All language subtitles for JAG - 09x08 - Posse Comitatus.DVDRIP.English.updated.Addic7ed.com

I repeat: we need backup
and an ambulance ASAP!

Suspect is armed with
a fully automatic rifle

and may have
armor-piercing rounds!

Barclay! Barclay!

I need you to let
my deputy go now!

Then get your men out
of here, and I'll let her go!

You know I can't
do that, Barclay.

Hang on, McInnis!

You just hang in there.

Damn it!

What the hell does
he think he's doing?

Dispatch, this is
Sheriff Driskell.

I told you to tell
those jarheads...

Get in there!

Get in there!

Dispatch, this is
Sheriff Driskell.

Get me the commanding general

at MCAS Yuma, now!

I got 'em!

Barclay Cale was a widower

who had farmed this small
piece of desert for most of his life.

Fifth time I've
seen it this morning.

It's all over the news.

You know what they say, sir.

"If it bleeds, it leads."
Cale held off police

with a converted
automatic weapon.

The standoff sadly ended

when a marine pilot chose to
act as judge, jury and executioner.

We could have
taken him out alive.

No court in the land
would have given Cale

the death penalty
for what he'd done.

He hadn't killed anybody.

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

Barclay Cale inherited...

So, you see the urgency

in resolving this case?

Sir, what was Major Tunney doing

so close to a police standoff?

I don't know. Should put that

on the top of your list
of questions, Colonel.

What do we know
about Barclay Cale, sir?

Um, the, uh...

Yuma County Sheriff

was attempting to
arrest him for tax evasion.

Property taxes he
had lost to his creditors.

Geared up for one last stand.

Opened fire on the deputies
as soon as they arrived.

MacKENZIE: Sir, it's
illegal for the military

to participate in
arrests, searches

or police activity on US soil,

which means that
when the marine pilot

killed Barclay Cale,

he violated the
Posse Comitatus Act.

May have, Colonel.

Posse comitatus
contains a lot of gray area.

Did the pilot feel
the circumstances

were exigent, sir?

Put that on your
list of questions.

Look, the, uh, administration's

taken a lot of heat
for the Patriot Act.

Last thing they want
is the public worrying

about, uh, the
marines interfering

with domestic law enforcement.

That will be all.

Aye, aye, sir. Aye, aye, sir.

Sir. Good morning, Harriet.

Good morning.

Hey, Bud?

Hey, honey, listen to this.

"The pioneers

"of a warless
world are the youth

who refuse military service."

Whose case is that?

Albert Einstein.

I-I mean, he said it.

You all right?

No.

I got a call from the
inspector general's office.

First time in three years.

They're calling you back
from temporary duty?

I don't know.

I have to report

to General Tillmann
at the Pentagon.

Well, we always knew
there was a chance

that you'd have to leave JAG.

I guess I just
tried to ignore it.

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

Why are you quoting Einstein?

Oh...

I've been assigned as
the investigating officer

in the case of, uh, Lieutenant
Commander Justin Bentley.

The navy paid for Commander
Bentley's medical education.

Now that his reserve unit
has been put on standby

for deployment in Iraq,

he's claiming
conscientious objector status

and asking for separation

based on his beliefs
as a religious pacifist.

And you don't find
Commander Bentley is sincere?

Well, everybody finds
war objectionable,

but sometimes it's necessary.

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

Major Tunney is the real deal.

He flew combat missions
in Iraq and Afghanistan.

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

It's not his skills

that are at issue
here, Colonel Pittman.

It's his judgment.

I assume you
debriefed Major Tunney

after the incident.

Major Tunney was
conducting routine training.

He noticed the standoff
with the sheriff's department

and the wounded
deputy on the ground.

He believed he could assist
with emergency medical evac.

That's when Mr. Cale
opened fire on him.

Well, the sheriff's

TV interviews
left that part out.

Did the major seek authorization
before returning fire, Colonel?

He did. He was told
to hold his position

while we attempted to
contact the chain of command.

You told him to
hold his position

or hold his fire?

Hold his position, Colonel.

I would never instruct
a marine to hold fire

while he's taking
direct fire himself.

Why not just tell the
major to leave the area?

Because the major
explained to me

he thought he could
save some lives.

Sorry I kept you waiting.

Oh, I'm used to waiting
for doctors, Commander.

Well, I see that you have
all the bells and whistles.

I'm not Amish, Lieutenant.

Quakers respect
scientific advances.

We simply believe
they should be used

to elevate
humankind, not to kill.

Yeah, as investigating
officer, it concerns me

that you came to that conclusion

just as your reserve unit was
put on standby for activation.

I know the timing
seems convenient.

But the change in me came
last year when I got married.

The six years I
spent on active duty

in the navy, Lieutenant,
were difficult ones,

uh, wondering if
I was contributing

to the things I was
seeing on the news.

The guilt was overwhelming.

I see that you, uh, display

your naval affiliation,
Commander.

Why?

Uh, put my patients at ease.

You're part of the
Navy Preferred Plan.

Most of your patients are
military or military dependent.

Once you're a civilian,

are you going to
leave the pictures up?

That would be
hypocrisy, Lieutenant.

You think your
clientele will accept that?

I sincerely hope that
they will, Lieutenant.

MacKENZIE: Major, were
you doing flight training

with fully armed
weapons systems?

No, the 20 was loaded

with lead ball training
rounds, Colonel.

If I'd opened up with
explosive incendiary,

that barn would be
nothing but ashes.

Well, it's still way
too much firepower

for the task at hand.

Well, I heard over the radio

that he had a hostage,

so I hovered low enough
to see where she was.

Looked like Cale was
training the gun on her,

so I fired a micro-burst
at a shallow angle.

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

I'm sorry to hear
the female deputy

was hit by falling timber.

I was not looking
to participate in any

police action, Colonel.

I just wanted to help.

By opening up with
your 20-millimeter guns?

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

The guy was a lousy shot,

Commander, but you throw
enough ammo out there

and you're bound
to hit something.

Isn't the Cobra's cockpit

designed to withstand
small arms fire?

Yes, sir, under
optimal conditions,

but that doesn't mean
an armor-piercing round

couldn't penetrate
the windshield

or a seam between
the Noroc side panels.

We were afraid he'd take us down

right on top of the
cops on the ground.

So, you're telling
me you sincerely felt

your life was in danger?

What else could we do?

We were being fired upon.

I attempted to make radio
contact with the sheriff,

but the dispatcher
told me that she

was under orders
not to put me through.

What about your
operations duty manager?

Did you attempt to contact
anyone on base for orders?

Yes, ma'am.

I tried to get direction
from my squadron CO

through the duty manager,

but before Colonel
Pittman could get to me,

I started taking fire.

How many rounds did
Barclay Cale fire at you?

I really can't say for sure.

But he did fire on you?

Oh, yes, ma'am.

Major, you know what
the Posse Comitatus Act is.

Can you honestly say

that your actions
weren't in violation?

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

And no, I didn't believe
I was breaking any laws

by defending myself

or trying to save the
lives of those two deputies.

The inspector general says

you've been a real
administrative whiz

over at JAG.

We were hoping you'd want

to help us out for a while.

Am I being reassigned
to the Pentagon, sir?

Lieutenant Sims,

I'm retired from
the Marine Corps.

I'm with Armed
Forces Entertainment.

So, I'm not in a position
to reassign anybody.

Then, why...?

Biggest USO show of the year.

Baghdad, Christmas Eve.

You ever try to do

personal information
forms for celebrities?

The women won't give
their real birthdates.

The men won't give
their real heights.

Celebrities, sir?

We need travel
documents for 70 people.

Everybody from Garth Brooks

to the Dallas
Cowboy Cheerleaders.

Would I get to
meet Garth Brooks?

I would think so.

Now, there's no
extra money in it.

That's okay.

And wrangling rock
stars is not for the timid.

Well, neither is working
for Admiral Chegwidden, sir.

I would love to do this.

You find anything?

Colonel Pittman's
not the only one

who worships the ground
Major Tunney walks on. You?

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

This is the final report

from a previous Command inquiry.

Two years ago, Major
Tunney used his helicopter

to assist the San Diego Police

in apprehending a felon
during a police chase.

This isn't the first time
he's been investigated

for violating the
Posse Comitatus Act.

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

Medical help for McInnis
was already en route,

and with backup,

we could've taken care
of Barclay Cale, too.

That's our job, not
Major Tunney's.

He just wanted
something to shoot at.

Well, Major Tunney says

Barclay Cale shot first.

There were bullets
flying everywhere.

To be honest,

I can't call the man a liar,

but I don't believe that
Major Tunney was under fire

at the time he opened
fire on Barclay Cale.

Now, Major Tunney said he
tried to make contact with you

at the scene, but your dispatch
wouldn't put him through.

Because I told them not to. Why?

I was busy enough dealing
with one trigger-happy yahoo.

The last thing I
wanted was another.

Look, I got two
deputies in the hospital,

and the one who's
still in intensive care

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

She was hurt when your marine

knocked half a barn
down on top of her.

A helicopter gunship
is not the right tool

to use in a hostage
situation, Commander.

This is Arizona, not
the damn Gaza Strip.

This the Lord says
and proves to you daily

by the example of the
community of which you are part.

Find peace in each other,

and pray unto the Lord,

for in the peace thereof
shall ye have peace.

Well, welcome the newcomers.

Now, go with God.

Commander Turner.

This is Commander Turner.

He'll be representing
me at my hearing.

My wife. Pleased
to meet you, ma'am.

Would you like some
coffee, Commander?

No, thank you. Commander,

Reverend Ford. Sir.

How much do you know
about the Society of Friends?

Well, not a lot. My father
was a Baptist minister.

I was raised in that faith.

You know I can't
take an oath in court.

I wasn't aware
of that restriction.

Well, to swear to tell the truth

under oath implies that
we lie the rest of the time.

Dr. Bentley can only affirm

that he will continue
to tell the truth.

I'll explain that
at the hearing.

It won't be a problem.

We would appreciate it

if you could make it clear
that my husband's actions

are not an indictment
of the United States.

He's asking for a
separation from the military

during a time of war,

when men and women
are dying in Iraq every day.

Now, while I respect his
right to ask for a separation,

I can't guarantee it won't
damage his reputation.

Well, my personal character
isn't as important to me

as the Church's good name.

People could
misinterpret my intentions.

Commander, Quakers
have a long record

of bravery and patriotism.

As abolitionists, we
petitioned against slave owners.

And fought to win
women the right to vote.

This is nothing new for us.

Our religion has endured

two World Wars and Vietnam.

We have been called
cowards and Communists,

spat at in the streets
and discriminated against.

Despite the vast
humanitarian efforts

we've offered our
country in times of war.

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

My case, Commander,
is about more than facts.

It's about faith.

Faith is an intangible,
Commander.

I can't prove it
in court, and...

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

How can you prove
what you can't see?

We mere mortals
have to accept the fact

we may not always
know the answers, Bud.

Well, as the
investigating officer,

I don't have to know the answer.

If I can say with 51% conviction

that Commander Bentley's
beliefs are not sincere,

that's the report
that I have to submit.

Do you think you resent
Commander Bentley

because of what's
happened to you?

When I was called to
duty in a combat zone,

I went without question.

And paid dearly for it.

Bud, you fought
to stay in the navy

because you believed that
was the right thing to do,

and apparently,
Commander Bentley

believes something different.

Don't you just think
it's a little bit strange

that, of all of the
churches in all of the world,

he decides to join one
that will give him CO status?

Maybe...

but do I think it's
okay to punish a man

who may be guilty of nothing
more than religious conviction?

No.

I don't.

Ooh, I got to go.

Now? Why?

I have to make
travel arrangements

for a diva who won't travel
without her toy poodle,

and I have to
explain to a rapper

why he can't wear his ski
cap in his passport photos.

Two incidents in two years

is a little more than
coincidental, Major.

Tell us about what
happened two years ago.

Well, I was stationed
at Camp Pendleton.

San Diego Police were
chasing a guy doing 90

up the wrong side
of a divided highway,

so I went down
low in front of him.

I figured I'd scare
him into stopping.

Instead, he ran
himself off the road.

Yeah, and crashed into a
tree in someone's backyard

where, luckily,
kids weren't playing.

Well, we can't hold
a man responsible

for what didn't happen, Colonel.

In both cases, I took
action that saved lives.

If that's illegal, lock me up.

I'm just not sure

I'm the right man
for the job, Admiral.

So, you can't find
any common ground

with Commander Bentley?

I don't think so, sir.

Even though you had the benefit

of being raised by a minister?

Sir, I look at my father

and I see his faith

for better or worse.

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

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

I know the question's
a little out of line,

but I'm going to ask it anyway.

Respectfully, sir, I will
represent the commander

to the best of my abilities,

but I can't say in
any good conscience

that I respect his actions.

Well...

good lawyering has
nothing to do with feelings.

Dismissed.

Aye, aye, sir.

Sturgis?

You talk to your father lately?

MacKENZIE: Posse Comitatus

prohibits the military from
participating in any effort

to execute or enforce
the law on US soil.

Technically. The
military, however,

can be used in certain
specific circumstances:

i.e. the army lended
advisors and a tank

during the Waco standoff.

Yeah, and look how
well that turned out.

Well, the SEAL Team Six
and Delta Force provided

security and surveillance
during the Olympics.

They also provided advisers
to the FBI and local police

during the hunt
for the DC sniper.

Says who?

I have my sources.

Right, I forgot.

You went to the dark side.

The military can
be used in cases

involving biological,
chemical or nuclear weapons.

Only with the approval
of the attorney general,

and Barclay Cale didn't have
any nukes parked in his barn.

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

Military can be used to suppress

insurrection against
the government.

Now, the hostage standoff began

when Mr. Cale refused
to pay his income tax.

One could argue
this was at least

the beginning of
an insurrection.

Wrong. Barclay
Cale wasn't trying

to overthrow the government.

He was a man
with nothing to lose,

just trying to
keep some dignity.

He went about it the wrong way.

You really love this, don't you?

What, arguing with you?

Yeah. The investigations,
the interviews,

and yes, our arguments.

I'm beginning to understand
why you came back.

You need JAG just as
much as JAG needs you.

What about you?

You glad to have me back?

Lieutenant Colonel Mackenzie.

Yes, absolutely. Thank you.

That was the Yuma
County Hospital.

Deputy Linda Foyo is
out of intensive care.

What happened before you
were injured in the shootout?

Did Barclay Cale
fire on the helicopter?

He was firing, but
he had stopped

by the time the
chopper fired at us.

Look, Barclay Cale was
a sad, stubborn old man

who deserved to
do life in prison,

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

When that helo showed up,

he knew he couldn't
shoot his way out.

So you... you're telling us

that the marine helicopter's
presence was helpful?

Not in the way that you mean.

I mean, it-it helped me talk
Barclay into giving himself up,

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

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

Colonel...

Barclay Cale was a vet.

Caught the tail end of Vietnam.

He knew better than
to take on a Cobra.

Why am I not surprised?

Hell, if... the two
of you agreed,

that would be a surprise.

Admiral, given the highly
public nature of the incident,

I think not going
forward with an Article 32

would invite
accusations of a cover-up.

So you're recommending

that we proceed to head
off conspiracy theorists?

No, sir.

I believe Major Tunney
is in clear violation

of the Posse Comitatus Act,

and therefore Article
92 of the UCMJ:

failure to obey a direct
order or regulation.

Admiral, Major Tunney

is an experienced and
dedicated marine pilot

who was taking fire and did
what he felt he had to, to save

the numerous lives of
law enforcement agents

on the ground.

Well, if the convening authority
sends this to an Article 32,

we know who will prosecute
and who will defend.

It would seem so, sir.

Yes, sir.

Uh, Admiral, the marine air
base is off limits to the public,

so, in the interest
of transparency,

the county has volunteered
its library as a hearing site.

Military history
section, no doubt.

The outcome of this case

could affect a lot more
than one major's freedom.

I couldn't have been
more clear, Colonel.

My dispatcher told Major Tunney

we didn't want or need
any help from the marines,

especially not in the
form of a Super Cobra

designed for taking out tanks.

Even though you
were facing a gunman

whose automatic weapon

was loaded with SS-109 rounds?

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

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

Should I call the marines
every time we raid a drug house?

Your Honor, I'd
like that testimony

stricken from the
record, unless I'm going

to be allowed to
answer that question.

So ordered.

Sir, would you please refrain

from answering a
question with a question?

Yes, Your Honor.

MacKENZIE: Sheriff,

besides the fact
that it's illegal,

was there any other
reason that you refused

Major Tunney's
offer of assistance?

Barclay Cale was one of us.

I'd known the man for 20 years,

and although he'd been
shooting, he was still talking.

A peaceful surrender
was still on the table...

until Major Tunney

unleashed his cannon rounds.

The marines are simply
not trained or equipped

to handle civilian
law enforcement.

On what do you base that?

Four years I spent
in the Marine Corps,

and the 15 years I've spent

in the Yuma County
Sheriff's Department.

Nothing further,

Your Honor.

Sheriff, when you
and your deputies

arrived at the Cale ranch
to arrest Barclay Cale,

were any of your deputies
wearing body armor?

They were all wearing vests,

but when Deputy
McInnis went down,

we realized Cale was
using SS-109 rounds.

Well, what about the squad cars

you arrived in? Were
any of these armored

or ballistically
reinforced to any degree?

No. So then despite
your extensive

law enforcement training,

the instant Barclay Cale
chose fight over flight,

you and your men
became helpless?

We didn't choose to shoot
it out like it's the OK Corral,

but that doesn't mean
we were helpless.

We were waiting for backup.

Well, I assume it
wasn't part of your plan

to have one deputy shot
and another taken hostage?

Objection. Argumentative
and irrelevant.

Your Honor,

the witness has testified

that my client's actions
were unnecessary,

and I'm trying to elicit
testimony to the contrary.

Overruled.

But make your point,
counselor, and move on.

Sheriff Driskell...

things weren't going well.

You were sitting,
waiting for backup.

Must have been feeling helpless.

Not enough to
call in the marines.

That'll be all, Your Honor.

Hey, Pop.

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

Yeah.

Thanks for coming by.

Why don't you have a seat.

Thank you.

Sorry it's been so
long since I called you.

Yeah, well, I, uh...

read the file that you faxed me

on the conscientious
objector case.

Do you have a gut
feeling about him?

I'm just finding
it hard to believe

that a sudden religious epiphany

would cause someone
to change his whole life.

Well, I've seen it
happen before, son.

You have, too,
when you were a boy.

You know I spent
hours in church listening

to the testimony of those
"saved souls," Dad, but...

are their lives really changed?

Or do-do they just fall
back into the same rut,

the futility of trying

to hold onto
something in this world?

Well, I don't
think it's this world

that they're worried about, son.

So, why'd you call me?

To help me win the case.

You've never needed
my help before.

Chaplain?

Oh, I was on my way
to see you, Admiral.

Keep your seat. Good to see you.

Any, uh, words of wisdom for me?

Absolutely, sir.

Treat my son well,

and you will be
rewarded in heaven.

Well, I'll remember that

the next time the
commander shows

his stubborn streak.

You need me to help you
straighten him out some?

Well, I think he's
straight enough already.

Should I leave so you
two can talk about me?

If you don't mind.

Hi, this is Lieutenant Sims.

I'm working with the USO.

Hi, hi.

I'm compiling the
personal information forms

for the Baghdad tour.

No, sir, you may not
bring your 30-aught-six.

If you feel the need to
fight off the fedayeen,

I'm sure the Marine
Corps will have your back.

Iceberg is not the name
your parents gave you,

and I will not put that on your
passport application, young man.

Isaac.

Thank you.

Schulberg, okay.

No, ma'am, the
MREs do not include

hydroponically grown
organic vegetables.

Uh, maybe the, uh, Baghdad
Hilton has a salad bar.

Hello?

This hearing is to
determine the status

of Lieutenant
Commander Justin Bentley.

Commander, on what grounds

do you seek separation
from the Naval Reserves?

On grounds of conscientious
objection to military service.

And did your counsel
explain to you that you

bear the burden of
proof in this proceeding?

Yes.

And that your beliefs

must be "honest,
sincere and deeply held?"

Yes.

All right, Commander.
We can proceed.

Does your client wish

to make a statement
for the record?

Not at this time, Lieutenant.

Instead, I'd like to
call an expert witness.

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

Did you come in contact

with conscientious
objectors, Chaplain Turner?

Yes.

And who were these men?

Sailors and, uh, marines
who had become repulsed

at the undeniable horror of war.

They'd become convinced

that no objective
was worth the cost,

so many of them
sought out their chaplain.

What would you do
for them, Chaplain?

If they were just scared,
I would refer them for

psychological help.

But if I found they were truly

spiritually troubled,

I attempted to have
them reassigned.

Have you spoken to
Commander Bentley

about his beliefs? At length.

And in your view, is he
truly spiritually troubled?

Commander Bentley has
immersed himself in the Quaker way

ever since his
marriage last year.

He attends a meeting once a week

and has studied the Peace
Testimony extensively.

I am convinced that his pacifism

and his religious conversion

are sincere.

How do people have these
sudden awakenings, Chaplain?

Do they hear the voice of God?

People have a
variety of experiences.

God comes to some
of us in our dreams,

or in the voice
of a small child.

In the things we see every day,

the people we meet,

decisions we have to make.

Thank you, Chaplain.

You just have to be
open to Him, Commander.

Again, thank you, Chaplain.

Chaplain Turner, it appears

to me that Commander Bentley's

spiritual searching took place

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

This war, like all wars,

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

Or maybe he's been
attending meetings

and studying Peace
Testimony as a strategy

to build up his case.

I don't believe
that's the situation.

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

Not with surgical precision,

but I'd like to think that
I'm better at it than most.

Well, Chaplain, I have no doubt

that Commander
Bentley hates war,

but I would imagine
that you do, too.

And yet,

you've been able to serve
your country in uniform

for nearly half a century.

I found honor in
providing solace

to those who fought, Lieutenant.

And comfort to the wounded

and dying.

Deputy Foyo, do you believe

that Major Tunney saved
your life by killing Barclay Cale?

I do not.

I was making
headway with Barclay.

The guy went to high
school with my father.

I had talked him
into dropping the gun.

Thank you.

Nothing further.

Commander?

Deputy Foyo.

Now, didn't Barclay
Cale take your radio

to prevent you
from communicating

with the other officers?

Yes.

Well, then there's
no way that anybody

but you would know
that Barclay Cale

was ready to give himself
up and surrender his weapon,

is there?

You weren't there, Commander.

This man knew me.

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

restraining you with
your own handcuffs

and, uh, holding you
at gunpoint, did it?

No.

Doesn't sound to me
like the Barclay Cale

you were in the barn with

is the same Barclay
Cale you grew up knowing,

Deputy.

Now, isn't it possible...

in all the confusion...

Wind from the rotor
blades, the noise that...

you're not exactly sure

who Barclay Cale
was shooting at?

Barclay,

please don't do this.

None of us wants to hurt you.

Just come out with me.

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

You got to believe me.

I didn't want this to happen.

Barclay, stop it.

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

Look around you.

The bank owns
everything you see.

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

Did you call the black chopper?

No, no, Barclay, I swear.

Barclay, stop it!

They'll kill us both! I know!

You don't want to kill me.

You owe my father
at least that much.

I'm so damn sorry, Linda.

You couldn't really be
sure who Barclay Cale

was firing at, could
you, Deputy Foyo?

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

But, I guess I see

how Major Tunney
could have thought so.

Hey. Hey.

Where you been? I just had

a long conversation

with the base
public affairs office.

Well, don't set my interview
up with Mike Wallace

until I've actually
won. Very funny.

According to the PAO,

you're not the one
out looking for fame.

What's this?

Your client's memoirs.

His publisher just

dropped them off at
the public affairs office

as a courtesy.

Check out the title.

The Nick of Time.

Goes to motive, Counselor.

It-it looks like Major Tunney

may have had more
of a personal interest

in getting involved
than he's let on.

What's a little posse comitatus
when you can be number one

on the New York
Times' best seller list?

My whole life changed
when I met Julia.

The confusion I had about
the military went away.

I met people who
thought as I did.

You began attending
your wife's church.

Yes. The Quaker belief system

spoke to how I
want to live my life.

Can you be more specific?

We believe every
human life is precious,

and that God intends
for us to live in peace.

You know, some might
say that's a bit idealistic.

How would you answer them?

Without ideals...

what are we?

Thank you, Commander.

Commander Bentley,

would you ever consider
serving your country

in a noncombative way?

If you're called up after all,

it would be to save
lives, not to take them.

I can't in good conscience
aid the war effort,

even indirectly.

Oh, is that part of
your Quaker beliefs?

Quakers are divided
on this, Lieutenant,

but I would have
trouble being involved

with anything
connected to the military.

Well, you didn't view
the military that way

when you took navy
money to pay for your tuition.

That was before my doubts began

and certainly long
before my conversion.

And after your conversion,

did you attend any,
uh, war demonstrations?

No, Lieutenant.

Did you write any articles

expressing your antiwar views?

I would feel
uncomfortable doing that

while I'm still in the Reserves.

Yeah, I'm trying to determine

if you've ever
actually done anything

to convince me that
you're a committed pacifist.

What I've done, Lieutenant,

is to seek separation
from the Naval Reserves.

I'm not impressed, Commander.

I'm sure that life is sweeter
in the Virginia suburbs

than it is in an
Iraqi field hospital.

Lieutenant, that's unnecessary.

Lieutenant Roberts...

I want to serve God.

Nothing else matters.

I wrote my memoirs

because I think I've led
a pretty interesting life.

You sure it's not the
other way around?

You think I'd risk my career,

my freedom and my reputation

just so I could sell more books?

Maybe you didn't think
your reputation would suffer.

It certainly didn't
after the first time

you did something like this.

Objection.

Sustained.

Major Tunney, did you receive

authorization from your senior

before you opened
fire on Barclay Cale?

No, but... And were you ever

specifically asked by
civilian deputies on the scene

to provide any
assistance whatsoever?

No, but again... Were you aware

of the regulations prohibiting
personnel in the US Armed Forces

from participating in civilian
law enforcement action

on US soil without authorization

from the highest level
of the chain of command?

Yes, ma'am.

And finally, Major,

at the time you
made the decision

to use your helicopter's
20-millimeter cannon

to take out Barclay Cale,

was there any doubt in your mind

that you were indeed
hovering over US territory?

No, ma'am.

I knew exactly where I was.

I have nothing
further, Your Honor.

Major Tunney, you insisted

on taking the stand
today in your own defense.

Why?

I wanted to make it clear

I'm not ashamed of
what I've done, any of it.

I gave that manuscript
to the PAO as a courtesy.

Does that sound to you

like I thought I was
doing anything wrong?

Did you attempt to seek approval

from your immediate
chain of command

before taking action
in this incident?

Yes, sir.

Did you ever receive

direct instructions
from Sheriff Driskell

to leave the scene and
stay out of the matter?

No, Commander.

So, acting

upon what you could
see on the ground,

you decided to take
action in this incident,

knowing full well what the
consequences might be?

Yes, sir. Have you ever done

anything like this
before, Major?

Yes, sir.

In Desert Storm, I was the first

on the scene of a downed F-14.

Now, the Super Cobra only had

seats for the two pilots,

but I could see the
Iraqis approaching.

So, I loaded the
injured pilot into my seat,

and I rode back to
base on a starboard skid

while my copilot
manned the controls.

Could you have received
command approval

for an action like this?

No, sir.

But when I got back to
base, saved that pilot's life,

only thing that my
commanders talked about

was what awards I should
be recommended for.

And do you believe
you should be awarded

a medal for shooting
Barclay Cale, Major?

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

Or to have something
to write about.

I shot him because I
believed it was the only way

I could prevent him
from killing people.

Thank you, Major.

Nothing further.

I guess I owe you

an apology, Dad.

I, uh... I didn't mean
for the questioning

to get so personal in there.

Religion is personal, Sturgis.

You can't discuss
it dispassionately.

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

You still believe

Commander Bentley
is sincere, hmm?

People have a way
of letting you down.

Is this about a woman, Sturgis?

That, uh, Congresswoman,
uh, Latham, maybe?

She loved politics
more than she loved me.

That is ancient history.

It's in my nature
to try to do my best,

but my friends,
my coworkers, it...

Try this one, Dad.

Your son, the son of a
man who joined the navy

back when we were called
colored and Negroes...

A man who tolerated
all that bigotry

because he wanted
to serve his country...

That man's son is facing
a complaint of racial bias.

You embarrassed by
your favorite son yet, Dad?

I was accused of being
racist against Koreans.

Is it the truth?

I don't know.

Then it's not about
your coworkers.

It's about you.

I am so far away from what
I wanted to be in my life,

I don't even
recognize myself, Dad.

We're all sinners,
son... All imperfect.

You got to accept
that and let it pass.

You got to learn how to bend

before you break.

MacKENZIE: The term,

posse comitatus, means
"force of the county,"

and for 125 years, we
have kept the military

out of local law enforcement.

There are no soldiers or
tanks patrolling our streets,

no troops enforcing laws

at the whims of
their commanders.

And that's what separates us

from the banana republics
of the world, Your Honor.

The law is subject to
numerous exceptions,

is it not, Colonel?

Only in very narrow
instances, Your Honor.

In this case,

there were no standing orders

expressly forbidding
Major Tunney

from doing what he did.

But Major Tunney is presumed

to know the law, and
that law makes it illegal

for a marine major
with an attack helicopter

to become a vigilante.

Objection. Pejorative.

Sustained.

Is there any proof
Major Tunney acted

out of any motive
other than to save lives,

including his own
and that of his copilot?

No such proof, Your Honor.

Only a strong suspicion

that the major wanted to
add a chapter to his memoirs.

After 9/11, state governors

had to call the
National Guard in

to patrol airports,

because to give that
job to regular army troops

would have been illegal.

The law is worse than
obsolete, Your Honor.

It's a danger to
national security.

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

The colonel is right.

Commander, you're making

a good argument
for repealing the law,

but until I'm
elected to congress,

what am I to do?

Narrowly construe
the statute, Your Honor.

Rule that merely returning
fire does not violate the law.

We are in recess
until tomorrow at 0900.

Commander Bentley, the skeptic

inside of me says

that you wish to avoid
being sent to Iraq.

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

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

So, I am going to recommend
to the convening authority

that your request for
conscientious objector status

and separation from the
Naval Reserves be approved.

God bless you, Lieutenant.

On a related matter, Commander,
if I understand correctly,

you wish to be removed from
any connection to the military,

no matter how indirect.

That's correct, Lieutenant.

In that case,

I am separately recommending

that you, as a
provider, be removed

from the military health plan.

Removed?

As soon as possible, you
should inform your military patients

that their insurance will no
longer cover your services.

But I will lose my
entire practice.

Commander,

he can't do this, can he?

I'll certainly appeal
on your behalf, Doctor,

but I think the lieutenant's
recommendation

will be favorably received.

But... It seems

quite consistent with
your... beliefs, Dr. Bentley.

Commander, you
asked for separation,

so if you would, sir,
please separate yourself.

That will be all.

Lieutenant...

I will go bankrupt.

Sometimes faith
carries a heavy price.

I have to admit that...

for a while there, I
thought he might be for real.

Never put your faith
in people, Lieutenant.

You will always be disappointed.

It is becoming

increasingly
difficult to distinguish

between an act of terrorism

worthy of a military response,

and a criminal act better
suited for police jurisdiction.

And while I have
reservations about

Major Tunney's behavior,

I also remember our government's

first response to the attack
on the World Trade Center

was to scramble F-16s
over the East Coast.

What Major Tunney
did cannot be considered

a national security
defense countermeasure,

but I do believe he
acted in good faith

to preserve the
lives of US citizens

he saw taking fire.

I do not find that
reasonable grounds

exist to charge Major
Tunney with an Article 92

violation.

Therefore, I recommend

that no disciplinary
action be taken.

This hearing is concluded.

Congratulations, Major.

Thanks, Commander.

Major, you, uh, certainly
dodged a bullet today.

Yes, sir.

Unfortunately, the
wing commander

doesn't listen to
Navy JAG lawyers.

You're being transferred TAD

out of the squadron,
pending a FENAB

to evaluate your flying status.

I guess he figures public
perception of the Corps

is more important
than one man's career.

Sir...

It's, uh...

it's already done, Major.

Come see me in my
office to receive your orders.

So, was it worth it, Major?

Yes, ma'am.

I'd do it again.