a helping hand. 115 00:08:05,310 --> 00:08:06,890 It's the song, isn't it? 116 00:08:07,450 --> 00:08:08,450 Here, sir. 117 00:08:08,510 --> 00:08:09,530 I want you to have this. 118 00:08:10,510 --> 00:08:11,510 It's, uh... 119 00:08:11,770 --> 00:08:13,370 Pretty Velcroed for your dash, sir. 120 00:08:14,090 --> 00:08:15,090 What is it? 121 00:08:15,230 --> 00:08:17,030 Saint Ivo of Cremartin, sir. 122 00:08:17,610 --> 00:08:18,870 Patron Saint of lawyers. 123 00:08:19,910 --> 00:08:20,910 What? 124 00:08:21,270 --> 00:08:26,530 Sometimes, Commander, even the best lawyer has to make that higher appeal, 125 00:08:28,970 --> 00:08:29,970 Thanks, Doctor. 126 00:08:30,070 --> 00:08:31,049 You're welcome, sir. 127 00:08:31,050 --> 00:08:32,990 Oh, you have a visitor, Commander. 128 00:08:35,750 --> 00:08:36,750 That'll be all. 129 00:08:36,789 --> 00:08:37,789 Aye, sir. 130 00:08:40,590 --> 00:08:41,590 Be on to this. 131 00:08:42,510 --> 00:08:46,010 So, Captain Shepard, I'll be with him in a few minutes, all right? Aye, aye, 132 00:08:46,010 --> 00:08:47,010 sir. 133 00:08:49,370 --> 00:08:50,550 Make yourself at home. 134 00:08:50,910 --> 00:08:55,010 Well, I used to be on the Appropriations Committee. It's a tough habit to break. 135 00:08:55,570 --> 00:08:58,910 I actually came to steal you for a little event tomorrow night. 136 00:08:59,150 --> 00:09:02,710 I am not registering voters at the DMV, if that's what you're asking. 137 00:09:03,250 --> 00:09:05,270 No party at the Willard. 138 00:09:05,610 --> 00:09:08,230 A defense contractor is unveiling a new missile. 139 00:09:08,650 --> 00:09:09,650 You're kidding. 140 00:09:10,270 --> 00:09:11,330 Please don't make me beg. 141 00:09:12,170 --> 00:09:13,170 Oh, I'll be there. 142 00:09:13,230 --> 00:09:14,230 Good. It's a date. 143 00:09:14,650 --> 00:09:17,170 Oh, say, listen, I've got a friend who needs an escort. 144 00:09:17,690 --> 00:09:18,870 Can you help me out? 145 00:09:19,530 --> 00:09:20,970 Yeah, I think I know just the guy. 146 00:09:21,210 --> 00:09:24,470 So far, the Pentagon's requests for the body of Captain Sauter have gone 147 00:09:24,470 --> 00:09:28,730 unheeded. This morning, Janet Sauter, the mother of the slain helicopter 148 00:09:28,890 --> 00:09:30,930 made a plea to Colonel McConaughey. 149 00:09:31,530 --> 00:09:35,170 All I'm asking is that my son's body be returned to me so that I can give him a 150 00:09:35,170 --> 00:09:36,170 proper burial. 151 00:09:36,670 --> 00:09:38,070 This whole thing's going to blow up. 152 00:09:38,830 --> 00:09:42,810 That's what happens when they desecrate the body of the U .S. serviceman on live 153 00:09:42,810 --> 00:09:43,810 TV. 154 00:09:44,230 --> 00:09:45,730 Are you handling the investigation? 155 00:09:46,730 --> 00:09:51,090 Come on, Bobby, you know I am. It's your committee that's overseeing the entire 156 00:09:51,090 --> 00:09:52,090 peacekeeping operation. 157 00:09:52,750 --> 00:09:54,350 Don't try to oversee me. 158 00:09:54,670 --> 00:09:59,070 Listen, I wouldn't even try to tell you how to arrange your socks, but let me 159 00:09:59,070 --> 00:10:00,070 tell you this. 160 00:10:00,370 --> 00:10:03,730 Some of us who believe that we need to be in Sierra Leone are worried. 161 00:10:04,140 --> 00:10:04,959 About what? 162 00:10:04,960 --> 00:10:06,740 About Captain Shepard, what he did. 163 00:10:07,000 --> 00:10:10,420 Colonel Klesko's already been recalled for Q andA on the Hill. The Congress may 164 00:10:10,420 --> 00:10:11,780 pull the plug on the whole operation. 165 00:10:12,160 --> 00:10:15,120 Maybe we shouldn't have been there in the first place, Bobby. I'm sure a lot 166 00:10:15,120 --> 00:10:18,540 people are wondering why we're peacekeeping in Africa when our own 167 00:10:18,540 --> 00:10:19,239 under attack. 168 00:10:19,240 --> 00:10:22,960 If we pull back from our responsibilities in the world harm, then 169 00:10:22,960 --> 00:10:23,960 win. 170 00:10:24,340 --> 00:10:26,820 Don't tell me you're going to excuse what Captain Shepard did. 171 00:10:27,120 --> 00:10:30,900 Hey, if Captain Shepard is guilty, I'll be the first in line to prosecute. 172 00:10:32,000 --> 00:10:33,000 See you tomorrow night. 173 00:10:33,340 --> 00:10:34,340 I'll be there. 174 00:10:34,980 --> 00:10:37,400 We were flying over the relief convoy that night. 175 00:10:37,660 --> 00:10:39,380 That's before everything went to hell. 176 00:10:39,740 --> 00:10:44,260 We saw the rebels. They were in technicals, pickups with 50 cows, and 177 00:10:44,260 --> 00:10:45,260 hitting the convoy. 178 00:10:46,080 --> 00:10:47,660 Was Colonel Connie with the rebels? 179 00:10:47,960 --> 00:10:48,960 Yes, sir. 180 00:10:49,500 --> 00:10:50,960 So you responded? 181 00:10:51,280 --> 00:10:52,520 We fired over their heads. 182 00:10:52,720 --> 00:10:53,800 They began to run. 183 00:10:54,120 --> 00:10:57,020 That's when one of them took a pot shot, so I decided to go after them. 184 00:10:57,540 --> 00:10:58,940 Did they continue firing? 185 00:10:59,260 --> 00:11:00,740 They continued to run, sir. 186 00:11:03,600 --> 00:11:06,080 Sounds to me, Captain, like you were looking to start something. 187 00:11:07,160 --> 00:11:08,940 That would be your opinion, sir. 188 00:11:09,580 --> 00:11:12,140 The rules of engagement were quite clear. 189 00:11:12,760 --> 00:11:17,560 You could employ deadly force only in the event of a hostile act or hostile 190 00:11:17,560 --> 00:11:18,560 intent. 191 00:11:19,000 --> 00:11:20,160 We took fire. 192 00:11:20,760 --> 00:11:23,820 A bullet came right through the helo. I considered that hostile. 193 00:11:24,080 --> 00:11:28,640 One pot shot does not justify a full -out counterattack, Captain. 194 00:11:29,180 --> 00:11:32,500 Six men are dead as a direct result of a decision you made. 195 00:11:32,860 --> 00:11:34,400 Six of my men, sir. 196 00:11:36,920 --> 00:11:39,320 Are you aware of the kind of trouble you're in, Captain? 197 00:11:39,700 --> 00:11:41,500 I did what I was asked to do. 198 00:11:41,980 --> 00:11:44,600 My men put up a hell of a fight, sir. 199 00:11:44,960 --> 00:11:47,000 Your orders were clear, Captain. 200 00:11:47,760 --> 00:11:51,200 You were to safeguard the relief convoy no more. 201 00:11:51,440 --> 00:11:58,420 My orders... Those weren't my 202 00:11:58,420 --> 00:11:59,420 only orders, sir. 203 00:12:11,600 --> 00:12:14,240 Are you telling me that Colonel Klesko ordered you to go after Colonel 204 00:12:14,240 --> 00:12:16,600 McConaughey? I'm saying he suggested it, sir. 205 00:12:17,040 --> 00:12:19,100 How do you suggest an order, Captain? 206 00:12:20,480 --> 00:12:23,200 Last month, there was a briefing on our LHA, the Buckner Bay. 207 00:12:24,000 --> 00:12:26,200 That's our assault ship off the coast of Sierra Leone. 208 00:12:27,120 --> 00:12:29,700 On board, Colonel Klesko briefed us on our orders. 209 00:12:30,680 --> 00:12:31,780 Later, he called me aside. 210 00:12:32,220 --> 00:12:33,220 What did he say? 211 00:12:34,200 --> 00:12:37,640 Colonel Klesko said if you can get a clean shot of McConaughey within 212 00:12:37,640 --> 00:12:40,260 distance of the rules of engagement, go for it. 213 00:12:41,740 --> 00:12:45,140 The two prior missions that failed attempts to capture Makani? 214 00:12:45,520 --> 00:12:47,180 I was following orders, sir. 215 00:12:48,040 --> 00:12:51,280 He went in without armored support, Captain. You knew the risks? 216 00:12:52,120 --> 00:12:53,120 Yes. 217 00:12:53,740 --> 00:12:55,340 And I've had to live with the results. 218 00:12:57,320 --> 00:12:59,820 I was making cinnamon swirls when I saw it. 219 00:13:00,140 --> 00:13:06,280 That thing, hovering like some kind of a possessed insect right outside my 220 00:13:06,280 --> 00:13:10,800 little girl's window. Mom, what's the big deal? The big deal is your virtue. 221 00:13:11,400 --> 00:13:14,880 Well, my virtue could care less if some creep wants a picture for his wall. 222 00:13:16,300 --> 00:13:18,860 Vanessa, has anyone made any unwanted overtures recently? 223 00:13:19,180 --> 00:13:22,840 Guys make overtures all the time, especially at construction sites. 224 00:13:23,060 --> 00:13:25,560 I'll bet it's one of those pimply perverts from the video store. 225 00:13:26,120 --> 00:13:29,340 If only your daddy wasn't in the Indian Ocean. 226 00:13:29,600 --> 00:13:30,600 Mom. 227 00:13:32,380 --> 00:13:35,220 Any particular pimply pervert, Mrs. Dupre? 228 00:13:36,680 --> 00:13:39,500 What was the name of that boy that came over? 229 00:13:40,319 --> 00:13:43,280 that did the magic tricks where he was smelling the magazine. 230 00:13:43,680 --> 00:13:44,800 This is nice, Mom. 231 00:13:45,480 --> 00:13:47,720 Besides, he's visiting his aunt in Sioux City. 232 00:13:49,380 --> 00:13:50,740 Colonel, how far can that remote go? 233 00:13:51,380 --> 00:13:52,760 Sioux City's a bit of a stretch. 234 00:13:53,220 --> 00:13:55,180 Well, I want this sicko brought up on charges. 235 00:13:55,380 --> 00:13:58,600 I want you to find him, and when you do, I want you to throw the book at him. 236 00:13:59,220 --> 00:14:01,160 I will certainly see what I can do. 237 00:14:03,560 --> 00:14:06,860 Sir, I was at the bookstore yesterday, and if ever there was a book with your 238 00:14:06,860 --> 00:14:09,600 name all over it, it's this one. 239 00:14:10,240 --> 00:14:11,240 It's signed. 240 00:14:11,340 --> 00:14:12,460 Commander of the fleet. 241 00:14:12,760 --> 00:14:14,020 Oh, I got this one, too. 242 00:14:14,260 --> 00:14:15,260 On sale. 243 00:14:16,080 --> 00:14:18,240 Nine secrets of highly effective lawyers. 244 00:14:18,720 --> 00:14:21,940 Sir, I think you'll find the part about eye contact and voice projection really 245 00:14:21,940 --> 00:14:25,420 helpful. Is there something wrong with my vocal projection? 246 00:14:25,920 --> 00:14:27,960 No, sir. You have great timbre. 247 00:14:28,900 --> 00:14:30,560 The eyes, then? No. 248 00:14:31,100 --> 00:14:34,680 No, sir. You have very clear, sharp eyes. 249 00:14:35,720 --> 00:14:37,620 So it's the seven other secrets? 250 00:14:38,190 --> 00:14:41,770 No, sir. I just overheard some of the staff talking. You know, you've had a 251 00:14:41,770 --> 00:14:46,690 little bad luck in the courtroom lately, so I thought... On second thought, sir, 252 00:14:46,730 --> 00:14:49,590 you don't even need this. I'll just take it back. No, no, no. I'll find a use 253 00:14:49,590 --> 00:14:50,449 for it. 254 00:14:50,450 --> 00:14:53,330 Very thoughtful of you. Thank you. You're welcome, sir. 255 00:14:54,850 --> 00:14:55,850 Sir. 256 00:14:56,370 --> 00:14:57,189 Oh, hey. 257 00:14:57,190 --> 00:14:58,190 I have this book. 258 00:14:59,070 --> 00:15:02,130 Harriet gave it to me after I lost my first case. 259 00:15:03,350 --> 00:15:05,270 I pulled Colonel Klesko's record, sir. 260 00:15:05,690 --> 00:15:09,610 It's impeccable. He won the Navy Marine Corps Medal in Lebanon. His recon 261 00:15:09,610 --> 00:15:12,550 company spearheaded the rescue mission for the wounded Marines in the barracks 262 00:15:12,550 --> 00:15:15,690 bombings. And he personally helped set up a medical triage at the airport in 263 00:15:15,690 --> 00:15:18,890 Beirut and spent 72 hours without sleep helping the medevacs. 264 00:15:19,250 --> 00:15:24,610 So we've got a highly decorated war hero's ward versus a cowboy who appoints 265 00:15:24,610 --> 00:15:25,610 16th. Thanks. 266 00:15:26,830 --> 00:15:30,710 Captain's case looks kind of weak, sir. But I did find one thing out. Colonel 267 00:15:30,710 --> 00:15:33,790 Klusko was summoned to the National Security Subcommittee in a closed -door 268 00:15:33,790 --> 00:15:34,790 hearing last month. 269 00:15:34,990 --> 00:15:35,829 What about? 270 00:15:35,830 --> 00:15:38,970 Well, it's a closed -door hearing, but isn't that Congresswoman Latham's 271 00:15:38,970 --> 00:15:39,970 committee, sir? 272 00:15:42,610 --> 00:15:47,130 I find it hard to believe you lost any precincts. Well, this isn't exactly my 273 00:15:47,130 --> 00:15:48,130 get -out -the -vote outfit. 274 00:15:48,850 --> 00:15:50,870 I wouldn't sell the electorate short, Bobby. 275 00:15:51,270 --> 00:15:53,350 In that outfit, you'd get my ballot. 276 00:15:54,570 --> 00:15:55,570 Hi. 277 00:15:55,850 --> 00:15:59,370 So I understand that Colonel Klesko appeared before your committee last 278 00:15:59,630 --> 00:16:00,870 Can't a girl have any secrets? 279 00:16:06,800 --> 00:16:10,580 The Marines had casualties, and committee members were worried we were 280 00:16:10,580 --> 00:16:11,580 in too deep. 281 00:16:11,720 --> 00:16:13,220 So how did you make it go right? 282 00:16:14,320 --> 00:16:18,380 The colonel promised that he'd put an end to all casualties by reducing our 283 00:16:18,380 --> 00:16:19,580 vulnerability rebel attacks. 284 00:16:20,400 --> 00:16:22,260 Just how did he propose doing that? 285 00:16:22,700 --> 00:16:24,920 We didn't ask, and he didn't say. 286 00:16:25,500 --> 00:16:29,520 Captain Shepard tells me that Colonel Kolesko ordered him to go after Makani. 287 00:16:29,520 --> 00:16:32,060 was just thinking that would be one way to stop the attacks. 288 00:16:32,560 --> 00:16:35,400 Harm, I know the colonel. He'd never issue an order like that. 289 00:16:36,680 --> 00:16:38,060 The colonel's more credible. 290 00:16:39,320 --> 00:16:41,140 That's what I put on my report anyway. 291 00:16:41,440 --> 00:16:43,180 Good. Then you're doing the right thing. 292 00:16:45,640 --> 00:16:48,800 Senator Pick. 293 00:16:49,380 --> 00:16:53,300 Amanda. Lovely to see you this evening, ma 'am. Thank you. Hello. 294 00:16:53,640 --> 00:16:55,020 Commander. Evening. 295 00:16:55,700 --> 00:16:58,060 Do you know Congresswoman Latham, Commander Turner? 296 00:16:58,280 --> 00:17:00,140 No. Miss Latham. 297 00:17:01,000 --> 00:17:02,000 It's Bobby. 298 00:17:02,980 --> 00:17:03,980 Pleasure. 299 00:17:04,839 --> 00:17:08,980 Well, I hope we're not interrupting you and the senator I'm in. 300 00:17:09,520 --> 00:17:12,839 Commander, Turner and I were just discussing events in Sierra Leone. 301 00:17:13,119 --> 00:17:16,380 Marine Captain loses a few men and already we're thinking pullout. 302 00:17:17,160 --> 00:17:21,440 Sorry, but what is the point of a military if we don't use it? Well, 303 00:17:21,440 --> 00:17:25,359 don't think a Marine Captain marching into an ambush is a good example of 304 00:17:25,359 --> 00:17:26,359 our military. 305 00:17:27,579 --> 00:17:28,980 Don't you agree, Commander Rapp? 306 00:17:30,560 --> 00:17:33,020 Well, I agree we'll never settle this this evening. 307 00:17:33,820 --> 00:17:34,820 No doubt. 308 00:17:35,140 --> 00:17:38,300 If you will all excuse me, I see someone that I need to speak to. 309 00:17:38,560 --> 00:17:39,780 Commander Turner, do you mind? 310 00:17:40,020 --> 00:17:40,719 Not at all. 311 00:17:40,720 --> 00:17:42,420 Bobby. Commander. Ma 'am. 312 00:17:44,780 --> 00:17:48,360 May I say, you look stunning in that dress, Congresswoman. Incoming. 313 00:17:49,040 --> 00:17:50,720 Ah, thank you. 314 00:17:53,660 --> 00:17:54,660 Thank you. 315 00:17:57,830 --> 00:18:00,590 You know, I'm thinking maybe bourbon's a little more my speed. 316 00:18:01,170 --> 00:18:03,230 Anyone for the bar? 317 00:18:03,510 --> 00:18:04,510 No, we're fine. 318 00:18:05,550 --> 00:18:10,890 Here you go, sir. 319 00:18:13,790 --> 00:18:14,790 Bourbon, please. 320 00:18:15,010 --> 00:18:16,010 Oh, right away. 321 00:18:17,030 --> 00:18:18,030 Well, there you are. 322 00:18:19,370 --> 00:18:20,370 Commander Rabb. 323 00:18:20,710 --> 00:18:21,710 Bourbon? 324 00:18:23,210 --> 00:18:24,650 Major, he will. 325 00:18:25,110 --> 00:18:26,390 It's mister now. 326 00:18:27,070 --> 00:18:29,030 I'm working for the Grefg Corp. 327 00:18:30,330 --> 00:18:33,510 Consulting. Ah, crossed over to the dark side, huh? 328 00:18:34,270 --> 00:18:35,830 We all do eventually. 329 00:18:39,170 --> 00:18:41,370 I read about this Africa thing. 330 00:18:42,550 --> 00:18:44,190 Heard you're doing the investigation. 331 00:18:44,910 --> 00:18:48,950 I bet everybody's laying the blame right at that Marine captain's doorstep. 332 00:18:49,410 --> 00:18:52,930 You know, Frank, blame usually flies with someone, huh? 333 00:18:53,930 --> 00:18:55,550 I wouldn't be so sure. 334 00:19:01,200 --> 00:19:04,660 You didn't serve with Colonel Klesko, did you? 335 00:19:05,800 --> 00:19:06,800 Yeah. 336 00:19:07,620 --> 00:19:09,660 He was my company commander. 337 00:19:11,960 --> 00:19:15,620 The peacekeeping operation in Lebanon. 338 00:19:17,200 --> 00:19:19,880 83? Year of the barracks bombing. 339 00:19:21,300 --> 00:19:22,320 Sure was. 340 00:19:24,300 --> 00:19:26,680 During your time under him, did he ever... 341 00:19:28,620 --> 00:19:31,900 Suggest that you operate outside the rules of engagement. 342 00:19:35,260 --> 00:19:37,540 Things happened in the Bacaw Valley. 343 00:19:40,580 --> 00:19:44,720 After the barracks bombing, people wanted some payback. 344 00:19:45,160 --> 00:19:46,940 Colonel Kolesko one of those people? 345 00:19:49,140 --> 00:19:54,400 Well, he was a man who could get things done. 346 00:19:55,690 --> 00:19:59,510 I'm sure it served him very well on his climb up the ladder. 347 00:20:02,310 --> 00:20:06,490 Whatever happened in Lebanon, would you be willing to make a statement? 348 00:20:08,790 --> 00:20:12,190 No, I'm not opening that can of worms. 349 00:20:12,910 --> 00:20:16,690 I got two ex -wives and a kid that hates me to look for. 350 00:20:16,890 --> 00:20:20,830 You know, an officer's career is at issue here, I could subpoena you. 351 00:20:21,850 --> 00:20:23,830 Then this chat never happened. 352 00:20:28,680 --> 00:20:29,680 I gotta go. 353 00:20:30,720 --> 00:20:32,780 Call me when you lose the uniform. 354 00:20:34,380 --> 00:20:35,380 Commander. 355 00:20:38,240 --> 00:20:40,760 Grab. Got some information for you. 356 00:20:41,120 --> 00:20:42,120 Yes, sir. 357 00:20:42,140 --> 00:20:43,860 Commander, got your report. 358 00:20:44,500 --> 00:20:48,480 As the convening authority, he's decided to initiate court -martial proceedings 359 00:20:48,480 --> 00:20:49,620 against Captain Deppard. 360 00:20:49,820 --> 00:20:53,480 But, sir, I recommended a letter of reprimand and non -judicial punishment. 361 00:20:53,920 --> 00:20:57,640 Commander. Six men died. People saw it on television. 362 00:20:58,419 --> 00:21:01,120 Accountability has to be adrift in a public forum. 363 00:21:01,500 --> 00:21:03,300 The convening authority doesn't have a choice. 364 00:21:03,560 --> 00:21:04,920 Well, what are the charges, sir? 365 00:21:05,440 --> 00:21:07,920 Willful dereliction and negligent homicide. 366 00:21:08,380 --> 00:21:12,860 Six counts of negligent homicide, Admiral. You could be looking at 18 367 00:21:12,860 --> 00:21:15,820 Leavenworth. It's at the discretion of the convening authority, Commander. 368 00:21:16,880 --> 00:21:17,880 I'll see you in the morning. 369 00:21:21,120 --> 00:21:24,420 You look like a cat died. 370 00:21:25,610 --> 00:21:27,790 You're going to court -martial Captain Shepard. 371 00:21:28,270 --> 00:21:29,710 Well, don't tell me you're surprised. 372 00:21:30,290 --> 00:21:31,290 I'm surprised. 373 00:21:31,670 --> 00:21:33,210 You wrote the report on him. 374 00:21:33,550 --> 00:21:34,550 Yeah. 375 00:21:35,130 --> 00:21:36,670 Thinking maybe I made a mistake. 376 00:21:37,070 --> 00:21:38,230 Now you're going to defend the man? 377 00:21:38,830 --> 00:21:41,490 With Captain's consent, that's exactly what I'm going to do. 378 00:21:50,670 --> 00:21:53,190 So now you want to defend Captain Shepard. 379 00:21:54,000 --> 00:21:55,600 He's being scapegoated, Admiral. 380 00:21:56,420 --> 00:22:00,380 Six Marines who died in Sierra Leone may have been killed in Captain Shepard's 381 00:22:00,380 --> 00:22:05,000 raid, but not on his orders. And you're basing this theory on a drunk in a hotel 382 00:22:05,000 --> 00:22:06,180 men's room? 383 00:22:07,060 --> 00:22:08,420 At the bar, sir. 384 00:22:08,640 --> 00:22:11,260 With your strategy, you can't prove a verbal order was given. 385 00:22:11,460 --> 00:22:14,980 No, sir, but if Captain Shepard received an order from Colonel Kolesko off the 386 00:22:14,980 --> 00:22:17,360 record, I'm betting others have received a similar order. 387 00:22:18,400 --> 00:22:19,400 I understand. 388 00:22:20,200 --> 00:22:23,380 The body of Marine Captain Marcus Sauter was laid to rest. 389 00:22:24,080 --> 00:22:28,000 His mother's week -long campaign for the return of her son's remains came to a 390 00:22:28,000 --> 00:22:30,720 close yesterday when the rebels acquiesced. 391 00:22:32,660 --> 00:22:34,260 His son's finally come home. 392 00:22:34,500 --> 00:22:37,580 This is the sixth funeral at Arlington in the past two weeks. 393 00:22:38,140 --> 00:22:42,060 Gunnery Sergeant, is it your testimony that Captain Shepard chose to launch an 394 00:22:42,060 --> 00:22:43,200 attack on Colonel McConaughey? 395 00:22:43,520 --> 00:22:45,840 Yes, sir. Were the rebels engaging at the time? 396 00:22:46,360 --> 00:22:49,040 No, sir. By the time we chased them, they had ceased firing. 397 00:22:49,590 --> 00:22:52,470 According to your op order, what were the rules of engagement? 398 00:22:52,910 --> 00:22:57,030 That we were to fire only when fired upon or when hostilities were imminent. 399 00:22:57,630 --> 00:23:02,230 So in going after the rebels well after they ceased to engage, was the captain 400 00:23:02,230 --> 00:23:03,230 exceeding his orders? 401 00:23:03,850 --> 00:23:05,170 Yes, sir, I believe he was. 402 00:23:05,790 --> 00:23:07,010 Can you tell us why he did so? 403 00:23:08,050 --> 00:23:11,910 The captain wanted to get Colonel McConaughey. We had chased him twice 404 00:23:11,990 --> 00:23:12,990 but he had gotten away. 405 00:23:13,550 --> 00:23:14,810 Captain Shepard was frustrated. 406 00:23:15,530 --> 00:23:16,530 How was this evident? 407 00:23:17,290 --> 00:23:21,190 He pinned up wanted posters in the company office with the colonel's face 408 00:23:21,190 --> 00:23:24,670 them. We had a bounty. Went up every week. It was kind of a joke. 409 00:23:25,110 --> 00:23:27,030 We actually got up to 90 bucks. 410 00:23:27,850 --> 00:23:28,850 90 bucks. 411 00:23:30,910 --> 00:23:31,910 90 bucks. 412 00:23:33,670 --> 00:23:35,150 It cost six lives. 413 00:23:36,450 --> 00:23:37,470 Thank you, Gunnery Sergeant. 414 00:23:42,230 --> 00:23:46,490 Gunnery Sergeant, these wanted posters that you talked about. 415 00:23:46,970 --> 00:23:48,610 Were they on display in the company office? 416 00:23:48,890 --> 00:23:49,890 Yes, sir. 417 00:23:50,390 --> 00:23:51,950 Did Colonel Klesko see them? 418 00:23:52,250 --> 00:23:53,430 Yes, sir. Everyone saw them. 419 00:23:53,670 --> 00:23:54,990 Did the colonel object to them? 420 00:23:55,350 --> 00:23:56,490 Not that I know of, sir. 421 00:23:56,990 --> 00:24:00,410 You mentioned two previous missions where Captain Shepard pursued Colonel 422 00:24:00,410 --> 00:24:02,750 McConaughey. Did Colonel Klesko know about them? 423 00:24:03,130 --> 00:24:07,150 Yes, sir. I was there when Captain Shepard reported to the colonel. Did he 424 00:24:07,150 --> 00:24:11,510 report that on these two earlier missions, he continued to pursue the 425 00:24:11,510 --> 00:24:13,170 even after they ceased to engage? 426 00:24:13,710 --> 00:24:15,170 Yes, sir. He reported everything. 427 00:24:15,840 --> 00:24:18,680 Did Colonel Klesko reprimand Captain Shepard for this? 428 00:24:20,040 --> 00:24:21,040 No, sir. 429 00:24:21,680 --> 00:24:23,280 Thank you, Gunnery Sergeant. That'll be all. 430 00:24:25,740 --> 00:24:28,520 Colonel Klesko, what were your orders? 431 00:24:29,020 --> 00:24:32,280 Our orders for the mission were to protect the relief convoys with Cobra 432 00:24:32,280 --> 00:24:34,040 gunships in the air and Marines on the ground. 433 00:24:34,460 --> 00:24:38,440 Did you give Captain Shepard any commands, verbal or otherwise, that 434 00:24:38,440 --> 00:24:39,440 countermanded those orders? 435 00:24:39,480 --> 00:24:40,339 I did not. 436 00:24:40,340 --> 00:24:43,560 Were you aware of any previous attempts to capture Colonel Makani? 437 00:24:44,080 --> 00:24:46,420 And you have no missions with that expressed intent, no. 438 00:24:46,980 --> 00:24:51,260 When Captain Shepard led the attack on Colonel McConaughey, did you feel he 439 00:24:51,260 --> 00:24:52,260 exceeded his orders? 440 00:24:55,560 --> 00:24:56,560 Yes, I do. 441 00:24:58,600 --> 00:24:59,600 Thank you, Colonel. 442 00:25:01,680 --> 00:25:02,680 Commander Rabb? 443 00:25:04,320 --> 00:25:08,480 Your Honor, I have no questions at this time, but I would like the right to 444 00:25:08,480 --> 00:25:10,380 recall this witness at a later date, ma 'am. 445 00:25:11,040 --> 00:25:12,040 Granted. 446 00:25:12,560 --> 00:25:15,100 We'll recess and reconvene here at 0900 tomorrow. 447 00:25:16,380 --> 00:25:19,400 I talked with Staff Sergeant Stipple at the main gate. He checked the log. 448 00:25:19,680 --> 00:25:22,120 You were the last to leave Friday after stowing all the equipment. 449 00:25:22,480 --> 00:25:25,540 Well, that's right, ma 'am, but I don't know how the toy got away from the toy 450 00:25:25,540 --> 00:25:28,400 makers. And, you know, to be quite honest, these tech guys tend to be a 451 00:25:28,400 --> 00:25:31,480 bit flaky. Major, I have a very good nose for when people are lying to me. 452 00:25:32,220 --> 00:25:34,480 Colonel, I am not a peeping Tom. 453 00:25:34,720 --> 00:25:36,060 My nose is twitching, Major. 454 00:25:36,320 --> 00:25:40,200 Colonel, the last time I so much as looked at a 17 -year -old, I was 17. 455 00:25:42,909 --> 00:25:43,909 Okay, 20. 456 00:25:44,110 --> 00:25:46,710 But believe me, I would not surveil a 17 -year -old girl. 457 00:25:47,130 --> 00:25:48,330 What kind of car do you drive? 458 00:25:48,570 --> 00:25:49,570 Ma 'am? 459 00:25:51,030 --> 00:25:52,870 Ford Explorer. 460 00:25:53,870 --> 00:25:57,670 This afternoon I was talking to one of the flaky tech guys. He was testing an 461 00:25:57,670 --> 00:26:01,330 infrared camera on Friday evening. He saw a Marine carrying a box to a white 462 00:26:01,330 --> 00:26:02,330 Ford Explorer. 463 00:26:08,110 --> 00:26:11,690 She's been sneaking out late at night and her grades have been slipping. I was 464 00:26:11,690 --> 00:26:14,970 just borrowing the unit. I just wanted to catch her. So you set up a 465 00:26:14,970 --> 00:26:15,970 surveillance cam? 466 00:26:16,210 --> 00:26:17,210 I was going to. 467 00:26:17,490 --> 00:26:20,310 I put the unit in the car. Someone broke in and stole it. 468 00:26:20,730 --> 00:26:23,410 I did not spy on any teenage girl. 469 00:26:24,070 --> 00:26:25,990 Who has access to your car? 470 00:26:27,250 --> 00:26:31,670 Well, I have a wife, four kids and a dog. They all have access. 471 00:26:32,050 --> 00:26:34,190 Anyone in that group that you could single out for me? 472 00:26:39,370 --> 00:26:40,770 Only important in high tech. 473 00:26:43,530 --> 00:26:46,270 Son, we need to talk. 474 00:26:49,370 --> 00:26:52,570 Commander, as the Buckner Bays Airboss, you oversee air operations? 475 00:26:53,070 --> 00:26:54,070 That's correct. 476 00:26:54,090 --> 00:26:58,350 Sir, did you oversee the loading of air -to -ground rocket pods on the Super 477 00:26:58,350 --> 00:26:59,690 Cobra gunships? Yes, I did. 478 00:26:59,890 --> 00:27:00,910 Who gave that order, Commander? 479 00:27:01,130 --> 00:27:02,490 There was no written order. 480 00:27:02,750 --> 00:27:04,070 Colonel Klesko suggested it. 481 00:27:04,290 --> 00:27:07,350 Well, did he give any kind of explanation as to why, sir? 482 00:27:07,870 --> 00:27:10,270 He said there was a possibility the boys might see some action. 483 00:27:12,250 --> 00:27:15,910 Sir, can you explain why internal fuel bags were loaded onto the Hueys? 484 00:27:16,830 --> 00:27:19,590 Colonel Klesko wanted to maximize the helo's range. 485 00:27:20,430 --> 00:27:23,750 Why would you need so much range on a peacekeeping mission, sir? 486 00:27:23,990 --> 00:27:27,250 The colonel said he wanted the helos to have the flexibility to fly deeper in 487 00:27:27,250 --> 00:27:29,930 country. Was there a written order for that, Commander? 488 00:27:30,390 --> 00:27:33,130 No. That's the way he wanted the aircraft configured. 489 00:27:33,790 --> 00:27:34,790 Hmm. 490 00:27:34,890 --> 00:27:37,190 The colonel didn't like to leave a paper trail, did he, sir? 491 00:27:37,970 --> 00:27:38,970 Objection. 492 00:27:39,570 --> 00:27:40,570 Withdraw. 493 00:27:43,430 --> 00:27:47,290 It was easy. Just dial the frequency on my dish and voila. 494 00:27:47,930 --> 00:27:48,950 Voila felony? 495 00:27:49,570 --> 00:27:51,370 This isn't a video game, Brad. 496 00:27:51,630 --> 00:27:53,290 Why is it so out of focus? 497 00:27:54,990 --> 00:27:56,130 What were you thinking? 498 00:27:57,390 --> 00:27:58,890 I see Vanessa every day. 499 00:27:59,110 --> 00:28:02,910 She's smart, pretty. Guess I just wanted to hang out. 500 00:28:03,210 --> 00:28:04,210 You mean hover? 501 00:28:05,410 --> 00:28:06,590 It's what happens now. 502 00:28:06,970 --> 00:28:07,970 You're grounded, mister. 503 00:28:08,110 --> 00:28:09,110 Unplug the computer. 504 00:28:09,190 --> 00:28:10,890 For the next two months, you're going low -tech. 505 00:28:11,710 --> 00:28:14,190 I'll have a talk with the girl's mother, but I think you'll need to apologize. 506 00:28:14,850 --> 00:28:16,430 Can I just email her? No. 507 00:28:16,930 --> 00:28:18,750 You're going to have to face the music like a man. 508 00:28:19,170 --> 00:28:20,170 Your dad's right. 509 00:28:20,710 --> 00:28:22,490 If you want, I can drive over there with you. 510 00:28:24,810 --> 00:28:27,950 Captain Shepard, why did you lead the attack on Colonel McConaughey today in 511 00:28:27,950 --> 00:28:28,950 question? 512 00:28:29,690 --> 00:28:31,210 McConaughey had fired on my men, sir. 513 00:28:31,610 --> 00:28:33,950 Is that the only reason you launched an attack? 514 00:28:35,120 --> 00:28:36,660 I felt that was reason enough, sir. 515 00:28:38,300 --> 00:28:42,460 Captain, did anybody order you to go after Colonel McConaughey? 516 00:28:49,640 --> 00:28:50,640 Yes, sir. 517 00:28:51,360 --> 00:28:52,820 I received a verbal directive. 518 00:28:53,800 --> 00:28:56,360 From whom did you receive a verbal directive, Captain? 519 00:28:59,320 --> 00:29:00,600 Colonel Clasco, sir. 520 00:29:00,840 --> 00:29:02,900 And what did Colonel Clasco ask you to do? 521 00:29:05,360 --> 00:29:08,980 He wanted me to capture Makani. Now, didn't this contradict the rules of 522 00:29:08,980 --> 00:29:10,120 engagement for the operation? 523 00:29:11,700 --> 00:29:15,360 Colonel Clasco said that if I could get a clean shot at Makani, I should go for 524 00:29:15,360 --> 00:29:18,300 it. And you understood this verbal directive, Captain, to be in order? 525 00:29:18,720 --> 00:29:23,900 That was my understanding, sir. In fact, the naval officer's guide is quite 526 00:29:23,900 --> 00:29:25,400 clear on that point, isn't it, Captain? 527 00:29:25,880 --> 00:29:29,080 Would you please read for the members the highlighted portion, Captain? 528 00:29:32,650 --> 00:29:37,430 When a senior says, I desire or I wish or would you please, remember that the 529 00:29:37,430 --> 00:29:42,050 expressed desires or wishes of a senior, by custom and tradition, are equivalent 530 00:29:42,050 --> 00:29:43,029 to an order. 531 00:29:43,030 --> 00:29:46,390 And, Captain, by this definition, when you attacked Colonel McConaughey and the 532 00:29:46,390 --> 00:29:49,430 Rebel, you believed you were following orders. Is that correct? 533 00:29:50,150 --> 00:29:51,150 Yes, sir. 534 00:29:51,250 --> 00:29:53,010 Thank you, Captain. Nothing further, ma 'am. 535 00:29:53,950 --> 00:29:57,290 I believe the officer's guide also calls for one to seek clarification when 536 00:29:57,290 --> 00:29:58,490 receiving such verbal orders. 537 00:29:58,990 --> 00:30:00,470 Did you get clarification, Captain? 538 00:30:01,450 --> 00:30:03,950 I didn't see anything unclear about the directive, sir. 539 00:30:04,390 --> 00:30:06,490 So then you heard what you wanted to hear. 540 00:30:07,190 --> 00:30:08,310 Rejection, argumentative. 541 00:30:08,510 --> 00:30:12,870 Withdrawn. Captain, did you want to capture Colonel Makani? 542 00:30:15,210 --> 00:30:16,210 Yes, I did. 543 00:30:16,850 --> 00:30:17,950 We all did, sir. 544 00:30:18,170 --> 00:30:21,050 Of course you did. You even put up your unwanted posters, didn't you? I was 545 00:30:21,050 --> 00:30:22,690 lighting a fire under my men. 546 00:30:23,510 --> 00:30:25,750 I wanted to execute my orders, sir. 547 00:30:25,990 --> 00:30:28,530 Ah, yes, the famous verbal orders. I find it odd. 548 00:30:29,040 --> 00:30:32,040 No other company commander reported receiving any verbal orders from Colonel 549 00:30:32,040 --> 00:30:35,460 Klesko. Certainly not orders to attack a warlord. 550 00:30:35,660 --> 00:30:36,840 Can you explain that, Captain? 551 00:30:39,040 --> 00:30:40,040 No, sir. 552 00:30:40,620 --> 00:30:41,620 Try, Captain. 553 00:30:42,280 --> 00:30:45,320 Why do you think you alone received this verbal directive? 554 00:30:47,400 --> 00:30:50,820 I guess none of the other commanders had experience under fire, ma 'am. 555 00:30:59,400 --> 00:31:00,520 Ten years, Counselor. 556 00:31:01,380 --> 00:31:03,460 My client's not doing time, Sturgis. 557 00:31:03,920 --> 00:31:07,500 We'll plead to dereliction, dismissal of the judge, but no confinement. 558 00:31:08,080 --> 00:31:09,760 We are talking negligent homicide. 559 00:31:10,820 --> 00:31:12,160 Careful, Hart. Don't overreach. 560 00:31:13,620 --> 00:31:16,880 I'll present it to him, but you Southern members were reaching just fine. 561 00:31:21,720 --> 00:31:25,080 Colonel, you ordered your Cobra's arm with missiles and your Hueys to carry 562 00:31:25,080 --> 00:31:26,420 extra fuel. Is that correct? 563 00:31:26,880 --> 00:31:27,880 Yes, that's right. 564 00:31:28,090 --> 00:31:30,950 Why would you arm your helos for combat, sir, on a peacekeeping mission? 565 00:31:31,290 --> 00:31:33,390 I was in Lebanon when the barracks was bombed. 566 00:31:34,610 --> 00:31:38,150 People worried that our men were trigger -happy, so sentries had rifles with 567 00:31:38,150 --> 00:31:39,150 empty magazines. 568 00:31:39,950 --> 00:31:41,050 We know what happened. 569 00:31:42,430 --> 00:31:43,630 283 Marines died. 570 00:31:44,690 --> 00:31:47,610 I vowed never to let such a tragedy occur on my watch. 571 00:31:50,830 --> 00:31:54,910 Based on intel reports, did you expect Captain Shepard to encounter Colonel 572 00:31:54,910 --> 00:31:56,290 McConaughey the night of the raid, sir? 573 00:31:56,730 --> 00:31:57,850 There was a strong possibility. 574 00:31:58,390 --> 00:32:00,030 Did you want McConaughey captured, Colonel? 575 00:32:00,590 --> 00:32:03,550 Yes, as long as it could be done within the rules of engagement. 576 00:32:03,850 --> 00:32:07,730 Within spitting distance of the rules of engagement. Those were your words, 577 00:32:07,750 --> 00:32:08,750 weren't they, Colonel? 578 00:32:08,830 --> 00:32:13,650 Yes. And didn't you also tell Captain Shepard, sir, that if he could get a 579 00:32:13,650 --> 00:32:15,610 shot at Colonel McConaughey, he should take it? 580 00:32:15,830 --> 00:32:17,070 I said something to that effect. 581 00:32:17,330 --> 00:32:21,990 So, Colonel, you were, in fact, widening the rules of engagement. Rules are open 582 00:32:21,990 --> 00:32:22,990 to interpretation. 583 00:32:25,770 --> 00:32:27,270 Thank you, Colonel. That will be all, then. 584 00:32:30,350 --> 00:32:31,350 Redirect, Your Honor. 585 00:32:31,590 --> 00:32:32,630 Proceed, Counselor. 586 00:32:32,990 --> 00:32:36,970 Colonel, please define for us what you mean by a clean shot. 587 00:32:37,210 --> 00:32:41,650 A clean shot means acting aggressively, but safely, in the best interest of your 588 00:32:41,650 --> 00:32:42,650 people. 589 00:32:42,890 --> 00:32:46,470 It doesn't mean charging into an ambush on some quest for vengeance. 590 00:32:56,659 --> 00:32:58,880 But you can't meet me in my office. 591 00:33:08,200 --> 00:33:12,640 You're defending the man who killed my son. 592 00:33:13,740 --> 00:33:17,000 Ma 'am, I... You're just doing your job, Commander. I know that. 593 00:33:17,580 --> 00:33:19,320 It's your client I'm questioning. 594 00:33:20,480 --> 00:33:25,770 When they came to my door, in their uniforms, with their hats in their hand, 595 00:33:25,770 --> 00:33:26,770 asked him one thing. 596 00:33:27,670 --> 00:33:31,230 Why did my son have to die for nothing? 597 00:33:31,850 --> 00:33:33,870 He was on a peacekeeping mission. 598 00:33:34,190 --> 00:33:35,049 I'm sorry. 599 00:33:35,050 --> 00:33:36,570 Commander, I don't need your apologies. 600 00:33:37,310 --> 00:33:38,490 I want an answer. 601 00:33:42,490 --> 00:33:47,570 At least one person was willing to try and give me an answer. 602 00:33:48,370 --> 00:33:54,070 Had the decency to... Read that letter. 603 00:33:57,420 --> 00:33:58,760 You want to know the saddest part? 604 00:34:00,900 --> 00:34:04,000 Congresswoman Bobby Latham isn't even in the military. 605 00:34:05,120 --> 00:34:08,260 There was no reason for her to feel that she had to apologize to me and my 606 00:34:08,260 --> 00:34:09,260 family. 607 00:34:09,520 --> 00:34:11,659 She didn't have to write me that letter. 608 00:34:13,260 --> 00:34:14,260 No, she didn't. 609 00:34:31,310 --> 00:34:32,310 All right, bud, go ahead. 610 00:34:32,330 --> 00:34:35,310 Mr. I spoke with the communications officer from the Buckner Bay. 611 00:34:35,570 --> 00:34:39,690 Colonel Klesko received a series of encrypted messages, speak hats, from 612 00:34:39,690 --> 00:34:41,810 Congresswoman Latham. Did you get copies? 613 00:34:42,389 --> 00:34:45,889 Yes, sir. They were sent through the Flint Hill comms. They're being 614 00:34:45,889 --> 00:34:49,670 now. Well, I'll make the call to the judge, bud. Looks like we'll be adding 615 00:34:49,670 --> 00:34:52,130 another name to that witness list. Nice work, Lieutenant. 616 00:34:52,969 --> 00:34:53,969 Morning, Frank. 617 00:34:55,670 --> 00:34:56,670 What do you want? 618 00:34:56,810 --> 00:34:59,790 You had a pretty promising career going in the Marine Corps. 619 00:35:00,380 --> 00:35:03,660 Whatever happened in Lebanon, you were the one that Colonel sent in, weren't 620 00:35:03,660 --> 00:35:04,660 you? Wow, you're quick. 621 00:35:05,480 --> 00:35:07,660 What did Colonel Klesko ask you to do, Frank? 622 00:35:09,720 --> 00:35:12,680 You probably spent the last 20 years with nightmares, Frank. 623 00:35:14,600 --> 00:35:18,100 Don't have somebody else spend 18 years in Lebanon for the same reason. 624 00:35:18,380 --> 00:35:19,880 I'm not helping you, Commander. 625 00:35:20,260 --> 00:35:21,260 Then help yourself. 626 00:35:24,100 --> 00:35:25,440 Help yourself, Frank. 627 00:35:28,840 --> 00:35:32,880 Our peeping Tom turned out to be a hormonal 13 -year -old. I'm recommending 628 00:35:32,880 --> 00:35:36,740 non -punitive letter of caution for Major Milan. He did intend to return the 629 00:35:36,740 --> 00:35:37,740 drone unit to the base. 630 00:35:38,100 --> 00:35:39,100 What about the boy? 631 00:35:39,740 --> 00:35:42,040 I'm afraid he's facing a more serious punishment. 632 00:35:42,960 --> 00:35:45,600 You haven't met the mother of the girl he spied on. 633 00:35:49,720 --> 00:35:51,540 You subpoenaed me to testify. 634 00:35:52,710 --> 00:35:56,410 Well, Colonel Klesko did appear before your committee. I thought you might have 635 00:35:56,410 --> 00:35:58,410 some additional information you wanted to share. 636 00:35:58,670 --> 00:36:01,550 We have no secrets, Harm. You know what I know. 637 00:36:02,530 --> 00:36:04,170 I'll do what I have to, Bobby. 638 00:36:05,010 --> 00:36:06,830 Well, then consider me a hostile witness. 639 00:36:11,090 --> 00:36:14,290 Congresswoman Latham, when Colonel Klesko appeared before your committee 640 00:36:14,290 --> 00:36:18,790 month, he promised to cut casualties in Sierra Leone. Did he say, ma 'am, how he 641 00:36:18,790 --> 00:36:22,330 planned to do that? No. Did you have any suggestions for the colonel? 642 00:36:22,640 --> 00:36:23,780 It's out of my hands, Commander. 643 00:36:24,140 --> 00:36:26,700 Well, it's certainly not out of your sphere of influence, is it? 644 00:36:27,940 --> 00:36:31,220 Do you know what a speedcat communicates, ma 'am? Special attention 645 00:36:31,220 --> 00:36:33,380 eyes only. Yes, I'm familiar with speedcats. 646 00:36:33,620 --> 00:36:38,200 I know you are. You've sent several to Colonel Kolesko over the past month. We 647 00:36:38,200 --> 00:36:41,260 obtained them through the Naval Communications Center in Maryland. 648 00:36:42,000 --> 00:36:46,780 For October, Colonel, it's clear that McConaughey has become a problem. If we 649 00:36:46,780 --> 00:36:51,100 can take him without going in as an occupying force, let's do it. 650 00:36:52,430 --> 00:36:56,190 6 October. Colonel, this most recent failure to capture Colonel McCartney is 651 00:36:56,190 --> 00:36:58,270 causing unrest in the committee. 652 00:36:59,290 --> 00:37:00,310 10 October. 653 00:37:00,990 --> 00:37:05,490 Colonel, polls indicate capturing McCartney would give our cause a PR 654 00:37:07,390 --> 00:37:10,550 You were applying pressure to capture Colonel McCartney, weren't you? There 655 00:37:10,550 --> 00:37:12,390 many who wanted to see McCartney arrested. 656 00:37:12,630 --> 00:37:16,970 The U .N. Secretary General among them. Yes, but the U .N. Secretary General 657 00:37:16,970 --> 00:37:20,170 can't help a colonel's career quite like a powerful congresswoman can. 658 00:37:20,570 --> 00:37:21,910 Objection. Withdrawn. 659 00:37:22,230 --> 00:37:23,230 Nothing further, ma 'am. 660 00:37:26,190 --> 00:37:32,070 Congresswoman, did you ever order Colonel Klesko to take any action 661 00:37:32,070 --> 00:37:33,810 Colonel McConaughey? I'm a civilian commander. 662 00:37:34,570 --> 00:37:37,050 Giving orders is not in my job description. 663 00:37:37,810 --> 00:37:38,910 Thank you, Congresswoman. 664 00:37:40,450 --> 00:37:41,890 Congresswoman, you're excused. 665 00:37:45,030 --> 00:37:48,470 The defense would like to recall Colonel Klesko at this time, ma 'am. 666 00:37:49,190 --> 00:37:53,450 Colonel, do you recall receiving messages from Congresswoman Latham? Yes. 667 00:37:54,470 --> 00:37:57,350 Did they have any bearing on your decision -making, sir? 668 00:37:57,590 --> 00:38:00,290 I don't let politicians determine field decisions, Commander. 669 00:38:00,730 --> 00:38:04,650 Despite the fact, Colonel, that your mission in Africa was highly dependent 670 00:38:04,650 --> 00:38:05,650 Congressional support. 671 00:38:06,250 --> 00:38:07,430 Congressional support is important. 672 00:38:07,770 --> 00:38:11,630 So much so, sir, that you promised Congress to limit casualties in Sierra 673 00:38:11,710 --> 00:38:12,710 didn't you, sir? Yes. 674 00:38:12,970 --> 00:38:16,010 How did you plan to do that, Colonel? Did you cut back on missions? 675 00:38:16,350 --> 00:38:18,010 I chose more proactive measures. 676 00:38:18,360 --> 00:38:20,140 Like configuring helos for combat. 677 00:38:20,380 --> 00:38:21,540 I thought it was a good policy. 678 00:38:22,380 --> 00:38:25,500 Now, Congresswoman Latham wrote to you, Colonel. 679 00:38:27,100 --> 00:38:31,460 Polls indicate capturing Makani would give our cause a PR boost. 680 00:38:32,260 --> 00:38:36,260 Some PR to have Congresswoman Latham standing next to Colonel Makani in 681 00:38:36,260 --> 00:38:37,260 handcuffs, wouldn't it? 682 00:38:37,620 --> 00:38:40,600 Almost worth sending Captain Shepard on a hunting expedition. 683 00:38:41,220 --> 00:38:43,100 Objection. I'd like to respond to that. 684 00:38:43,400 --> 00:38:44,400 Please. 685 00:38:46,040 --> 00:38:48,910 Commander. I encourage my people to be aggressive. 686 00:38:49,390 --> 00:38:53,010 But if you're asking if I ever gave Captain Shepard a verbal order to hunt 687 00:38:53,010 --> 00:38:54,870 Colonel Makani, the answer's no. 688 00:38:57,270 --> 00:39:03,350 Are you familiar, Colonel, with an incident in Lebanon in 1983 in the 689 00:39:03,350 --> 00:39:08,930 Valley where a Marine recon unit was sent to attack a Hezbollah guerrilla 690 00:39:08,930 --> 00:39:10,490 in his home? 691 00:39:10,890 --> 00:39:13,090 He was killed along with his family. 692 00:39:13,490 --> 00:39:14,770 Objection, Your Honor. Relevant? 693 00:39:15,420 --> 00:39:18,720 Colonel's career in Lebanon has no bearing here. It goes to pattern of 694 00:39:18,920 --> 00:39:22,460 Colonel Klesko opened this avenue, ma 'am, in previous testimony when he spoke 695 00:39:22,460 --> 00:39:23,540 of his tour in Lebanon. 696 00:39:23,980 --> 00:39:24,980 I'll allow it. 697 00:39:26,480 --> 00:39:27,980 I remember such an incident. 698 00:39:28,260 --> 00:39:32,340 The second lieutenant under your command, sir, while you were captain, 699 00:39:32,340 --> 00:39:37,380 Sewell, led the attack on the Hezbollah leader on verbal orders from you, sir. 700 00:39:37,480 --> 00:39:38,480 Isn't that correct? 701 00:39:42,670 --> 00:39:46,470 I can call Frank Sewell in here now, and he will testify to that fact, sir. 702 00:39:47,450 --> 00:39:48,790 That won't be necessary. 703 00:39:50,550 --> 00:39:53,230 I ordered Lieutenant Sewell to attack the Hezbollah leader. 704 00:39:53,670 --> 00:39:58,670 The man was responsible for bombing the Marine barracks, for killing 283 of our 705 00:39:58,670 --> 00:40:01,690 people. According to our intelligence, he was supposed to be alone. 706 00:40:03,270 --> 00:40:04,730 I regret that he wasn't. 707 00:40:05,650 --> 00:40:11,290 Colonel, right or wrong, it was an unprovoked attack in violation of the 708 00:40:11,290 --> 00:40:12,290 of engagement. 709 00:40:12,510 --> 00:40:13,990 I did what I thought was necessary. 710 00:40:14,230 --> 00:40:17,290 But, Colonel, you just testified that you would never tell your men to do 711 00:40:17,290 --> 00:40:19,270 anything that would contravene a standing order. 712 00:40:19,910 --> 00:40:23,830 Now, that wasn't exactly true in Lebanon, was it, sir? Not exactly, no. 713 00:40:24,050 --> 00:40:28,470 No, sir, and despite previous testimony, it wasn't true in Sierra Leone, either, 714 00:40:28,510 --> 00:40:29,510 was it? 715 00:40:30,610 --> 00:40:35,590 No. When Captain Shepard led the raid on Colonel Makani, he did so at your 716 00:40:35,590 --> 00:40:39,490 expressed desire and your complete knowledge, didn't he, Colonel? 717 00:40:45,140 --> 00:40:47,320 Yes. Thank you, sir. Nothing further. 718 00:40:47,920 --> 00:40:50,400 I did what I thought was necessary. 719 00:40:58,280 --> 00:41:00,180 The accused and counsel will rise. 720 00:41:03,940 --> 00:41:05,440 You may publish your finding. 721 00:41:07,460 --> 00:41:08,720 Captain William Shepard. 722 00:41:09,360 --> 00:41:13,200 On the charge and specification of willful dereliction of duty, this court 723 00:41:13,200 --> 00:41:14,660 you not guilty. 724 00:41:15,580 --> 00:41:20,820 On the charge and specification of negligent homicide, this court finds you 725 00:41:20,820 --> 00:41:23,100 guilty. This court is dismissed. 726 00:41:26,040 --> 00:41:27,040 Thank you, Commander. 727 00:41:27,240 --> 00:41:30,440 Congratulations, Captain. Now go home and spend time with your family. It's an 728 00:41:30,440 --> 00:41:31,440 order. Aye, aye, sir. 729 00:41:32,700 --> 00:41:33,700 Thank you so much. 730 00:41:34,320 --> 00:41:35,320 Congratulations, Tom. 731 00:41:35,800 --> 00:41:37,320 I don't mind too much losing this one. 732 00:41:37,660 --> 00:41:38,660 Cheers. 733 00:41:40,270 --> 00:41:41,290 Good job. Thank you. 734 00:41:46,370 --> 00:41:46,930 I 735 00:41:46,930 --> 00:41:56,370 defended 736 00:41:56,370 --> 00:42:01,930 my client. It's the only picture I'm allowed to see. 737 00:42:03,540 --> 00:42:06,540 Peacekeeping may be unpopular harm, but it's the right thing to do. Colonel 738 00:42:06,540 --> 00:42:10,920 Klesko was one of the few who understood that. This wasn't a campaign stop, 739 00:42:11,200 --> 00:42:12,400 Congresswoman Latham. 740 00:42:14,220 --> 00:42:15,220 You're his friend. 741 00:42:15,280 --> 00:42:17,120 Maybe you can talk some sense into him. 742 00:42:17,640 --> 00:42:19,400 With all due respect, ma 'am, I agree with him. 743 00:42:19,900 --> 00:42:22,000 You can't do peacekeeping when there's no peace to be kept. 744 00:42:22,260 --> 00:42:25,900 Look, I'm not against humanitarian missions, Bobby, but I am against... 745 00:42:26,430 --> 00:42:30,230 Politician, sending people into combat and not giving them the chance to defend 746 00:42:30,230 --> 00:42:34,130 themselves. I'm not apologizing for what I did harm. Do you think the military 747 00:42:34,130 --> 00:42:38,990 is the only place where superiors suggest courses of action and leave you 748 00:42:38,990 --> 00:42:39,990 interpret the rest? 749 00:42:40,510 --> 00:42:43,710 Are you telling me that somebody else told you to send those messages? 750 00:43:00,840 --> 00:43:02,220 I know you had a job to do, Commander. 751 00:43:03,660 --> 00:43:04,660 There's going to be an inquiry. 752 00:43:06,720 --> 00:43:07,720 Yes, sir, I've heard. 753 00:43:09,220 --> 00:43:10,360 I might need a good lawyer. 754 00:43:11,320 --> 00:43:12,680 You know where to find me, Colonel. 755 00:43:17,360 --> 00:43:21,080 Sir, I was thinking of stopping by the Oak Club on the way home. Can I buy you 756 00:43:21,080 --> 00:43:22,080 drink? 757 00:43:22,520 --> 00:43:23,520 No, thanks, Commander. 758 00:43:24,180 --> 00:43:25,640 I have five more visits to make. 759 00:43:27,000 --> 00:43:28,420 Well, if you'd like some company, Colonel. 760 00:43:30,240 --> 00:43:32,780 This is one mission that can't be delegated or shared commander. 761 00:43:35,600 --> 00:43:36,640 We'll have that drink someday.