All language subtitles for JAG - s07e19.en

♪ ♪

(gunfire)

(grunts)

Man down!

(neighing)

(woman sobbing)

(man shouting
in native language)

Get down, Dunston!

X-ray Tango 302,
this is Sierra Tango 6.

Request
immediate support,

predesignated
position.

Six out.

Roger, Sierra Tango 6.
Support inbound.

Roger that!

Move! Move! Move!

(man shouting
in native language)

(indistinct yelling)

Take him out!

♪ ♪

SINGER:
Glad things worked out

for you, Bud.
I'm sure you are, Singer.

Excuse me, Lieutenant.

The Admiral
would like to see you.

Thank you, Tiner.

Not you, ma'am.
Lieutenant Roberts.

Uh, now?

Just as soon as he's done
with the Commander

and the Colonel, sir.

Thank you, Tiner.

Special Ops
tracked Mustafa Atef

an Al Qaeda leader

to a remote village in
the mountains of Afghanistan.

A SEAL team was sent in

to take him out,
but they were ambushed.

We've seen the
reports, sir.

Four Afghan civilians
were killed

and three SEALs wounded.

And so was Stuart Dunston.

Stuart Dunston?

On a combat mission?

Some knucklehead
had the bright idea

that a TV correspondent
would give the Navy good P.R.

This aired two hours ago.

DUNSTON (on TV):
More questions today

about the SEALs'
ill-fated mission

in Zhawar Kili.

(amidst gunfire):
Man down!

Not only did Al Qaeda chieftain
Mustafa Atef escape

ZNN has now learned
that of the nine Afghans killed

four were civilians.

What's the explanation
for this collateral damage?

None as yet.

The Navy's not talking.

This is Stuart Dunston...

(TV clicks off)

Central Command confirms
there were civilian casualties.

You two will investigate.

That'll be all.

Aye, sir.

Aye, sir.

Tiner, I'm ready for Roberts.

TINER:
Aye, sir.

Commander, he can't be getting
orders to go to Europe, can he?

Who?

Roberts.

He sleeps through a trial
and gets the Med.

Would that be fair?

If you're pumping me for
information, Lieutenant,

I don't know anything.

Can you imagine Roberts
in Naples?

I bet he puts ketchup
on his pasta.

Bud's going to Italy?

Unconfirmed rumor.

I bust my butt,
and he baby-sits his kid.

Sir. Ma'am.

Bud.
Lieutenant.

RABB:
Nothing wrong with being

a family man,
Lieutenant.

Or playing your family
for all they're worth, sir.

Bud doesn't play
his family, Lieutenant.

Maybe I should get a dog.

Pit bull.
Pit bull.

(both chuckling)

CHEGWIDDEN:
At ease.

CHEGWIDDEN:
Well, Mr. Roberts...

your orders came through,
lieutenant.

Yes, sir?

USS Seahawk.

Thank you, Admiral.

Wow, I guess you
really can go home again.

Only this time as Carrier Judge
Advocate for 5,000 crewmen.

It's a dream assignment, sir.

Sea duty in time of war,
Lieutenant,

it'll be great for your record.

And you'll do a fine job.

Now, go kiss your wife, hug your
son, pack your sea bags.

Aye, aye, sir.

And, Admiral, thank you
for your confidence in me.

I... last time
I was deployed

I didn't have a family.

Lieutenant, you will lie awake
every night thinking about them.

But they'll be okay,
and so will you.

CURRY:
I've had a chance
to visit with my men.

None of their wounds are
life-threatening, thank God.

RABB:
You authorized the mission,
Commander Curry?

I gave the good-to-go
based on the intel I had.

Mustafa Atef was purported
to be in Zhawar Kili

with just small group
of bodyguards.

What happened?

The bodyguards turned out to be

a heavily-armed Taliban squad

just waiting
for our Assault Force.

If we hadn't gotten
a gunship in there

it would have been a slaughter.

Coffee?

Sure.

Why was Dunston
with your men anyway?

It wasn't my idea or my boss's.

The order came from
Joint Special Ops Command.

Any idea who?

I asked.

A one-star told me it came
"straight from the top."

That's when I
stopped asking.

If Dunston hadn't been there

would things have
gone down differently?

At least one
thing, Commander.

The story wouldn't be the lead
on the nightly news.

So, Dunston didn't
get in the way?

You'll have to ask
Lieutenant Laslavic.

Sounds to me like
you were ambushed.

Yes, sir.

We rely on the element
of surprise

but they were waiting for us.

So, how did Lieutenant Laslavic
respond, Petty Officer Hamilton?

By the book, ma'am.

No radio transmissions?

Not until we took fire, Colonel.

Did you maintain
radio silence?

Yeah. From the moment
we left Kandahar

until we were ambushed, sir.

What about Stuart Dunston?
Was he a distraction?

He's got a lot of mouth.

What about Dunston?
Did he cause any problems?

At first, ma'am, I thought
he was a real jerk--

bragging about all the action
he'd seen.

There were a few times I had
to remind him who was in charge.

Well, that sounds like Dunston.

Yeah, but, uh, I'm not going
to try and pin anything on him.

Dunston saved my life.

What?

He crawled out from behind cover
and got me after I went down.

That's how he got shot.

We watched tapes
of his broadcasts.

He never reported that.

I guess he's
modest, ma'am.

(sighs)

RABB:
Why didn't you mention saving
Petty Officer Hamilton's life?

Rabb, you know me.

I try and report the news,
not make it.

Well, I seem to remember you
during Desert Storm

dodging missiles
on live TV, Stuart,

and loving
every minute of it.

Well, I've matured a lot
since then, as you have.

Besides, the real heroes
are the SEALs.

Too bad they had
such lousy intelligence.

Meaning?

Too few men inserted
into an area

with too many Taliban.

Plus we know Mustafa
Atef escaped,

so the mission fails,

the SEALs suffer
three casualties

and kill four
innocent civilians.

Take a seat.

Intel is never perfect
in combat.

Yes, I know, Colonel;
the "fog of war."

But tell me this:

Why didn't Commander Curry
send a reconnaissance drone

over the area
before sending his men in?

The Predator
they were scheduled to use

had been reported shot down
the day before.

Well, that should have
told them something.

Hey, Ginny.

This is Ginny Baker,
my associate producer.

This is Colonel Mackenzie

and Commander Rabb.

Hello. Nice to meet you.

Nice to meet you.
Coffee?

Please.
Sure.

Oh, let me do
that, Stuart.

Thank you.

Ginny learned to make
Turkish coffee

and mombar mahshy
while studying in Egypt.

I also learned five languages,
Stuart.

Sorry.

Cairo University's renowned
for its language programs.

And its exotic locale.

One of the
benefits

of having a father
in the Foreign Service.

I grew up in London,
but we traveled everywhere.

Truth is I couldn't even
do my job without Ginny.

All I do is translate cables,
charter planes

and rent an occasional camel.

Stuart is the one
who risks his life.

Mac, we don't let
the media decide

when one of our
Officers-in-Charge

is guilty of dereliction.

But we listen to
all the evidence

regardless of where
it comes from.

Dunston shouldn't even
have been on the mission

in the first place.

Why not? Military actions
are the public's business.

Here we go again.

The media are just as
important as the military

in defending liberty.

But there's
a big difference.

We have to account
for our actions

all the way up
the chain of command.

Who polices the media?

In our system, no one
except maybe the public.

The media are the public's
eyes and ears.

And its mouth.

Didn't we have this debate
about a thousand years ago?

Yeah. Third year
at the Academy.

I wrote a paper on how media
influenced the Vietnam War.

A positive influence,
according to him.

No, not entirely.

And we can't expect the media
to be our cheerleaders,

and we shouldn't blame the media
when we screw up.

And they shouldn't blame us
when we don't.

Commander. Colonel.

Commander, we haven't reached
a conclusion yet.

We're still in discovery.

Well, then you need to see this.

We had an intel collection squad
sweep the area.

The register on your video phone
shows a satellite transmission

51 minutes before the assault
force was attacked.

I called in.

The assignment desk
needed to know

if they were getting
a standup or not.

You were under orders
not to call anybody

unless cleared
by Lieutenant Laslavic.

With the Lieutenant,
I was under orders
not to breathe.

Well, now, Stuart, we know why
you didn't take credit

for saving
Petty Officer Hamilton.

Really?

You knew you screwed up.

You didn't want
to draw attention

to your own conduct
on the mission.

Come on, Rabb, what did I do?
Phone home?

Your call could have been

picked up the by the Taliban.

Not unless they hijacked
an AWACS.

These guys were riding horses
and sending smoke signals.

We're going to need
all your network's records

of your activities
in Afghanistan.

You two ever hear
of the First Amendment?

You can't impede
an investigation

by yelling "free press!"

Fine. And you can't blame me
for the military's mistakes.

MAN:
The news media
are the best friends we have.

There are a lot
of senior officers

that would disagree with that,
Mr. Secretary.

Sure, A.J., because they're
stuck in the Vietnam mode.

Today, if you want
appropriations

for the Joint Strike Fighter

take a network correspondent
for a ride in an F-18.

Congress threatening to cut back
the Marines' budget?

Let a reporter
drive a tank.

This isn't about
appropriations, sir.

No, it's about biting
the hand that feeds us.

Problem is,
the media bite back.

Do you know who has
called me already today?

BOTH:
No, sir.

The Secretary of Defense,
the Secretary of State

and the President's
chief political advisor,

and do you know why?

Because two
JAG officers

who should know better
have been harassing

a well-known
war correspondent.

This isn't harassment,
Mr. Secretary.

Dunston might have
been responsible

for three SEALs being
seriously injured

and four innocent
civilians being killed.

Let's say he was.

Let's say that his call

was somehow picked up
by the Taliban

while they were
roasting goats' brains

over an open fire.

How would you prove it?

Where would you prove it?

Sir, we're all aware that there
is a jurisdiction problem here.

A problem, A.J.?

Nothing happened on our soil.

He committed no crime.

He's not even a member
of the military.

That may be true, sir...

He's not a foreign terrorist

we can ship out to Guantanamo,
is he?

No, sir.

Or try in secret on some ship?

No, sir, he's a civilian
entitled to due process.

Then he is beyond our reach.

That's not entirely true,
Mr. Secretary.

Title 10,
Article 802:

Anyone who accompanies
an armed force

into the field during wartime
is subject to military justice.

You want to court-martial
Stuart Dunston?

Possibly, sir.

On grounds of disobeying
a direct order in combat.

A.J., you approve of this?

I take recommendations
from my senior staff

very seriously, sir.

Do you know the mud storm

that is going
to hit us?

Respectfully, sir, our job
is to follow the evidence

wherever it may lead.

Great. That's just great.

Are you going after anyone else
I should know about?

Dan Rather?
Tom Brokaw?

No, sir.

But someone who should
be taken to task

is the person who authorized
this mission in the first place.

Really?

That would be me.

What the hell is this?

A subpoena.

From a military court?

News flash:
I'm not in the Navy.

When you're with a SEAL team,

you're required
to follow orders.

The military's just plain
paranoid about the media.

With good reason.
Wrong, Rabb.

We're getting briefings
in hotel lobbies.

You don't let us
near the scene

when there are friendly fire
casualties

and then you wonder
why we don't buy everything

you try to sell us.

I don't wonder, Stuart.
I don't care.

Trust us a little.

Reporters are as patriotic
as soldiers.

The problem
isn't disloyalty.

It's that reporters don't know

what might compromise a mission.

Come on. We're not going
to reveal troop movements.

Really?

Seems a certain
magazine reporter

was given inside information
on the invasion of Panama

in December '89.

After a few drinks

at the office Christmas party,
he let the information slip.

Mistakes will happen.

Mistakes like those
cost people's lives.

You're required to turn over
phone logs, videotapes

and all other documents related
to the mission.

You can start with the tape
of your SAT call.

BAKER:
Excuse me, Stuart,
I finished translating

the Al-Jazeera broadcast.

Ginny, get me somebody
from Legal down here.

Right away.

Your lawyers can move to quash
the subpoena

but they'll lose.

I don't get you two.

You've been around.

You ought to know
how this town works.

Rule number one:

never attack the guy
with the microphone.

He always gets the last word.

We were inserted at 2200 Zulu,
about eight clicks north

of Zhawar Kili.

The ZNN bureau
logged Dunston's call

about two hours later.

I remember him
creeping behind some boulders.

He said he had to use
the facilities.

Even borrowed my e-tool.

Let's take a look.

Hey, Ginny.

How about getting someone
to order us up some pizzas?

GINNY:
Yeah, you'll get them flown in
specially

after we get your standup.

Don't hold your breath.

Taliban are more
scarce around here

than strippers
in Kandahar.

Mac, pause this.

That's not a timecode:
33 degrees, seven minutes,

six seconds north.

69 degrees, 54 minutes,

seven seconds east.

Geographic coordinates.

Anybody picking this up

would know the exact location
of the SEALs.

That son of a...

There's no proof

that Dunston's transmission
was intercepted.

RABB:
Let's take a look
at the rest.

GINNY:
Have they told you
where you're headed?

Nope. Top secret.

Stuart, when are we gonna hear
from you again?

Don't know.

If Lieutenant catches me,
he'll raise hell.

I'd better wrap it up.

That's an admission
he knew about the orders

and willfully violated it.

Still, no nexus between the call
and the ambush.

What's all this
lawyer talk about, Commander?

It means it's not going
to be easy finding someone

to file charges.

And even harder to prove them.

Wow, French.

Yeah, well,
we're getting sea pay

and hazardous duty pay

and I'll be on fast track
to make Lieutenant Commander.

Looks beautiful.
Here you are, sweetie.

Thank you.

Honey, sea duty is just
the beginning.

My next orders could be
to battle group JAG.

Cheers.

Cheers.

I thought
that this is what you wanted.

I did. I do.

Now it's just seeming
very real suddenly.

Honey,
I'm going to miss you, too.

It's a two-year assignment,

six-month deployment
on the Seahawk.

How many candlelight dinners
like this are we going to have?

The ones we do have
will be all the sweeter.

Some husbands...
in foreign ports

they get lonely...

Oh, no, no. Never.

Never.

What about dinner?

It can wait.

Admiral, I was hoping
to see you.

What is it, Lieutenant?

Now that Roberts
is transferring out,
I was wondering...

Commander Rabb will be
dividing up Roberts' files.

Yes, sir.

I just thought, sir,
the Crawford court-martial--

Roberts hasn't had
much time to work it up.

Perhaps I should
dig into it.

Crawford.

I thought we were farming out
Crawford to NLSO in Naples.

Isn't it a simple UA?

Not so simple, sir.

Crawford went UA, got drunk,
busted up una bettola,

stole a Vespa, rode it
into the Mediterranean...

Caused quite a fuss over there.

Una bettola?

Angling for a trip to Naples,
Lieutenant?

I have been
studying Italian, sir.

Excuse me, sir.

The Commander and the Colonel
are waiting for you.

Lieutenant.

Thank you, Tiner.

Anytime, sir.

I read your report.

Any precedent for the military
going after a journalist?

Well, sir, Abraham Lincoln
wanted to prosecute

a New York Times editor
for publishing troop movements

during the first
battle of Bull Run.

MacKENZIE:
And for encouraging
Union soldiers to desert

but Lincoln
decided against it.

There was also an incident
in the War of 1812.

War of 1812.

Yes, sir.

After the battle for New
Orleans, General Andrew Jackson

ordered a newspaper editor
court-martialed, sir,

for publishing a story
that hadn't been approved.

The war ended, and the
prosecution was dropped.

Recommendations?

Under Section 802...

I know, Dunston
was with an armed force

during time of war
and in theory

is subject
to military justice.

Yes, sir.

But he had no commanding
officer.

Who has the authority to convene
such a court-martial?

Well, under section 22-A
of the UCMJ, sir,

there is one person.

Oh.

Yes, Mr. President.

That's right.

Lincoln never did

and the newspapers
kept printing orders

of battle and troop movements.

Well, sir,
if we do decide to prosecute,

the news media will raise hell
and you will take some heat.

No, sir, I would not recommend
that you get out of the kitchen.

BAKER:
Hey, wait a minute,
wait a minute!

You can't go in there.
Yes, we can.

He's going on the air.

We have something
he might want to report.

DUNSTON:
Mike check.

Now is the time
for all good men

to come to the aid
of their... country.

GINNY:
I don't know how they got
past security, Stuart.

It's okay, Ginny.

Stuart, we're on in 30.

What is it, Rabb?
You've got 25 seconds.

MacKENZIE:
Stuart Dunston,

by order of the President
of the United States,

a court-martial
is hereby convened

to hear criminal charges
against you.

Court-martial?

You've got to be kidding.

Oh, this is no joke, Stuart.

You're in the Navy now.

SECNAV:
"Navy Scapegoats the Media."

"Investigation or Witch-hunt"

and, my personal favorite,
"Navy's Image Sinks."

I've seen them, Mr. Secretary,

but the President knew
we'd take some hits

when he convened
the court-martial.

And I'll live with that decision

but I don't want to win
the battle in the courtroom

and lose the war
on the editorial pages.

Take a look at this.

Stuart, are you
guilty of a crime?

I'm guilty of trying
to do my job--

the only job
specifically protected

by the U.S. Constitution.

The military claims
that you violated an order

and as a result, four
Afghan civilians were killed

and three
Navy Seals wounded.

Bad intelligence and flawed
planning were to blame, not me.

There's an old
saying, Wendy.

The first
casualty of war...

is the truth.

You're saying the military
is managing the news?

They did it in Panama

and Somalia... and Desert Storm

and they're doing it here.

We've given Dunston
a bigger soapbox.

So Mackenzie and Rabb
will just knock him off it.

JUDGE:
Does the defense have

any preliminary motions?

Yes, Your Honor, Mr. Dunston's
civilian counsel has asked me

to argue the motion to dismiss

on the grounds
that this court-martial

lacks personal jurisdiction
over Mr. Dunston.

I'm intrigued,
Commander,
to hear why.

Mr. Stuart Dunston, a civilian,
is charged with two counts--

violating an order
and aiding the enemy--

both under the Uniform Code
of Military Justice.

Wasn't Mr. Dunston
accompanying
a military unit

engaged in combat
in time of war?

In combat, yes--
in time of war, no.

We may talk about a war
on terror, Your Honor

but that has no legal meaning

without a declaration
by Congress.

Your Honor, there was no
declaration of war

in Vietnam, Korea or in the
Gulf War, for that matter

but I have no doubt, sir,

that the men and women
who served in those conflicts

knew they were
at war.

Do you have authority
to support that proposition?

Your Honor,
in United States v. Castillo,

the Court
of Military Review found

that Desert Storm
was a de facto war.

But the Court of
Military Appeals

ruled just the opposite

in U.S. v. Averette.

It held that a civilian

employed by the Army
in Vietnam couldn't

be tried for theft because
Congress never declared war.

So the cases
are all over the waterfront.

RABB:
Your Honor,
in these times

we can expect more undeclared
wars on bands of terrorists

than declared wars
on sovereign nations

but for the safety

of our men and women
in combat, sir,

it is imperative
that civilians in the field

be bound by military discipline.

I agree.

The accused's motion
for dismissal is denied.

Thank you, Your Honor.

Thank you,
Your Honor.

But a word of warning.

If all you prove is a technical
violation of an order

this case will never
get to the members.

Sir.

Unless you show
that Mr. Dunston's conduct

was the proximate cause
of the ambush,

I'll dismiss all charges

and specifications.

We're fighting
to protect ourselves

from violence and fear...

We're not equipped
for this kind of trial.

Our court is the only place
for this kind of trial.

Military justice works
just fine... for the military.

You're being
used, partner.

Being used is when you don't
believe what you're saying

when you're
just a mouthpiece.

You're really buying
into this.

This isn't just
lawyering.

We're fighting against men
without conscience.

Harm, when I took an oath
to defend the Constitution

that included
the First Amendment.

The First Amendment
doesn't give the press

the right
to endanger lives.

Thomas Jefferson once said
if he had to choose

between a government
without the press

or the press
without a government

he'd choose
the press.

Jefferson didn't
know Stuart Dunston.

You really think
that Dunston's innocent?

No, I think he's guilty
of arrogance and conceit

but that doesn't mean we
should court-martial him.

BUSH:
For all the reasons

we're fighting to win,
and win we will.

The President seems
to think you're wrong.

TURNER:
So, he won't
make me an admiral.

The President's going
to answer questions

from the press
after his speech.

Someone will ask him about
the Dunston case, won't they?

It's all the media seems
to be able to talk about.

And whatever he says will
be widely publicized.

I see where you're going
with this. It won't work.

Depends on what
the President says.

Commander, what's
the hardest part

of being a submariner?

Holding your breath.

(laughing)

Oh, what's that?

It's goose pate with
deviled quail eggs.

Would you like one?

Oh, no, thanks.

Admiral, I was hoping

your new friend
would be here.

Uh... who?

That lovely woman that knows
all about Shakespeare.

Oh, she couldn't
make it this evening.

Excuse me, Lieutenant.

What sort of cases

are you expecting, Bud?

Hot-button issues, ma'am.

Approving tactical strikes
on enemy targets...

working with allied
legal officers

on international treaties...

Really?

Oh, yes, sir, perhaps even

trying foreign terrorists
in military tribunals.

It sounds exciting,
Lieutenant.

Well, sir, compared

to the mundane day-to-
day work of JAG...

Not that

what we do here
isn't important.

Glad to hear you say that.

It's just that, you know,
international law is...

A hotter button.

TURNER:
The President
said he supports

punishing anyone who
endangers American lives,

including reporters.

Now, that statement clearly
refers to this trial

and prejudices
my client's rights.

Are you aware of the severity
of such a charge, Commander?

Yes, sir, but when
the convening authority

makes televised statements
calculated to influence

the court-martial,

I will be derelict
in my duty

if I do not respond.

The convening authority
is the Commander-in-Chief.

Which makes the statements
even more egregious, Admiral.

And your motion
even more precarious.

I recall when Charles Manson
was on trial.

President Nixon said he
thought Manson was guilty.

And the motion
for mistrial was denied.

But civilian jurors
weren't dependent

on President Nixon
for promotion.

Your Honor,
the President merely said

the guilty should be punished.

Where is the prejudice in that?

Let's find out.

22, you're cleared to land.
Spot 2.

HELICOPTER PILOT:
22, roger that.
Spot 2.

Let's go!
Yes, sir!

Welcome aboard,
Lieutenant.

XO's waiting
for you, sir.

MAN:
Used to have
two judge advocates,

till one was assigned
to Kandahar

and the other to the Stennis.

Work's been piling up.

Well, that's okay
with me, sir.

It's all part
of combat duty.

Before we insert you
behind enemy lines, Lieutenant,

why don't you
finish checking in.

Captain Johnson
would like you to join him

for evening chow at 1900.

Aye, aye, sir.

Uh...

I'm sorry, I thought
that this was...

The Legal Office?

Don't you remember
me, Lieutenant?

Christmas, your house...

Petty Officer Coates.

I thought
that you were...

In the brig, sir?

Well...

I did my time.

Changed my attitude.

I've been reassigned.

Me, too.

Reassigned.

I know, sir.

I'm your Legalman.

JUDGE MORRIS:
Are you aware
of certain statements

made by the President
about this case?

I am, sir.

Can you follow
my instructions

in reaching
a verdict?

I can, Admiral.

And disregard any statements
made by anyone else

including the President?

That would
not be a problem, sir.

Can you render a fair and
impartial verdict based

solely on
the evidence?

It's my duty,
Admiral.

Very well.

Your Honor, the members may
think they can remain objective

but there's no way they can put
the President's words

out of their minds.

You can't
unring a bell.

Your Honor,
the members

are military officers, and
there is no reason to believe

that they will do anything
other than follow the court's

instructions.

I agree.

The court is satisfied
that no prejudice occurred.

Motion to dismiss is denied.

Call your first witness.

I firmly believe
it's in the national interest

for the public to be informed
of military actions.

So you approved
the accused's request

to accompany a SEAL assault
force on a combat mission?

I did.

On what condition?

That Mr. Dunston agree
to waive all liability

in the event of his
injury or death

and to follow orders
at all times.

Can you identify
what's been marked

as Government Exhibit One?

That's the written agreement,
signed by Mr. Dunston.

Thank you.

Your witness.

Sir, why did my client approach
your office for approval?

Because he'd been
turned down

by Lieutenant Laslavic

and by Commander Curry,
the Mission Commander.

Turned down also
by Joint Special Ops Command?

Yes.
Why?

They thought the mission was
too dangerous for a civilian.

Apparently, they were right.

Regretfully, they were,
Commander.

Do you think Mr. Dunston
is responsible

for three SEALs being wounded

and four Afghan civilians
killed?

Objection. Calls
for a conclusion.

Overruled.

I wasn't in Afghanistan.

I don't know
what Mr. Dunston did.

But I know what I did.

I failed to listen
to the commanders in the field.

I'm the one who's responsible.

LASLAVIC:
We try to avoid being seen,
heard, even smelled.

I mean, we don't even
heat our MREs

because the smell of warm food
could compromise your position.

As Assault Team Commander,
what orders did you give?

To be silent and invisible
as much as humanly possible.

RABB:
With regards to Stuart Dunston?

Well, I ordered him specifically
not to use the satellite phone.

RABB:
Were you aware, Lieutenant

that 51 minutes prior
to the ambush

of your team, Stuart Dunston
made a phone call?

Not at the time, sir.

Thank you, Lieutenant.

Your witness.

Do you have evidence

that the video call Stuart
Dunston made was intercepted

by enemy forces?

No, sir.
Do you have any evidence

that the enemy even
had the equipment

to intercept such a call?

No, sir.

Once you were attacked,

what did Mr. Dunston do?

Well, he took cover.

And when Petty Officer Hamilton
was shot?

Mr. Dunston got to him,
and he pulled him to safety.

While you were taking fire?

Yes, sir.

TURNER:
So that the members
understand,

Mr. Dunston,
a civilian, crawled out

from his position of cover,
and risked his life

to drag one of your men
to safety?

Yes, sir.

"Oversleeping."

"Soiled uniform."

"Attempted cursing?"

How is that even possible?

He got half the
word out, sir.

This is our caseload?

There are more
serious ones,
Lieutenant.

"The case of the purloined
crustacean"?

I sometimes give the
cases names to help
me remember them.

"Two seamen are accused
of raiding a chill box

and stealing the
officers' lobsters."

What? A joke?

More like dinner, sir.

They steamed
the lobsters
on the boilers.

What's the evidence?

A couple of claws?

Here, let me show you.

(phone rings)

Legal. Lieutenant Roberts.

Call for you
from a Colonel MacKenzie.

Yeah, put her through.

How's it going out there,
Lieutenant?

Hi.

Oh, just up to my elbows
in cases, ma'am.

Well, you're going
to be out of touch soon

so I thought you'd like to hear
from someone.

Say "Hi" to Daddy.

Hi, Daddy.

Hey, A.J.

It's my son.

Hi, sweetie.

Who are you talking to?

Uh, my Legalman.

Well, I hope
he's good at his work.

Uh, yes, very...

well-organized.

DUNSTON:
That's correct.

The lieutenant told me
not to use the SAT phone.

But you ignored the order?

No disrespect to
Lieutenant Laslavic

but I know
a little more

about electronics
than he does.

Meaning what?

The satellite phone has a narrow
beam width with no side lobes.

Now, maybe one

of our EC-135 Rivet Joints
could intercept the call,

but not some ragtag Taliban

using walkie-talkies
with flashlight batteries.

Your Honor, we move
into evidence

documents certified
by the Measurements

and Signatures Intelligence
detachment.

They show no
electronic
surveillance

activity by any unknown forces

on the night of the incident.

JUDGE MORRIS:
So admitted.

TURNER:
Your witness.

RABB:
You ever serve
in the military,
Mr. Dunston?

Apparently I have...

for one night.

(scattered chuckles)

You understand
that in the military

all lawful orders
must be obeyed?

So I'm told.

Do you admit
to signing an agreement

to obey all such orders
as a condition

of accompanying
the SEAL Assault Force?

I had three choices, Commander.

I could stay in the hotel
in Islamabad

and watch Al-Jazeera on TV.

I could attend the Army's
daily briefings-- what we call

"The 5:00 Follies"--

or I could do
whatever was necessary

to join an assault force
in the field.

So you signed the agreement
never intending to abide by it?

I signed it not intending

to give up the right
to think for myself.

Oh... well, apparently,
you reserve the right

to decide which orders
you will obey

and which you choose to ignore.

My bosses can tell you
I usually disobey theirs.

Well, your boss this evening,

Mr. Dunston,
was Lieutenant Laslavic,

whose job it was
to complete a dangerous mission

and to protect his team

which also included you.

I didn't do anything
to jeopardize the lieutenant,

his men, or myself.

You were really good
in there, Stuart.

Thanks. But I'm more
comfortable asking
the questions.

Hey, Rabb,
no matter the outcome

uh, no hard feelings, okay?

Spoken like a
man who expects
to win, Stuart.

You're more charitable
than I am, Stuart.

(phone rings)

Hello.

(speaking Farsi)

Sorry. Kashmir
Bureau Chief.

They have an interview
we may want.

DUNSTON:
Good.

We'll wrap this thing up
tomorrow,

and I can go back
to work a free man.

She speaks
fluent Farsi.

She's an interpreter, Mac.

With perfect
intonation?

She studied
at the University of Cairo.

Foreigners who learn Farsi speak
with a noticeable accent.

Where are you going with this?

Ginny Baker is a native speaker.

The Kashmir Bureau Chief
would speak Urdu, not Farsi,

and they weren't talking
about the interview.

They were talking
about Stuart Dunston.

MacKENZIE:
Miss Baker, did you receive
a satellite call

at the network
from Stuart Dunston

when he was in the field
with the SEAL team?

Yes.

And that was at 7:37 p.m.,
Washington time?

About then.

According to your cell phone
records,

you made a call three minutes
after hanging up.

If you say so.

The records say so.

Why didn't you use
the network's phones?

Objection. Mr. Dunston admits
he made the call to the network.

Whatever Miss Baker did
thereafter is irrelevant.

I'll tie it up, Your Honor.

Hopefully in short order.

JUDGE MORRIS:
Miss Baker, why did you use
your cell phone?

It was a personal call.

To Islamabad, Pakistan?

Yes.

To a cell phone registered
to an Aziz Nasiri.

He's my cousin on
my mother's side.

Must have been
an important call.

Well, in Islamabad,
it was about 5:40 a.m.

Sometimes I forget
about the time difference.

MacKENZIE:
What does Mr. Nasiri do
for a living?

Your Honor...?

He works for

an international charity.

Does it have a name?

I can't remember.

Holy Land Liberation Crusade.

That sounds right.

Which was just listed
by the attorney general

as a fund-raising front
for Al Qaeda.

GINNY:
I know nothing about that.

Where were you born, Miss Baker?

I don't think that's relevant.

That's for me to decide.

Answer the question.

London.

And where were you raised?

GINNY:
Different places.

My father was a diplomat.

She told me she was
raised in England.

MacKENZIE:
Actually, your parents divorced
shortly after you were born

and you returned
with your mother to Iran

where you were raised
by her family.

Is that a crime?

And while Baker is
your father's name

the name you used
just before coming

to the States last year was
your mother's: Zahedi. Correct?

I thought
if I used my Iranian name

I'd be discriminated against,
and apparently, I was right.

Is that why you traveled
under a forged English passport?

I don't know
what you're talking about.

Who forged it? VEVAK--
the Iranian Intelligence Agency?

That's ridiculous.

Where's your mother today?

Why don't you ask your CIA?

MacKENZIE:
The Zahedis were prominent
Shiite clerics.

Were they persecuted
by the Shah of Iran?

They were killed--

my entire family wiped out
by a despot

backed by American money
and American military.

MacKENZIE:
And you would do anything
to avenge their deaths.

The call you made that night was

to disclose the SEALs' position
to Aziz Nasiri

so he could relay it
to Taliban forces.

Isn't that true?

(speaks Farsi)

She refuses to answer,
Your Honor.

The Master-at-Arms will take
the witness into custody.

JUDGE MORRIS:
Have you consulted

with your attorney?

I have, Your Honor.

And you understand
by changing your
plea to guilty

you waive
all defenses?

I do.

Now how do you plead?

I thought I was innocent,
Your Honor.

But I am, at the very least,
morally responsible.

I plead guilty.

The court finds that your plea
is knowing and voluntary

and hereby finds you

of all charges
and specifications, guilty.

Does the defense counsel
have anything

in mitigation of sentence?

Sir, I would ask
that the court take into account

Mr. Dunston's acceptance
of responsibility

and expression of regret.

Trial counsel...

anything in aggravation
of sentence?

Your Honor, the principle
that's been established here

is more important
than any sentence

the court might impose.

I agree.

Mr. Dunston,
the court trusts that you

and the rest of the news media

have learned
an important lesson.

I sentence you

to 12 months
confinement
at hard labor.

However,

I'm recommending

that the convening authority
suspend sentence.

This court's
adjourned.

(pounds gavel)

Stuart...

Thank you.

One or two "E"s
in judgment, sir?

ROBERTS:
Uh, either way,
but one is preferred.

Good. Less typing.

Oh, look.

You've got an email
greeting card.

Oh, let me see.

Oh, so cute.

I miss them so much.

I'll email your wife

and tell her how much
you like the card.

Uh, no, let me do that.

Why don't you go work
on updating the Captain's Masts?

Yes, sir.

(indistinct PA announcement)

DUNSTON:
Earlier today,
I threw myself

on the mercy
of a military court.

Now, I do the same

with the court
of public opinion.

I do so because I am guilty,

not just of disobeying an order
in a time of war.

I'm guilty of pride,
of smugness,

of all-importance.

DUNSTON:
To the American people
and to the Afghan people

I express my sincere regret
for my conduct.

It was inexcusable.

I'm going to take some time off

after I visit each
of the wounded SEALs

and personally apologize
for my actions.

Then I'll be back on the air,
but with a different attitude.

This is Stuart Dunston.

I was wrong about
the system, Harm.

It did work.

Oh, we were all
a little bit wrong.

Don't look at me.

I wasn't wrong about anything.