1 00:01:14,060 --> 00:01:15,580 This is Sierra Tango 6. 2 00:01:16,160 --> 00:01:18,540 Media support, re -designate position. 3 00:01:19,000 --> 00:01:20,000 Check out. 4 00:01:20,460 --> 00:01:22,840 Roger, Sierra Tango 6. Word inbound. 5 00:01:23,060 --> 00:01:24,060 Roger that. 6 00:02:54,769 --> 00:02:57,890 Glad things worked out for you, bud. I'm sure you are, sir. Excuse me, 7 00:02:57,890 --> 00:03:00,870 Lieutenant. The Admiral would like to see you. Thank you, Tyner. 8 00:03:01,090 --> 00:03:02,830 Not you, ma 'am. Lieutenant Roberts. 9 00:03:03,630 --> 00:03:04,630 Uh, now? 10 00:03:04,690 --> 00:03:06,810 Just as soon as he's done with the Commander and the Colonel, sir. 11 00:03:08,110 --> 00:03:09,110 Thank you, Tyner. 12 00:03:12,770 --> 00:03:17,530 Special Ops tracked Mustafa Atif, an Al -Qaeda leader, to a remote village in 13 00:03:17,530 --> 00:03:18,530 the mountains of Afghanistan. 14 00:03:19,630 --> 00:03:22,070 SEAL team was sent in to take him out, but they were ambushed. 15 00:03:22,410 --> 00:03:25,950 I've seen the reports, sir. Four Afghan civilians were killed and three SEALs 16 00:03:25,950 --> 00:03:28,550 wounded. And so was Stuart Dunstan. 17 00:03:29,130 --> 00:03:31,630 Stuart Dunstan? On a combat mission? 18 00:03:32,670 --> 00:03:37,450 Some knucklehead had the bright idea that a TV correspondent would give the 19 00:03:37,450 --> 00:03:38,349 good PR. 20 00:03:38,350 --> 00:03:39,990 This aired two hours ago. 21 00:03:40,210 --> 00:03:44,070 More questions today about the SEALs' ill -fated mission in Jawaharlal. 22 00:03:52,400 --> 00:03:54,520 Al -Qaeda chief Mustafa Atif escaped. 23 00:03:55,140 --> 00:03:59,720 CNN has now learned that of the nine Afghans killed, four were civilians. 24 00:04:00,440 --> 00:04:02,740 What's the explanation for this collateral damage? 25 00:04:03,200 --> 00:04:05,860 None as yet. The Navy is not talking. 26 00:04:06,440 --> 00:04:07,880 This is Stuart Dunstan. 27 00:04:08,960 --> 00:04:11,440 Central Command confirms there's civilian casualties. 28 00:04:12,780 --> 00:04:13,780 You two investigate. 29 00:04:14,120 --> 00:04:14,739 That'll be all. 30 00:04:14,740 --> 00:04:15,599 Aye, sir. 31 00:04:15,600 --> 00:04:16,600 Aye, sir. 32 00:04:18,700 --> 00:04:20,260 Tyner, I'm ready for Roberts. 33 00:04:20,480 --> 00:04:21,480 Aye, sir. 34 00:04:22,270 --> 00:04:26,490 Commander, he can't be getting orders to go to Europe, can he? Who? Roberts. 35 00:04:26,730 --> 00:04:30,550 He sleeps through a trial and gets the med? Would that be fair? If you're 36 00:04:30,550 --> 00:04:33,010 pumping me for information, Lieutenant, I don't know anything. 37 00:04:33,390 --> 00:04:36,830 Can you imagine Roberts in Naples? I bet he puts ketchup on his pasta. 38 00:04:37,250 --> 00:04:38,250 Bud's going to Italy? 39 00:04:38,730 --> 00:04:39,730 Unconfirmed rumor. 40 00:04:39,770 --> 00:04:42,470 I butt my butt and he babysits his kid. 41 00:04:43,150 --> 00:04:44,150 Sir, ma 'am? 42 00:04:44,550 --> 00:04:45,550 Bud? Lieutenant? 43 00:04:46,270 --> 00:04:48,370 Nothing wrong with being a family man, Lieutenant. 44 00:04:49,080 --> 00:04:52,900 Or playing your family for all they're worth, sir. Bud doesn't play his family, 45 00:04:53,020 --> 00:04:53,919 Lieutenant. 46 00:04:53,920 --> 00:04:55,200 Maybe I should get a dog. 47 00:04:56,320 --> 00:04:57,320 Pitbull. 48 00:04:58,040 --> 00:05:00,340 At ease. 49 00:05:00,840 --> 00:05:05,500 Well, Mr. Roberts, your orders came through, Lieutenant. 50 00:05:07,120 --> 00:05:08,120 Yes, sir. 51 00:05:09,780 --> 00:05:11,240 The USS Seahawk. 52 00:05:12,680 --> 00:05:13,680 Thank you, Admiral. 53 00:05:14,760 --> 00:05:16,960 Wow, I guess you really can't go home again. 54 00:05:17,760 --> 00:05:21,600 Only this time as carrier judge advocate for 5 ,000 crewmen. 55 00:05:21,900 --> 00:05:23,100 It's a dream assignment, sir. 56 00:05:23,380 --> 00:05:27,400 Sea duty in time of war, Lieutenant, would be great for your record. And 57 00:05:27,400 --> 00:05:28,400 do a fine job. 58 00:05:29,060 --> 00:05:32,140 Now, go kiss your wife, hug your son, pack your sea bags. 59 00:05:33,420 --> 00:05:34,420 Aye, aye, sir. 60 00:05:35,900 --> 00:05:39,400 And Admiral, thank you for your confidence in me. 61 00:05:39,940 --> 00:05:43,640 Last time I was deployed, I didn't have a family. 62 00:05:44,340 --> 00:05:47,820 Lieutenant, you will lie awake every night thinking about them. 63 00:05:48,300 --> 00:05:50,760 But they'll be okay, and so will you. 64 00:05:54,500 --> 00:05:56,140 I've had a chance to visit with my men. 65 00:05:56,720 --> 00:05:59,160 None of their wounds are life -threatening, thank God. 66 00:05:59,560 --> 00:06:01,600 You authorized the mission, Commander Curry? 67 00:06:01,820 --> 00:06:04,020 I gave the good to go based on the intel I had. 68 00:06:04,900 --> 00:06:09,200 Mustafa Atif was purported to be in Jawa, Chile, with just a small group of 69 00:06:09,200 --> 00:06:10,880 bodyguards. What happened? 70 00:06:11,720 --> 00:06:15,280 The bodyguards turned out to be a heavily armed Taliban squad just waiting 71 00:06:15,280 --> 00:06:16,280 our assault force. 72 00:06:16,460 --> 00:06:18,860 If we hadn't have gotten a gunship in there, it would have been a slaughter. 73 00:06:19,400 --> 00:06:20,860 Coffee? Sure. 74 00:06:22,120 --> 00:06:23,920 Why was Dunstan with your men, anyway? 75 00:06:24,380 --> 00:06:26,280 It wasn't my idea. One of my bosses. 76 00:06:26,700 --> 00:06:28,760 The order came from Joint Special Ops Command. 77 00:06:29,160 --> 00:06:30,160 Any idea who? 78 00:06:30,640 --> 00:06:31,640 I asked. 79 00:06:31,940 --> 00:06:35,740 A one -star told me he came straight from the top. That's when I stopped 80 00:06:36,260 --> 00:06:38,920 If Dunstan hadn't been there, would things have gone down differently? 81 00:06:39,280 --> 00:06:40,420 At least one thing, Commander. 82 00:06:41,000 --> 00:06:42,800 The story wouldn't be the lead on the nightly news. 83 00:06:43,540 --> 00:06:45,160 So Dunstan didn't get in the way? 84 00:06:45,600 --> 00:06:47,180 You'll have to ask Lieutenant Lassovic. 85 00:06:48,880 --> 00:06:50,700 Sounds to me like you were ambushed. 86 00:06:50,980 --> 00:06:51,980 Yes, sir. 87 00:06:52,040 --> 00:06:54,840 We were lying to Elman as a surprise, but they were waiting for us. 88 00:06:55,560 --> 00:06:58,040 How did Lieutenant Lassovic respond, Petty Officer Hamilton? 89 00:06:58,980 --> 00:07:00,020 By the book, ma 'am. 90 00:07:00,840 --> 00:07:01,980 No radio transmission? 91 00:07:03,260 --> 00:07:04,720 Not until we took fire, Colonel. 92 00:07:05,200 --> 00:07:06,640 Did you maintain radio silence? 93 00:07:06,980 --> 00:07:09,420 From the moment we left Canahar until we were ambushed, sir. 94 00:07:09,960 --> 00:07:11,840 What about Stuart Dunstan? Was he a distraction? 95 00:07:13,000 --> 00:07:14,000 He's got a lot of mouth. 96 00:07:15,420 --> 00:07:17,600 What about Dunstan? Did he cause any problems? 97 00:07:19,080 --> 00:07:20,960 At first, ma 'am, I thought he was a real jerk. 98 00:07:21,940 --> 00:07:23,380 Bragging about all the action he'd seen. 99 00:07:25,720 --> 00:07:27,780 There were a few times I had to remind him who was in charge. 100 00:07:28,980 --> 00:07:30,240 Well, that sounds like Dunstan. 101 00:07:31,360 --> 00:07:34,220 Yeah, but I'm not going to try and pin anything on him. 102 00:07:37,580 --> 00:07:38,620 Dunstan saved my life. 103 00:07:39,260 --> 00:07:43,280 What? He crawled out from behind cover and got me after I went down. 104 00:07:44,180 --> 00:07:45,300 That's how he got shot. 105 00:07:45,680 --> 00:07:47,120 We watched tapes of his broadcast. 106 00:07:47,400 --> 00:07:48,420 He never reported that. 107 00:07:49,940 --> 00:07:51,360 I guess he's modest, man. 108 00:07:56,660 --> 00:07:59,580 Why didn't you mention saving Petty Officer Hamilton's life? 109 00:07:59,870 --> 00:08:04,270 Rav, you know me. I try and report the news, not make it. I seem to remember 110 00:08:04,270 --> 00:08:08,770 during Desert Storm dodging missiles on live TV stories and loving every minute 111 00:08:08,770 --> 00:08:09,269 of it. 112 00:08:09,270 --> 00:08:11,970 Well, I've matured a lot since then, as you have. 113 00:08:12,290 --> 00:08:14,450 Besides, the real heroes are the SEALs. 114 00:08:14,690 --> 00:08:16,610 Too bad they had such lousy intelligence. 115 00:08:17,350 --> 00:08:21,190 Meaning? Too few men inserted into an area with too many Taliban. 116 00:08:21,530 --> 00:08:24,370 Plus, we know Mustafa Atif escaped, so the mission fails. 117 00:08:24,630 --> 00:08:27,910 The SEALs suffer three casualties and kill four innocent civilians. 118 00:08:28,210 --> 00:08:29,210 Take a seat. 119 00:08:30,120 --> 00:08:32,440 Intel is never perfect in combat. 120 00:08:33,000 --> 00:08:35,840 Yes, I know, Colonel, the fog of war. 121 00:08:36,100 --> 00:08:37,100 But tell me this. 122 00:08:37,400 --> 00:08:41,179 Why didn't Commander Curry send a reconnaissance drone over the area 123 00:08:41,179 --> 00:08:42,179 sending his men in? 124 00:08:42,760 --> 00:08:46,760 Predator they were scheduled to use had been reported shot down the day before. 125 00:08:47,400 --> 00:08:48,760 Well, that should have told them something. 126 00:08:50,300 --> 00:08:54,520 Hey, Jimmy. Oh, this is Jimmy Baker, my associate producer. This is Colonel 127 00:08:54,520 --> 00:08:55,840 McKenzie and Commander Rabb. 128 00:08:56,120 --> 00:08:57,120 Hello. 129 00:08:57,580 --> 00:08:58,580 Coffee? 130 00:08:59,280 --> 00:09:00,900 Please. Oh, let me do that, Stuart. 131 00:09:01,120 --> 00:09:02,120 Thank you. 132 00:09:02,280 --> 00:09:06,580 Ginny learned to make Turkish coffee and Mombar Mashi while studying in Egypt. 133 00:09:07,360 --> 00:09:09,540 I also learned five languages, Stuart. 134 00:09:10,100 --> 00:09:11,100 Sorry. 135 00:09:11,460 --> 00:09:13,940 Cairo University is renowned for its language program. 136 00:09:14,260 --> 00:09:15,700 And its exotic locale. 137 00:09:16,220 --> 00:09:20,040 One of the benefits of having a father in the Foreign Service. I grew up in 138 00:09:20,040 --> 00:09:21,660 London, but we traveled everywhere. 139 00:09:22,180 --> 00:09:24,560 Truth is, I couldn't even do my job without Ginny. 140 00:09:25,090 --> 00:09:29,590 All I do is translate cables, charter planes, and rent an occasional camel. 141 00:09:30,110 --> 00:09:31,650 Stuart is the one who risks his life. 142 00:09:36,150 --> 00:09:39,650 Mac, we don't let the media decide when one of our officers in charge is guilty 143 00:09:39,650 --> 00:09:42,730 of dereliction. But we listen to all the evidence regardless of where it comes 144 00:09:42,730 --> 00:09:46,270 from. Dunstan shouldn't even have been on a mission in the first place. Why 145 00:09:46,350 --> 00:09:47,870 Military actions are the public's business. 146 00:09:48,290 --> 00:09:49,249 Here we go again. 147 00:09:49,250 --> 00:09:52,210 The media are just as important as the military in defending liberty. But 148 00:09:52,210 --> 00:09:53,330 there's a big difference. 149 00:09:53,740 --> 00:09:56,120 We have to account for our actions all the way up the chain of command. 150 00:09:56,320 --> 00:10:00,380 Who polices the media? In our system, no one, except maybe the public. The media 151 00:10:00,380 --> 00:10:01,440 are the public's eyes and ears. 152 00:10:01,680 --> 00:10:02,680 And its mouth. 153 00:10:02,780 --> 00:10:05,840 Didn't we have this debate about a thousand years ago? Third year at the 154 00:10:05,840 --> 00:10:09,920 academy. I wrote a paper on how the media influenced the Vietnam War. A 155 00:10:09,920 --> 00:10:12,300 influence, according to him. No, not entirely. 156 00:10:12,760 --> 00:10:15,660 And we can't expect the media to be our cheerleaders. And we shouldn't blame the 157 00:10:15,660 --> 00:10:16,660 media when we screw up. 158 00:10:16,880 --> 00:10:18,800 They shouldn't blame us when we don't. 159 00:10:21,220 --> 00:10:22,420 Commander. Colonel. 160 00:10:23,060 --> 00:10:25,580 Commander, we haven't reached a conclusion yet. We're still in 161 00:10:26,280 --> 00:10:27,940 Oh, then you need to see this. 162 00:10:29,940 --> 00:10:32,400 We had an intel collection squad sweep the area. 163 00:10:34,240 --> 00:10:38,240 The register on your video phone shows a satellite transmission 51 minutes 164 00:10:38,240 --> 00:10:39,680 before the assault force was attacked. 165 00:10:40,540 --> 00:10:43,800 I called in. The assignment desk needed to know if they were getting a stand -up 166 00:10:43,800 --> 00:10:44,239 or not. 167 00:10:44,240 --> 00:10:49,200 You were under orders not to call anybody unless cleared by Lieutenant 168 00:10:49,660 --> 00:10:52,120 With the lieutenant, I was under orders not to breathe. 169 00:10:52,880 --> 00:10:56,460 Well, now, Stuart, we know why you didn't take credit for saving Petty 170 00:10:56,460 --> 00:10:57,460 Hamilton. 171 00:10:58,340 --> 00:11:02,560 Really? You knew you screwed up. You didn't want to draw attention to your 172 00:11:02,560 --> 00:11:03,560 conduct on the mission. 173 00:11:04,060 --> 00:11:07,760 Come on, Rab. What did I do? Phone home? Your call could have been picked up by 174 00:11:07,760 --> 00:11:08,760 the Taliban. 175 00:11:08,860 --> 00:11:12,960 Not unless they hijacked an AWAC. These guys are riding horses and sending smoke 176 00:11:12,960 --> 00:11:16,140 signals. We're going to need all your network's records of your activities in 177 00:11:16,140 --> 00:11:17,140 Afghanistan. 178 00:11:17,400 --> 00:11:18,980 You two ever hear of the First Amendment? 179 00:11:19,280 --> 00:11:22,200 You can't impede an investigation by yelling free press. 180 00:11:22,780 --> 00:11:25,820 Fine, and you can't blame me for the military's mistakes. 181 00:11:38,320 --> 00:11:41,260 The news media are the best friends we have. 182 00:11:41,740 --> 00:11:45,380 I know a lot of senior officers that would disagree with that, Mr. Secretary. 183 00:11:45,760 --> 00:11:48,700 Sure, A .J., because they're stuck in the Vietnam mode. 184 00:11:49,520 --> 00:11:53,800 Today, if you want appropriations for the Joint Strike Fighter, take a network 185 00:11:53,800 --> 00:11:55,760 correspondent for a ride in an F -18. 186 00:11:56,620 --> 00:12:00,780 Congress threatening to cut back the Marines' budget? Let a reporter drive a 187 00:12:00,780 --> 00:12:01,780 tank. 188 00:12:02,260 --> 00:12:04,640 This isn't about appropriations, sir. 189 00:12:05,040 --> 00:12:08,520 No, it's about biting the hand that feeds us. 190 00:12:08,800 --> 00:12:10,660 Problem is, the media bite back. 191 00:12:11,360 --> 00:12:13,740 Do you know who's called me already today? 192 00:12:14,500 --> 00:12:15,500 No. Who knows that? 193 00:12:16,040 --> 00:12:18,140 The Secretary of Defense. 194 00:12:18,640 --> 00:12:23,400 the Secretary of State, and the President's chief political advisor. 195 00:12:23,600 --> 00:12:25,260 And do you know why? 196 00:12:26,300 --> 00:12:31,180 Because two JAG officers, who should know better, have been harassing a well 197 00:12:31,180 --> 00:12:32,260 -known war correspondent. 198 00:12:32,680 --> 00:12:34,780 This isn't harassment, Mr. Secretary. 199 00:12:35,140 --> 00:12:38,580 Dunson might have been responsible for three SEALs being seriously injured and 200 00:12:38,580 --> 00:12:40,400 four innocent civilians being killed. 201 00:12:40,680 --> 00:12:42,180 Well, let's say he was. 202 00:12:42,910 --> 00:12:48,030 Let's say that his call was somehow picked up by the Taliban while they were 203 00:12:48,030 --> 00:12:50,410 roasting goat sprains over an open fire. 204 00:12:52,070 --> 00:12:57,450 How would you prove it? Where would you prove it? Sir, we're all aware that 205 00:12:57,450 --> 00:12:59,890 there is a jurisdiction problem here. 206 00:13:00,210 --> 00:13:04,890 The problem, A .J.? Nothing happened on our soil. He committed no crime. 207 00:13:05,840 --> 00:13:07,780 He's not even a member of the military. 208 00:13:08,200 --> 00:13:11,900 That may be true, sir. He's not a foreign terrorist we can ship off to 209 00:13:11,900 --> 00:13:12,900 Guantanamo, is he? 210 00:13:13,140 --> 00:13:16,260 No, sir. Or try and secret on some ship? 211 00:13:16,480 --> 00:13:19,000 No, sir. He's a civilian entitled to due process. 212 00:13:19,860 --> 00:13:21,520 Then he is beyond our reach. 213 00:13:21,880 --> 00:13:23,720 That's not entirely true, Mr. Secretary. 214 00:13:24,740 --> 00:13:29,280 Title 10, Article 802. Anyone who accompanies an armed force into the 215 00:13:29,280 --> 00:13:31,460 during wartime is subject to military justice. 216 00:13:32,480 --> 00:13:34,840 Do you want a court -martial, Stuart Dunstan? 217 00:13:35,870 --> 00:13:39,730 Possibly, sir. On grounds of disobeying a direct order in combat. 218 00:13:40,850 --> 00:13:42,370 A .J., you approve of this? 219 00:13:43,650 --> 00:13:48,290 I take recommendations from my senior staff very seriously, sir. 220 00:13:49,750 --> 00:13:52,810 Do you know the mudstorm that is going to hit us? 221 00:13:54,230 --> 00:13:57,910 Respectfully, sir, our job is to follow the evidence wherever it may lead. 222 00:13:58,410 --> 00:14:00,350 Great. That's just great. 223 00:14:01,680 --> 00:14:06,480 Are you going after anyone else I should know about? Dan Rather? Tom Brokaw? 224 00:14:07,080 --> 00:14:08,080 No, sir. 225 00:14:08,120 --> 00:14:11,800 But someone who should be taken to task is the person who authorized this 226 00:14:11,800 --> 00:14:12,860 mission in the first place. 227 00:14:14,060 --> 00:14:15,060 Really? 228 00:14:16,000 --> 00:14:17,120 That would be me. 229 00:14:22,540 --> 00:14:23,660 What the hell is this? 230 00:14:23,900 --> 00:14:26,460 A subpoena. From a military court? 231 00:14:26,940 --> 00:14:27,759 News flash. 232 00:14:27,760 --> 00:14:28,760 I'm not in the Navy. 233 00:14:28,860 --> 00:14:31,440 When you're with a SEAL team, you're required to follow orders. 234 00:14:31,760 --> 00:14:35,800 The military is just plain paranoid about the media. With good reason. 235 00:14:35,840 --> 00:14:39,840 Rab. We're getting briefings in hotel lobbies. You don't let us near the scene 236 00:14:39,840 --> 00:14:41,420 when there are friendly fire casualties. 237 00:14:41,700 --> 00:14:45,260 And then you wonder why we don't buy everything you try to sell us. I don't 238 00:14:45,260 --> 00:14:46,660 wonder, Stuart. I don't care. 239 00:14:47,080 --> 00:14:50,240 Trust us a little. Reporters are as patriotic as soldiers. 240 00:14:50,520 --> 00:14:53,260 The problem isn't disloyalty. It's that reporters don't know what might 241 00:14:53,260 --> 00:14:56,120 compromise a mission. Come on. We're not going to reveal troop movements. 242 00:14:57,410 --> 00:15:03,350 Really? It seems a certain magazine reporter was given inside information on 243 00:15:03,350 --> 00:15:05,210 invasion of Panama on December 89. 244 00:15:05,850 --> 00:15:09,210 After a few drinks at the office Christmas party, he let the information 245 00:15:10,290 --> 00:15:11,290 Mistakes will happen. 246 00:15:11,470 --> 00:15:13,970 Mistakes like those cost people's lives. 247 00:15:14,990 --> 00:15:18,450 You're required to turn over phone logs, videotapes, and all other documents 248 00:15:18,450 --> 00:15:21,550 related to the mission. You can start with the tape of your staff call. 249 00:15:21,750 --> 00:15:24,790 Excuse me, Stuart. I finished translating the Al Jazeera broadcast. 250 00:15:25,450 --> 00:15:28,050 Ginny, get me somebody from legal down here. Right away. 251 00:15:29,370 --> 00:15:32,250 Your lawyers can move to quash the subpoena, but they'll lose. 252 00:15:34,070 --> 00:15:35,130 I don't get you two. 253 00:15:36,090 --> 00:15:37,090 You've been around. 254 00:15:37,190 --> 00:15:38,670 You ought to know how this town works. 255 00:15:39,190 --> 00:15:40,190 Rule number one. 256 00:15:41,170 --> 00:15:43,010 Never attack the guy with the microphone. 257 00:15:43,870 --> 00:15:45,530 He always gets the last word. 258 00:15:49,930 --> 00:15:53,870 We entered at 2200 Dulu, about eight clicks north of Jawarki Lake. 259 00:15:54,110 --> 00:15:56,770 The VNN Bureau logged Dunstan's call about two hours later. 260 00:15:57,030 --> 00:16:00,050 I remember him creeping behind some boulders. He said he had to use the 261 00:16:00,050 --> 00:16:02,070 facilities. He even borrowed my e -tool. 262 00:16:02,650 --> 00:16:03,650 Take a look. 263 00:16:05,130 --> 00:16:07,870 Hey, Jenny. How about getting someone to order us up some pizzas? 264 00:16:08,410 --> 00:16:12,730 Yeah, you'll get them flown in specially, after we get your stand -up. 265 00:16:12,730 --> 00:16:15,790 hold your breath. Taliban are more scarce around here than strippers in 266 00:16:15,790 --> 00:16:17,470 Kandahar. Back post this. 267 00:16:19,080 --> 00:16:20,080 That's not time code. 268 00:16:20,440 --> 00:16:25,240 33 degrees 7 minutes, 6 seconds north, 69 degrees 54 minutes, 7 seconds east. 269 00:16:25,580 --> 00:16:26,580 Geographic coordinates. 270 00:16:27,220 --> 00:16:30,380 Anybody picking this up would know the exact location of the seals. 271 00:16:31,160 --> 00:16:33,980 There's no proof that Dunstan's transmission was intercepted. 272 00:16:34,380 --> 00:16:35,460 Let's take a look at the rest. 273 00:16:37,120 --> 00:16:38,600 Have they told you where you're headed? 274 00:16:52,650 --> 00:16:55,690 It's an admission he knew about the orders and willfully violated them. 275 00:16:56,230 --> 00:16:58,830 Still no nexus between the call and the ambush. 276 00:17:00,210 --> 00:17:01,990 What's all this lawyer talk about, Commander? 277 00:17:02,590 --> 00:17:05,470 Means it's not going to be easy finding someone to file charges. 278 00:17:05,750 --> 00:17:07,589 And even harder to prove them. 279 00:17:16,930 --> 00:17:17,930 Wow, 280 00:17:21,710 --> 00:17:26,430 French. Yeah, well, I'll be getting sea pay and hazardous duty pay. 281 00:17:26,930 --> 00:17:29,470 And I'll be on fast track to make lieutenant commander. 282 00:17:30,050 --> 00:17:31,890 Looks beautiful. Here you are, sweetie. 283 00:17:32,130 --> 00:17:33,130 Thank you. 284 00:17:34,230 --> 00:17:36,870 Honey, sea duty is just the beginning. 285 00:17:37,250 --> 00:17:39,870 My next orders could be to battle group Jag. 286 00:17:41,750 --> 00:17:42,750 Cheers. 287 00:17:42,890 --> 00:17:43,890 Cheers. 288 00:17:48,070 --> 00:17:50,830 I thought that this is what you wanted. 289 00:17:52,080 --> 00:17:53,079 I did. 290 00:17:53,080 --> 00:17:54,080 I do. 291 00:17:55,340 --> 00:17:58,740 But now it's just seeming very real suddenly. 292 00:18:00,280 --> 00:18:02,580 Honey, I'm going to miss you too. 293 00:18:04,260 --> 00:18:05,440 It's a two -year assignment. 294 00:18:06,200 --> 00:18:08,100 Six -month deployment on the Seahawk. 295 00:18:09,860 --> 00:18:12,100 How many candlelight dinners like this are we going to have? 296 00:18:14,040 --> 00:18:16,160 Well, the ones we do have will be all the sweeter. 297 00:18:18,640 --> 00:18:19,640 Some husbands... 298 00:18:21,160 --> 00:18:22,200 Foreign ports. 299 00:18:23,660 --> 00:18:25,080 They get lonely. 300 00:18:25,480 --> 00:18:28,180 Oh, no, no, never. 301 00:18:29,040 --> 00:18:30,040 Never. 302 00:18:35,160 --> 00:18:36,160 What about dinner? 303 00:18:51,120 --> 00:18:52,120 He can wait. 304 00:19:00,320 --> 00:19:02,100 Admiral, I was hoping to see you. 305 00:19:02,380 --> 00:19:03,299 What is it, Lieutenant? 306 00:19:03,300 --> 00:19:06,420 Now that Roberts is transferring out, I was just wondering... Commander Rabb 307 00:19:06,420 --> 00:19:08,280 will be dividing up Roberts' account. 308 00:19:08,500 --> 00:19:12,300 Yes, sir. I just thought, sir, the Crawford court -martial, Roberts hasn't 309 00:19:12,300 --> 00:19:14,620 much time to work it out. Perhaps I should dig into it. 310 00:19:17,780 --> 00:19:18,780 Crawford. 311 00:19:19,310 --> 00:19:24,350 I thought we were farming out Crawford to NLSO in Naples. Isn't it a simple UA? 312 00:19:24,610 --> 00:19:25,810 Not so simple, sir. 313 00:19:26,090 --> 00:19:30,170 Crawford went UA, got drunk, busted up Una Batola, stole a Vespa, rode it into 314 00:19:30,170 --> 00:19:32,990 the Mediterranean, caused quite a fuss over there. 315 00:19:34,310 --> 00:19:35,310 Una Batola? 316 00:19:37,250 --> 00:19:39,110 Angling for a trip to Naples, Lieutenant? 317 00:19:40,150 --> 00:19:42,030 I have been studying Italian, sir. 318 00:19:42,350 --> 00:19:43,350 Excuse me, sir. 319 00:19:43,670 --> 00:19:45,530 The commander and the colonel are waiting for you. 320 00:19:46,310 --> 00:19:48,250 Lieutenant? Thank you, Turner. 321 00:19:48,720 --> 00:19:49,720 Anytime, sir. 322 00:19:50,200 --> 00:19:54,200 Read your report. Any precedent for the military going after a journalist? 323 00:19:54,600 --> 00:19:59,200 Well, sir, Abraham Lincoln wanted to prosecute a New York Times editor for 324 00:19:59,200 --> 00:20:01,680 publishing troop movements during the first battle of Bull Run. 325 00:20:01,880 --> 00:20:05,740 And for encouraging Union soldiers to desert, but Lincoln decided against it. 326 00:20:05,880 --> 00:20:08,000 There was also an incident in the War of 1812. 327 00:20:08,820 --> 00:20:09,960 War of 1812? 328 00:20:10,280 --> 00:20:13,580 Yes, sir. After the battle for New Orleans, General Andrew Jackson ordered 329 00:20:13,580 --> 00:20:17,120 newspaper editor, court -martialed, sir, for publishing a story that hadn't been 330 00:20:17,120 --> 00:20:20,010 approved. The war ended and the prosecution was dropped. 331 00:20:20,770 --> 00:20:23,570 Recommendations? Under Section 802... I know. 332 00:20:24,030 --> 00:20:28,010 Dunstan was with an armed force during time of war and in theory is subject to 333 00:20:28,010 --> 00:20:29,010 military justice. 334 00:20:29,090 --> 00:20:29,949 Yes, sir. 335 00:20:29,950 --> 00:20:31,550 But he had no commanding officer. 336 00:20:34,150 --> 00:20:38,730 Who has the authority to convene such a poor marshal? Well, under Section 22A of 337 00:20:38,730 --> 00:20:41,470 the UCMJ, sir, there is one person. 338 00:20:49,040 --> 00:20:50,040 Yes, Mr. President. 339 00:20:51,740 --> 00:20:55,420 That's right, Lincoln never did, and the newspapers kept printing orders of 340 00:20:55,420 --> 00:20:56,420 battle and troop movements. 341 00:20:59,160 --> 00:21:04,680 Well, sir, if we do decide to prosecute, the news media will raise hell and you 342 00:21:04,680 --> 00:21:05,680 will take some heat. 343 00:21:09,880 --> 00:21:13,040 No, sir, I would not recommend that you get out of the kitchen. 344 00:21:13,640 --> 00:21:16,580 Hey, wait a minute, wait a minute. You can't go in there. Yes, we can. He's 345 00:21:16,580 --> 00:21:20,660 going on the air. We have something he might want to report. Mike, check. Now 346 00:21:20,660 --> 00:21:25,220 the time for all good men to come to the aid of their country. I don't know how 347 00:21:25,220 --> 00:21:27,520 they got past security, Stuart. It's okay, Jenny. 348 00:21:27,760 --> 00:21:30,980 Stuart, we're on in 30. What is it, Rab? You've got 25 seconds. 349 00:21:31,300 --> 00:21:34,940 Stuart Dunstan, by order of the President of the United States, a court 350 00:21:34,940 --> 00:21:37,380 is hereby convened to hear criminal charges against you. 351 00:21:38,020 --> 00:21:39,020 Court -martial? 352 00:21:39,560 --> 00:21:40,600 You've got to be kidding. 353 00:21:40,860 --> 00:21:42,340 Oh, this is no joke, Stuart. 354 00:21:42,860 --> 00:21:44,000 You're in the Navy now. 355 00:22:02,040 --> 00:22:04,100 Navy scapegoats the media. 356 00:22:04,780 --> 00:22:09,520 Investigation or witch hunt. And my personal favorite, Navy's image sinks. 357 00:22:10,120 --> 00:22:11,660 I've seen him, Mr. Secretary. 358 00:22:12,220 --> 00:22:16,020 But the president knew we'd take some hits when he convened the court 359 00:22:16,160 --> 00:22:17,780 And I'll live with that decision. 360 00:22:18,240 --> 00:22:21,640 But I don't want to win the battle in the courtroom and lose the war on the 361 00:22:21,640 --> 00:22:22,680 editorial pages. 362 00:22:23,820 --> 00:22:24,920 Take a look at this. 363 00:22:27,300 --> 00:22:29,740 Stewart, are you guilty of a crime? 364 00:22:29,980 --> 00:22:31,760 I'm guilty of trying to do my job. 365 00:22:32,100 --> 00:22:35,220 The only job specifically protected by the U .S. Constitution. 366 00:22:35,500 --> 00:22:40,340 The military claims that you violated an order. And as a result, four Afghan 367 00:22:40,340 --> 00:22:41,380 civilians were killed. 368 00:22:41,840 --> 00:22:43,100 and three Navy SEALs wounded. 369 00:22:44,260 --> 00:22:48,160 Bad intelligence and flawed planning were to blame, not me. 370 00:22:48,820 --> 00:22:52,660 There's an old saying, Wendy, the first casualty of war is the truth. 371 00:22:52,920 --> 00:22:55,120 You're saying the military's managing the news? 372 00:22:55,420 --> 00:23:02,000 They did it in Panama, in Somalia, in Desert Storm, and they're doing it here. 373 00:23:04,720 --> 00:23:07,080 We've given Dunstan a bigger soapbox. 374 00:23:08,199 --> 00:23:11,420 So McKenzie and Rab will just knock him off it. 375 00:23:11,920 --> 00:23:14,380 Does the defense have any preliminary motions? 376 00:23:14,960 --> 00:23:18,740 Yes, Your Honor. Mr. Dunstan's civilian counsel has asked me to argue the motion 377 00:23:18,740 --> 00:23:22,240 to dismiss on the grounds that this court -martial lacks personal 378 00:23:22,240 --> 00:23:23,240 over Mr. Dunstan. 379 00:23:23,540 --> 00:23:25,180 I'm intrigued, Commander, to hear why. 380 00:23:25,720 --> 00:23:30,140 Mr. Stuart Dunstan, a civilian, is charged with two counts, violating an 381 00:23:30,140 --> 00:23:33,920 and aiding the enemy, both under the Uniform Code of Military Justice. 382 00:23:34,410 --> 00:23:38,490 Wasn't Mr. Dunstan accompanying a military unit engaged in combat in time 383 00:23:38,490 --> 00:23:42,970 war? In combat, yes. In time of war, no. We may talk about a war on terror, Your 384 00:23:42,970 --> 00:23:46,470 Honor, but that had no legal meaning without a declaration by Congress. 385 00:23:46,750 --> 00:23:50,830 Your Honor, there was no declaration of war in Vietnam, Korea, or in the Gulf 386 00:23:50,830 --> 00:23:54,730 War, for that matter. But I have no doubt, sir, that the men and women who 387 00:23:54,730 --> 00:23:57,170 served in those conflicts knew they were at war. 388 00:23:57,410 --> 00:23:59,410 Do you have authority to support that proposition? 389 00:24:00,220 --> 00:24:03,760 Your Honor, in United States v. Castillo, the Court of Military Review 390 00:24:03,760 --> 00:24:05,740 that Desert Storm was a de facto war. 391 00:24:06,020 --> 00:24:09,720 But the Court of Military Appeals ruled just the opposite, and U .S .B .F. read. 392 00:24:09,860 --> 00:24:13,520 It held that a civilian employed by the Army of Vietnam couldn't be tried for 393 00:24:13,520 --> 00:24:15,600 theft because Congress never declared war. 394 00:24:16,420 --> 00:24:20,720 So the cases are all over the waterfront. Your Honor, in these times, 395 00:24:20,720 --> 00:24:25,000 expect more undeclared wars on bands of terrorists than declared wars on 396 00:24:25,000 --> 00:24:26,000 sovereign nations. 397 00:24:26,440 --> 00:24:30,820 But for the safety of our men and women in combat, sir, it is imperative that 398 00:24:30,820 --> 00:24:33,420 civilians in the field be bound by military discipline. 399 00:24:34,200 --> 00:24:35,200 I agree. 400 00:24:35,660 --> 00:24:38,080 The accused motion for dismissal is denied. 401 00:24:38,440 --> 00:24:39,440 Thank you, Your Honor. 402 00:24:39,820 --> 00:24:41,540 But a word of warning. 403 00:24:42,140 --> 00:24:47,320 If all you prove is a technical violation of an order, this case will 404 00:24:47,320 --> 00:24:48,239 to the members. 405 00:24:48,240 --> 00:24:53,080 Sir. Unless you show that Mr. Dunson's conduct was the proximate cause of the 406 00:24:53,080 --> 00:24:55,810 ambush. I'll dismiss all charges and specifications. 407 00:25:00,150 --> 00:25:03,370 We're fighting to protect ourselves from violence. 408 00:25:04,710 --> 00:25:09,030 We're not equipped for this kind of trial. Our court is the only place for 409 00:25:09,030 --> 00:25:12,630 kind of trial. Military justice works just fine for the military. 410 00:25:12,930 --> 00:25:14,030 You're being used, partner. 411 00:25:14,250 --> 00:25:16,810 Being used is when you don't believe what you're saying, when you're just a 412 00:25:16,810 --> 00:25:17,810 mouthpiece. 413 00:25:18,350 --> 00:25:21,190 You're really buying into this. This isn't just lawyering. 414 00:25:23,280 --> 00:25:26,380 When I took an oath to defend the Constitution, that included the First 415 00:25:26,380 --> 00:25:29,800 Amendment. The First Amendment doesn't give the press the right to endanger 416 00:25:29,800 --> 00:25:30,800 lives. 417 00:25:31,000 --> 00:25:34,680 Thomas Jefferson once said, if he had to choose between a government without the 418 00:25:34,680 --> 00:25:37,140 press or the press without a government, he'd choose the press. 419 00:25:37,360 --> 00:25:39,000 Jefferson didn't know Stuart Dunstan. 420 00:25:39,540 --> 00:25:41,320 You really think that Dunstan's innocent? 421 00:25:41,660 --> 00:25:45,440 No, I think he's guilty of arrogance and conceit, but that doesn't mean we 422 00:25:45,440 --> 00:25:46,440 should court -martial him. 423 00:25:46,860 --> 00:25:51,900 For all the reasons we're fighting to win, and win we will. 424 00:25:53,070 --> 00:25:54,890 The president seems to think you're wrong. 425 00:25:55,330 --> 00:25:56,810 So he won't make me an admiral. 426 00:25:57,050 --> 00:25:59,830 The president's going to answer questions from the press after his 427 00:26:00,570 --> 00:26:04,270 Someone will ask him about the Dunstan case, won't they? That's all the media 428 00:26:04,270 --> 00:26:08,450 seems to be able to talk about. And whatever he says will be widely 429 00:26:08,450 --> 00:26:10,410 I see where you're going with this. It won't work. 430 00:26:10,750 --> 00:26:12,130 Depends on what the president says. 431 00:26:16,970 --> 00:26:19,010 Commander, what's the hardest part of being a submariner? 432 00:26:19,630 --> 00:26:20,730 Holding your breath. 433 00:26:22,440 --> 00:26:23,440 Oh, what's that? 434 00:26:23,460 --> 00:26:26,440 It's goose pate with deviled quail eggs. Would you like one? 435 00:26:26,660 --> 00:26:27,660 No, thanks. 436 00:26:31,220 --> 00:26:33,680 Admiral, I was hoping your new friend would be here. 437 00:26:34,100 --> 00:26:36,860 Who? That lovely woman that knows all about Shakespeare. 438 00:26:37,220 --> 00:26:39,680 Oh, she couldn't make it this evening. Excuse me, Lieutenant. 439 00:26:41,800 --> 00:26:43,660 What sort of cases are you expecting, bud? 440 00:26:44,110 --> 00:26:45,310 Oh, hot button issues, ma 'am. 441 00:26:45,730 --> 00:26:48,170 Approving tactical strikes on enemy targets. 442 00:26:48,470 --> 00:26:52,190 Working with allied legal officers on international treaties. 443 00:26:52,890 --> 00:26:54,650 Really? Oh, yes, sir. 444 00:26:54,910 --> 00:26:58,250 Perhaps even trying foreign terrorists in military tribunals. 445 00:26:58,450 --> 00:26:59,570 Sounds exciting, Lieutenant. 446 00:26:59,850 --> 00:27:03,090 Well, sir, compared to the mundane day -to -day work of JAG. 447 00:27:04,410 --> 00:27:07,070 Not that what we do here isn't important. 448 00:27:08,190 --> 00:27:09,650 Glad to hear you say that. 449 00:27:10,390 --> 00:27:13,290 It's just that, you know, international law is... Hotter button. 450 00:27:19,240 --> 00:27:23,360 The president said he supports punishing anyone who endangers American lives, 451 00:27:23,520 --> 00:27:24,720 including reporters. 452 00:27:25,280 --> 00:27:28,800 Now, that statement clearly refers to this trial and prejudices my client's 453 00:27:28,800 --> 00:27:29,699 rights. 454 00:27:29,700 --> 00:27:33,400 You're aware of the severity of such a charge, Commander? Yes, sir. But when 455 00:27:33,400 --> 00:27:36,920 convening authority makes televised statements calculated to influence the 456 00:27:36,920 --> 00:27:39,260 -martial, I would be derelict in my duty if I did not respond. 457 00:27:40,020 --> 00:27:42,420 The convening authority is the commander -in -chief. 458 00:27:42,700 --> 00:27:45,100 Which makes the statements even more egregious, Admiral. 459 00:27:45,320 --> 00:27:47,220 And your motion even more precarious. 460 00:27:48,300 --> 00:27:51,660 I recall when Charles Manson was on trial, President Nixon said he thought 461 00:27:51,660 --> 00:27:52,660 Manson was guilty. 462 00:27:52,680 --> 00:27:54,520 And the motion for mistrial was denied. 463 00:27:54,880 --> 00:27:57,960 But civilian jurors weren't dependent on President Nixon for promotion. 464 00:27:58,360 --> 00:28:01,900 Your Honor, the President merely said the guilty should be punished. Where's 465 00:28:01,900 --> 00:28:02,900 prejudice in that? 466 00:28:03,680 --> 00:28:04,680 Let's find out. 467 00:28:11,420 --> 00:28:13,420 22, you're clear to land. Spot 2. 468 00:28:14,260 --> 00:28:16,100 22, roger that. Spot 2. 469 00:28:35,720 --> 00:28:36,720 Welcome aboard, Lieutenant. 470 00:28:36,840 --> 00:28:38,000 X -Rose waiting for you, sir. 471 00:28:39,120 --> 00:28:40,720 Used to have two judge advocates. 472 00:28:41,160 --> 00:28:43,660 So one was assigned to Kandahar, the other to the Senate. 473 00:28:44,600 --> 00:28:45,780 Work's been piling up. 474 00:28:46,700 --> 00:28:50,260 Well, it's okay with me, sir. It's all part of combat duty. 475 00:28:50,600 --> 00:28:54,060 Well, before we insert you behind enemy lines, Lieutenant, why don't you finish 476 00:28:54,060 --> 00:28:55,060 checking in? 477 00:28:55,660 --> 00:28:58,500 Captain Johnson would like you to join him for evening shower at 1900. 478 00:28:59,040 --> 00:29:00,040 Aye, sir. 479 00:29:05,680 --> 00:29:08,900 I'm sorry. I thought that this was... The legal office? 480 00:29:10,140 --> 00:29:11,620 Don't you remember me, Lieutenant? 481 00:29:12,880 --> 00:29:14,840 Christmas. Your house. 482 00:29:16,060 --> 00:29:17,160 Petty Officer Coates. 483 00:29:17,500 --> 00:29:20,560 I thought that you were... In the brig, sir. 484 00:29:21,320 --> 00:29:24,240 Well... I did my time. Changed my attitude. 485 00:29:24,680 --> 00:29:25,800 I've been reassigned. 486 00:29:26,260 --> 00:29:27,260 Me too. 487 00:29:27,780 --> 00:29:30,500 Reassigned. I know, sir. I'm your legal mate. 488 00:29:33,760 --> 00:29:36,840 Are you aware... of certain statements made by the president about this case? 489 00:29:37,080 --> 00:29:37,959 I am, sir. 490 00:29:37,960 --> 00:29:40,480 Can you follow my instructions in reaching a verdict? 491 00:29:40,780 --> 00:29:41,779 I can, Admiral. 492 00:29:41,780 --> 00:29:45,260 And disregard any statements made by anyone else, including the president? 493 00:29:45,520 --> 00:29:46,920 That would not be a problem, sir. 494 00:29:47,300 --> 00:29:51,040 Can you render a fair and impartial verdict based solely on the evidence? 495 00:29:51,460 --> 00:29:52,500 It's my duty, Admiral. 496 00:29:53,080 --> 00:29:57,260 Very well. Your Honor, the members may think they can remain objective. 497 00:29:57,980 --> 00:30:00,820 But there's no way they can put the president's words out of their minds. 498 00:30:00,820 --> 00:30:02,020 can't unring a bell. 499 00:30:02,260 --> 00:30:06,280 Your Honor, the members are military officers, and there is no reason to 500 00:30:06,280 --> 00:30:09,400 that they will do anything other than follow the court's instructions. 501 00:30:09,840 --> 00:30:10,840 I agree. 502 00:30:10,980 --> 00:30:13,360 The court is satisfied that no prejudice occurred. 503 00:30:13,900 --> 00:30:16,560 Motion to dismiss is denied. Call your first witness. 504 00:30:17,800 --> 00:30:22,460 I firmly believe it's in the national interest for the public to be informed 505 00:30:22,460 --> 00:30:23,460 military actions. 506 00:30:23,800 --> 00:30:27,400 So you approved the accused request to accompany a SEAL assault force on a 507 00:30:27,400 --> 00:30:29,500 combat mission? I did. On what condition? 508 00:30:30,380 --> 00:30:31,580 That Mr. 509 00:30:31,880 --> 00:30:37,020 Dunstan agreed to waive all liability in the event of his injury or death and to 510 00:30:37,020 --> 00:30:38,580 follow orders at all times. 511 00:30:39,060 --> 00:30:42,420 Can you identify what's been marked as Government Exhibit 1? 512 00:30:45,440 --> 00:30:48,600 That's the written agreement signed by Mr. Dunstan. 513 00:30:49,160 --> 00:30:50,160 Thank you. 514 00:30:50,540 --> 00:30:51,540 Your witness. 515 00:30:52,880 --> 00:30:55,500 Sir, why did my client approach your office for approval? 516 00:30:56,260 --> 00:31:01,200 Because he'd been turned down by Lieutenant Laslovich and by Commander 517 00:31:01,480 --> 00:31:02,480 the mission commander. 518 00:31:03,180 --> 00:31:05,260 Turned down also by Joint Special Ops Command? 519 00:31:05,680 --> 00:31:06,680 Yes. Why? 520 00:31:08,040 --> 00:31:10,740 They thought the mission was too dangerous for a civilian. 521 00:31:11,320 --> 00:31:12,380 Apparently they were right. 522 00:31:13,080 --> 00:31:14,500 Regretfully, they were, Commander. 523 00:31:16,330 --> 00:31:20,630 Do you think Mr. Dunstan is responsible for three SEALs being wounded and four 524 00:31:20,630 --> 00:31:22,070 Afghan civilians killed? 525 00:31:22,350 --> 00:31:23,650 Objection calls for conclusion. 526 00:31:25,170 --> 00:31:26,170 Overruled. 527 00:31:28,510 --> 00:31:32,610 I wasn't in Afghanistan. I don't know what Mr. Dunstan did. 528 00:31:32,810 --> 00:31:34,670 But I know what I did. 529 00:31:35,650 --> 00:31:38,650 I failed to listen to the commanders in the field. 530 00:31:39,550 --> 00:31:41,270 I'm the one who's responsible. 531 00:31:52,780 --> 00:31:57,020 We try to avoid being seen, heard, even smelled. I mean, we don't even heat our 532 00:31:57,020 --> 00:31:59,800 MREs because the smell of warm food can compromise your position. 533 00:32:00,160 --> 00:32:02,700 As assault team commander, what orders did you give? 534 00:32:02,980 --> 00:32:05,480 To be silent and visible as much as humanly possible. 535 00:32:05,780 --> 00:32:07,340 With regards to Stuart Dunstan? 536 00:32:07,880 --> 00:32:10,780 I ordered him specifically not to use a satellite phone. 537 00:32:11,480 --> 00:32:15,480 Were you aware, Lieutenant, that 51 minutes prior to the ambush of your 538 00:32:15,620 --> 00:32:17,320 Stuart Dunstan made a phone call? 539 00:32:17,980 --> 00:32:19,100 Not at the time, sir. 540 00:32:19,380 --> 00:32:20,380 Thank you, Lieutenant. 541 00:32:21,220 --> 00:32:22,220 You're a witness. 542 00:32:23,210 --> 00:32:27,690 Do you have evidence that the video call Stuart Dunstan made was intercepted by 543 00:32:27,690 --> 00:32:28,669 enemy forces? 544 00:32:28,670 --> 00:32:33,010 No, sir. Do you have any evidence that the enemy even had the equipment to 545 00:32:33,010 --> 00:32:34,010 intercept such a call? 546 00:32:34,570 --> 00:32:35,570 No, sir. 547 00:32:36,370 --> 00:32:38,750 Once you were attacked, what did Mr. Dunstan do? 548 00:32:38,990 --> 00:32:39,989 Well, he took cover. 549 00:32:39,990 --> 00:32:41,850 And when Petty Officer Hamilton was shot? 550 00:32:43,010 --> 00:32:46,170 Mr. Dunstan got to him and he pulled him to safety. 551 00:32:46,510 --> 00:32:47,770 While you were taking fire? 552 00:32:48,650 --> 00:32:49,650 Yes, sir. 553 00:32:50,450 --> 00:32:52,010 So that the members understand. 554 00:32:52,750 --> 00:32:57,190 Mr. Dunstan, a civilian, crawled out from his position of cover and risked 555 00:32:57,190 --> 00:32:59,390 life to drag one of your men to safety? 556 00:33:00,170 --> 00:33:01,170 Yes, sir. 557 00:33:05,290 --> 00:33:11,370 Oversleeping, soiled uniform, attempted cursing. 558 00:33:11,690 --> 00:33:13,050 How is that even possible? 559 00:33:13,530 --> 00:33:15,410 He got half the word out, sir. 560 00:33:17,930 --> 00:33:19,290 This is our caseload? 561 00:33:20,090 --> 00:33:21,930 There are more serious ones. 562 00:33:22,440 --> 00:33:23,440 Lieutenant. 563 00:33:25,100 --> 00:33:30,660 The case of the purloined crustacean? I sometimes give the cases names to help 564 00:33:30,660 --> 00:33:31,660 me remember them. 565 00:33:32,320 --> 00:33:36,900 Two seamen are accused of raiding a chill box and stealing the officers' 566 00:33:37,060 --> 00:33:38,860 lobsters. What a joke. 567 00:33:39,240 --> 00:33:42,540 More like dinner, sir. They steamed the lobsters on the boiler. 568 00:33:43,200 --> 00:33:45,160 What's the evidence? A couple of claws? 569 00:33:45,900 --> 00:33:47,200 Here, I'll show you. 570 00:33:50,200 --> 00:33:51,380 Legal, Lieutenant Roberts. 571 00:33:51,850 --> 00:33:53,190 Call for you from Colonel McKenzie? 572 00:33:53,630 --> 00:33:54,630 Yeah, put her through. 573 00:33:55,470 --> 00:33:56,550 How's it going out there, Lieutenant? 574 00:33:57,170 --> 00:33:58,170 Hi. 575 00:33:58,910 --> 00:34:01,450 Just up to my elbows in cases, ma 'am. 576 00:34:01,810 --> 00:34:04,410 You're going to be out of touch soon, so I thought you'd like to hear from 577 00:34:04,410 --> 00:34:05,410 someone. 578 00:34:07,110 --> 00:34:08,109 Say hi to Daddy. 579 00:34:08,730 --> 00:34:10,409 Hi, Daddy. Hey, AJ. 580 00:34:10,670 --> 00:34:11,670 It's my son. 581 00:34:12,010 --> 00:34:13,210 Hi, sweetie. Who are you talking to? 582 00:34:14,190 --> 00:34:15,190 My legalman. 583 00:34:15,830 --> 00:34:17,070 Well, I hope he's good at his work. 584 00:34:17,870 --> 00:34:18,870 Yes, very. 585 00:34:20,360 --> 00:34:21,360 Well organized. 586 00:34:22,840 --> 00:34:23,840 That's correct. 587 00:34:23,860 --> 00:34:26,300 The lieutenant told me not to use the sat phone. 588 00:34:26,780 --> 00:34:28,280 But you ignored the order? 589 00:34:28,679 --> 00:34:32,000 No disrespect to Lieutenant Laslevic, but I know a little more about 590 00:34:32,000 --> 00:34:32,938 than he does. 591 00:34:32,940 --> 00:34:33,940 Meaning what? 592 00:34:34,380 --> 00:34:39,120 The satellite phone has a narrow beam width with no side lobes. Now, maybe one 593 00:34:39,120 --> 00:34:43,800 of our EC -135 rivet joints could intercept the call, but not some ragtag 594 00:34:43,800 --> 00:34:46,780 Taliban using walkie -talkies with flashlight batteries. 595 00:34:47,320 --> 00:34:48,320 Your Honor. 596 00:34:48,699 --> 00:34:52,760 We move into evidence, documents, certified by the measurements and 597 00:34:52,760 --> 00:34:53,940 intelligence detachment. 598 00:34:54,800 --> 00:34:59,940 They show no electronic surveillance activity by any unknown forces on the 599 00:34:59,940 --> 00:35:00,940 of the incident. 600 00:35:01,000 --> 00:35:02,000 So admit it. 601 00:35:02,320 --> 00:35:03,320 Your witness. 602 00:35:05,260 --> 00:35:07,300 You ever serve in the military, Mr. Dunstan? 603 00:35:07,780 --> 00:35:08,780 Apparently I have. 604 00:35:09,120 --> 00:35:10,120 For one night. 605 00:35:11,780 --> 00:35:16,240 You understand that in the military, all lawful orders must be obeyed. 606 00:35:16,820 --> 00:35:17,820 So I'm told. 607 00:35:18,520 --> 00:35:22,800 Do you admit to signing an agreement to obey all such orders as a condition of 608 00:35:22,800 --> 00:35:24,580 accompanying the SEAL assault force? 609 00:35:25,700 --> 00:35:27,260 I had three choices, Commander. 610 00:35:27,700 --> 00:35:31,640 I could stay in the hotel in Islamabad and watch Al Jazeera on TV. 611 00:35:32,400 --> 00:35:36,700 I could attend the Army's daily briefings, what we call the five o 612 00:35:37,340 --> 00:35:41,340 Or I could do whatever was necessary to join an assault force in the field. 613 00:35:41,560 --> 00:35:45,960 So you signed the agreement never intending to abide by it. I signed it. 614 00:35:46,490 --> 00:35:49,050 Not intending to give up the right to think for myself. 615 00:35:50,010 --> 00:35:54,470 Well, apparently you reserve the right to decide which orders you will obey and 616 00:35:54,470 --> 00:35:55,870 which you choose to ignore. 617 00:35:56,170 --> 00:35:58,950 My bosses can tell you I usually disobey theirs. 618 00:35:59,210 --> 00:36:04,910 Well, your boss this evening, Mr. Dunstan, was Lieutenant Lassovic, whose 619 00:36:04,910 --> 00:36:10,750 was to complete a dangerous mission and to protect his team, which also included 620 00:36:10,750 --> 00:36:11,750 you. 621 00:36:14,010 --> 00:36:15,550 I didn't do anything. 622 00:36:16,450 --> 00:36:20,930 To jeopardize the lieutenant, his men, or myself. 623 00:36:28,170 --> 00:36:29,810 You were really good in there, Stuart. 624 00:36:30,030 --> 00:36:33,950 Thanks, but I'm more comfortable asking the questions. Hey, Rab, no matter the 625 00:36:33,950 --> 00:36:36,210 outcome, no hard feelings, okay? 626 00:36:36,890 --> 00:36:40,750 Spoken like a man who expects to win, Stuart. You're more charitable than I 627 00:36:40,790 --> 00:36:41,739 Stuart. 628 00:36:41,740 --> 00:36:42,740 Hello? 629 00:36:43,540 --> 00:36:44,540 Sorry. 630 00:36:49,840 --> 00:36:52,300 Kashmir Bureau Chief. They have an interview we may want. 631 00:36:52,580 --> 00:36:53,580 Good. 632 00:36:53,820 --> 00:36:57,920 Wrap this thing up tomorrow and I can go back to work a free man. 633 00:37:00,180 --> 00:37:01,680 She speaks fluent Farsi. 634 00:37:02,400 --> 00:37:05,240 She's an interpreter, Ray. With perfect intonation? 635 00:37:05,540 --> 00:37:07,660 She studied at the University of Cairo. 636 00:37:08,230 --> 00:37:11,170 foreigners who learned Farsi speak with a noticeable accent. 637 00:37:12,330 --> 00:37:13,630 Where are you going with this? 638 00:37:14,710 --> 00:37:16,250 Jenny Baker is a native speaker. 639 00:37:17,190 --> 00:37:21,970 The Kashmir Bureau chief would speak Urdu, not Farsi, and they weren't 640 00:37:21,970 --> 00:37:24,230 about the interview. They were talking about Stuart Dunstan. 641 00:37:27,950 --> 00:37:31,610 Miss Baker, did you receive a satellite call at the network from Stuart Dunstan 642 00:37:31,610 --> 00:37:33,350 when he was in the field with the SEAL team? 643 00:37:33,690 --> 00:37:37,230 Yes, and that was at 7 .37 p .m. Washington time. 644 00:37:37,580 --> 00:37:41,140 About them? According to your cell phone record, you made a call three minutes 645 00:37:41,140 --> 00:37:42,180 after hanging up. 646 00:37:43,200 --> 00:37:45,440 If you say so. The records say so. 647 00:37:46,640 --> 00:37:48,160 Why did you use the network's phones? 648 00:37:48,980 --> 00:37:51,420 Objection. Mr. Dunstan admits he made the call to the network. 649 00:37:51,780 --> 00:37:53,720 Whatever Ms. Baker did thereafter is irrelevant. 650 00:37:54,560 --> 00:37:55,580 I'll tie it up, Your Honor. 651 00:37:56,160 --> 00:37:57,360 Hopefully in short order. 652 00:37:58,240 --> 00:38:00,160 Ms. Baker, why did you use your cell phone? 653 00:38:01,140 --> 00:38:02,600 It was a personal call. 654 00:38:02,800 --> 00:38:04,220 To Islamabad, Pakistan? 655 00:38:04,580 --> 00:38:07,680 Yeah. To a cell phone register to an Aziz Naziri. 656 00:38:07,940 --> 00:38:11,180 He's my cousin on my mother's side. Must have been an important call. 657 00:38:11,680 --> 00:38:16,080 Well, in Islamabad, it was about 5 .40 a .m. Sometimes I forget about the time 658 00:38:16,080 --> 00:38:17,080 difference. 659 00:38:17,200 --> 00:38:19,140 What does Mr. Naziri do for a living? 660 00:38:19,480 --> 00:38:20,480 Your Honor? 661 00:38:21,540 --> 00:38:23,700 He works for an international charity. 662 00:38:23,960 --> 00:38:24,759 Does it have a name? 663 00:38:24,760 --> 00:38:25,880 I can't remember. 664 00:38:27,700 --> 00:38:30,480 Holy Land Liberation Crusade. 665 00:38:31,820 --> 00:38:33,180 That sounds right. 666 00:38:34,320 --> 00:38:38,240 Which was just listed by the Attorney General as a fundraising front for Al 667 00:38:38,240 --> 00:38:40,480 -Qaeda. I know nothing about that. 668 00:38:40,820 --> 00:38:42,220 Where were you born, Miss Baker? 669 00:38:46,360 --> 00:38:47,880 I don't think that's relevant. 670 00:38:48,500 --> 00:38:50,700 That's for me to decide. Answer the question. 671 00:38:52,440 --> 00:38:53,440 London. 672 00:38:53,660 --> 00:38:54,800 And where were you raised? 673 00:38:55,020 --> 00:38:58,840 Different places. My father was a diplomat. She told me she was raised in 674 00:38:58,840 --> 00:39:02,260 England. No, actually, your parents divorced shortly after you were born. 675 00:39:02,260 --> 00:39:05,800 you returned with your mother to Iran, where you were raised by her family. Is 676 00:39:05,800 --> 00:39:06,738 that a crime? 677 00:39:06,740 --> 00:39:10,620 And while Baker is your father's name, the name you used just before coming to 678 00:39:10,620 --> 00:39:14,600 the States last year was your mother's. Zahedi, correct? I thought if I used my 679 00:39:14,600 --> 00:39:16,700 Iranian name, I'd be discriminated against. 680 00:39:16,940 --> 00:39:20,580 And apparently I was right. Is that why you traveled under a forged English 681 00:39:20,580 --> 00:39:24,260 passport? I don't know what you're talking about. Who forged it? Vivac, the 682 00:39:24,260 --> 00:39:25,520 Iranian intelligence agency? 683 00:39:25,760 --> 00:39:26,760 That's ridiculous. 684 00:39:26,860 --> 00:39:27,860 Where's your mother today? 685 00:39:31,690 --> 00:39:33,490 Why don't you ask your CIA? 686 00:39:34,090 --> 00:39:38,250 The Zahidis were prominent Shiite clerics. Were they persecuted by the 687 00:39:38,250 --> 00:39:42,710 Iran? They were killed. My entire family wiped out by a despot backed by 688 00:39:42,710 --> 00:39:46,850 American money and American military. And you would do anything to avenge 689 00:39:46,850 --> 00:39:51,170 deaths. The call you made that night was to disclose the SEAL's position to Aziz 690 00:39:51,170 --> 00:39:54,850 Nasiri so he could relay it to Taliban forces. Isn't that true? 691 00:40:04,680 --> 00:40:08,240 She refuses to answer, Your Honor. A master -at -arms will take the witness 692 00:40:08,240 --> 00:40:09,240 custody. 693 00:40:30,760 --> 00:40:32,880 Have you consulted with your attorney? 694 00:40:33,470 --> 00:40:34,470 I have, Your Honor. 695 00:40:34,550 --> 00:40:37,710 And you understand by changing your plea to guilty, you waive all defenses? 696 00:40:38,070 --> 00:40:39,070 I do. 697 00:40:39,130 --> 00:40:40,130 And how do you plead? 698 00:40:40,830 --> 00:40:42,490 I thought I was innocent, Your Honor. 699 00:40:43,250 --> 00:40:45,870 But I am, at the very least, morally responsible. 700 00:40:47,130 --> 00:40:48,130 I plead guilty. 701 00:40:48,910 --> 00:40:53,470 The court finds that your plea is knowing and voluntary, and hereby finds 702 00:40:53,490 --> 00:40:55,670 of all charges and specifications, guilty. 703 00:40:56,870 --> 00:40:59,370 Does the defense counsel have anything in mitigation of sentence? 704 00:41:00,060 --> 00:41:03,440 Sir, I would ask that the court take into account Mr. Dunstan's acceptance of 705 00:41:03,440 --> 00:41:05,760 responsibility and expression of regret. 706 00:41:06,200 --> 00:41:09,180 Trial counsel, anything in aggravation of sentence? 707 00:41:09,940 --> 00:41:14,040 Your Honor, the principle that's been established here is more important than 708 00:41:14,040 --> 00:41:15,520 any sentence the court might impose. 709 00:41:16,120 --> 00:41:17,120 I agree. 710 00:41:17,540 --> 00:41:23,020 Mr. Dunstan, the court trusts that you and the rest of the news media have 711 00:41:23,020 --> 00:41:24,240 learned an important lesson. 712 00:41:24,980 --> 00:41:28,320 I sentence you to 12 months confinement at hard labor. 713 00:41:29,000 --> 00:41:33,380 However, I'm recommending that the convening authority suspend sentence. 714 00:41:34,900 --> 00:41:36,000 Court's adjourned. 715 00:41:38,180 --> 00:41:39,180 Do it. 716 00:41:39,520 --> 00:41:40,520 Thank you. 717 00:41:47,220 --> 00:41:49,560 One or two E's in judgment, sir? 718 00:41:50,220 --> 00:41:52,680 Either way, but one is preferred. 719 00:41:53,020 --> 00:41:54,380 Good. Less typing. 720 00:41:55,420 --> 00:41:56,420 Oh, look! 721 00:41:57,740 --> 00:41:59,140 You've got an email greeting card. 722 00:42:00,160 --> 00:42:01,300 Oh, let me see. 723 00:42:02,360 --> 00:42:03,760 Oh, so cute. 724 00:42:04,320 --> 00:42:06,220 I miss him so much. 725 00:42:06,540 --> 00:42:09,140 I'll email your wife and tell her how much you like the card. 726 00:42:09,340 --> 00:42:12,980 No, let me do that. Why don't you go work on updating the captain's mask? 727 00:42:13,480 --> 00:42:14,480 Yes, sir. 728 00:42:19,760 --> 00:42:24,180 Earlier today, I threw myself on the mercy of a military court. 729 00:42:25,230 --> 00:42:27,570 Now I do the same with the court of public opinion. 730 00:42:28,970 --> 00:42:35,410 I do so because I am guilty, not just of disobeying an order in a time of war. 731 00:42:36,690 --> 00:42:42,590 I'm guilty of pride, of smugness, of all importance. 732 00:42:44,110 --> 00:42:48,370 To the American people and to the Afghan people, I express my sincere regret for 733 00:42:48,370 --> 00:42:49,370 my conduct. 734 00:42:49,950 --> 00:42:51,330 It was inexcusable. 735 00:42:52,650 --> 00:42:54,150 I'm going to take some time off. 736 00:42:55,120 --> 00:43:00,840 After I visit each of the wounded SEALs and personally apologize for my actions. 737 00:43:02,520 --> 00:43:05,860 Then I'll be back on the air, but with a different attitude. 738 00:43:06,760 --> 00:43:08,320 Was wrong about the system, huh? 739 00:43:09,040 --> 00:43:10,040 It did work. 740 00:43:10,800 --> 00:43:12,520 We were all a little bit wrong. 741 00:43:13,060 --> 00:43:14,060 Don't look at me. 742 00:43:14,420 --> 00:43:15,800 I wasn't wrong about anything.