All language subtitles for 02JAG S05E02 Rules of Engagement (2)-eng

Previously on JAG:

Pappy, I've got a pop-up.

Armoured vehicles converging
on inbound refugees.

Suspect refugees in danger.

Badman 3, if you haven't been shot at,
Photo Bird is clear.

Recommend disengage.

I can't,
they're going after those refugees.

- I smoked them good, Boomer.
- Oh, you are the man, X.

- Plus you get all the luck.
- Oh, yeah.

Is this the man?

Is this the man?

Something wrong, CAG?

Lieutenant Buxton,
did you attack vehicles

on the highway east of Zlata?

Yes, sir.

Serb armour about to cut off
a group of refugees, sir.

Those Serbs, Lieutenant Buxton,
were Russian peacekeepers.

You killed three
of their senior officers.

Commander Rabb was there?

He was close by.
He was not involved in the action.

Well, that would be a first.
You've gotta move on this, A.J.

Mr. Secretary, with all due respect,

we don't even know
what happened yet.

The Russians say
this Lieutenant Buxton

cold-bloodedly murdered three
of their senior officers.

Well, they were always so reliable
during the Cold War.

The Cold War is over, we hope.

Now, do I need to tell you
how important it is

to keep them on our team
in Kosovo?

I pulled Lieutenant Buxton's
service record,

and he has excellent ratings
across the board.

Crackerjack pilot,

likely next assignment
Test Pilot School,

could end up an astronaut.

I was thinking something more
along the lines of a court-martial.

Sir, we still don't know
what happened.

Then find out.

Thanks.

Hey, stranger.

- It's good to see you.
- You too.

So how was your trip?

Lieutenant colonel? Ma'am.

Well, this just happened.
I was gonna tell you.

My heartiest congratulations, ma'am.

Thank you, commander. At ease.

Can we get to work now? I could really
use your help on this investigation.

You know, the Russians
are screaming bloody murder.

The Pentagon doesn't know whether
to go to war or dig a hole in the sand.

Well, I'm no longer
with the JAG Corps, ma'am.

I'm an aviator.

Oh, so you're not one of us,
you're one of them.

I will, of course, obey any lawful orders
that you give me, ma'am.

- I will try to keep them all lawful, then.
- Aye, aye, ma'am.

These things happen, colonel.

Sometimes they do, captain,
but they're not supposed to.

What was Lieutenant Buxton
supposed to be doing

when he attacked
the Russian vehicles?

Monitoring the no-fly zone,

keeping Yugoslavian aircraft
out of our operational area

as defined
by the cease-fire agreement.

The no-fly zone was up in the air,
correct?

He was also escorting a plane

photographing
suspected mass gravesites,

and he was aware
that rogue Serb forces

have been slipping across the border,
terrorising returning refugees.

We have standing orders
to prevent that.

I see. Had the vehicles
Lieutenant Buxton fired on

been reported to be violating
the cease-fire or terrorising refugees?

Not to my knowledge.

Captain, I'll need the HUD tapes
from that mission.

Also radio and radar readouts,

a copy of Lieutenant Buxton's
kneeboard cards,

and a tape of the CVIC briefing.

Everything Lieutenant Buxton saw
before he went up.

How about what he saw
after he went up?

I'm all ears, sir.

- She talked to my RIO, sir.
- She's just doing her job.

She talked to my plane crew,
talked to the damn Russian admiral.

I can get to some people
before she does.

Don't do it, Buxton.

They could pile on
obstructing justice too.

Those desk jockeys
aren't gonna be happy

until the X-Man's butt
is polishing a rack in Leavenworth.

Look, I know the colonel.
I guarantee you she's fair.

But does she understand?

You were up there with me.
You know what it's like. Come on, sir.

You would have taken the shot,
wouldn't you?

I don't know that.

Do you know how it felt, Pappy?

Like a tool in a groove,
like a hand in a glove.

I mean, how many times
have we practised strafing?

If I get trained 20 years,
my entire life,

to fight in an aircraft
and then retire without ever doing it,

what would that make me?

- Lucky.
- Oh, come on.

You just wanna bore holes in the sky
your whole time in the Navy,

or do you wanna do
what you were built to do?

Look, if I saw those trucks doing
whatever it is you thought they were--

Driving.

Driving? They were Yugoslavian
and they were just driving?

They were in the wrong place
when I was in the right place.

That's what I thought.

You shouldn't be telling me this.

Why?

- Hello, admiral?
- MacKenzie.

That's the SECNAV, colonel.

He wanted to hear your report
firsthand.

- Good morning, sir.
- What have you got?

Well, Lieutenant Buxton's orders
were very clear, sir:

"Do not engage ground forces

without incontrovertible evidence
of prohibited activity.

If in doubt,

call the battle force commander
for authorisation."

What did his RIO say?

Well, he said he was too busy
with his instruments

to see what was happening.

At ease, lieutenant.
Are those the photographs?

- Yes, sir, these were--
- Thank you.

--Taken after the attack.

The destroyed Russian vehicles had
the letters K4 on their roofs and hoods.

They were clearly marked
as part of the peace force.

If Lieutenant Buxton had bothered
to take a look, which he didn't,

radar shows he went down once,
to strafe.

- No identifying passes.
- Sounds like we have plenty.

Colonel MacKenzie,

can you win a conviction
on manslaughter?

Maybe, sir.

Disobeying orders
would be a stronger case.

Then we'll charge him with both.

- I mean, you just never know, right?
- Thanks.

Bravo, colonel. Bravo.

I thank you for seeking justice
for our murdered colleagues.

You like to sit with me?

No, I'm sorry, I promised
to sit with Commander Rabb.

Why don't you give me
the bubonic plague too

while you're at it?

Do you want me to eat
in my stateroom

so the other boys
don't get mad at you?

No, no, stay.

I should warn you, though,
that meat loaf was a bad choice.

Right. Thanks.

We haven't really had a chance
to talk.

Well, we've exchanged e-mails
a few times.

Of course,
you failed to tell me of your promotion.

Well, I didn't wanna
take your mind off--

My new inferiority?

- You feel inferior here?
- Here? No, Mac.

I was born to be a pilot.
I belong here.

So JAG, what,
you were just killing time

till you got your eyes fixed?

No, JAG was fine,

although I don't envy
being in your shoes at the moment.

Colonel MacKenzie,
may I have a word with you?

Manslaughter, ma'am? It isn't right.

Court-martial will decide what's right,
lieutenant.

I was doing
what I was supposed to do,

what I was trained to do.

This is not the time or the place.

Ask the commander.
He'll tell you, ma'am.

- Tell me what?
- What I did, why I did it.

He understands.
I told him what happened.

- You told him everything?
- Yes, ma'am.

Well, then you just put him
on my witness list.

- Wait a minute.
- You can't do that.

- Actually, I can.
- Yes, but she really doesn't want to.

Because Commander Rabb
is my lawyer.

- What?
- I thought you quit JAG.

- I did quit JAG. I can't be your lawyer.
- Well, you already are, sir.

I told you things confidentially.
You gave me legal advice.

- He did? You did?
- Well, maybe a little.

You're my man, Pappy.

Well, Pappy,
I'll be seeing you in court.

In what has become a familiar ritual,

chanting Russians marched outside
the American Embassy today,

denouncing the deaths
of three Russian officers in Kosovo.

They're court-martialling
the poor bastard who killed them.

What else do they want?

Well, they want you to lose,
commander.

Excuse me, sir?

You're the lead counsel in defence
of the poor bastard who killed them,

so I suggest that you put "alleged"
in that phrase from now on.

I thought Commander Rabb
had the case, sir.

Well, I thought it was better
that the attorney of record

was a lawyer still sanctioned
by the Navy to practise law.

I don't think Rabb
will be happy to see me, sir.

Lieutenant, you'll assist
Colonel MacKenzie in the prosecution.

Aye, aye, sir.

You and Brumby will leave
for the Mediterranean at 1930 tonight.

You can leave the office,
say, 1700 to pack.

We don't all have to be there
for the investigation, do we, sir?

Well, it is customary
the attorneys attend the court-martial.

It's gonna be held
on the Patrick Henry.

Why, sir?

Well, the CAG made
the not unreasonable point

that the defendant,
several of the witnesses,

and one of the defence attorneys
are active-duty pilots in a war zone.

They may need to walk out
of that courtroom and do their jobs.

- That will be all.
- Sir?

Do you have any message
for Commander Rabb?

No.

- Hey, how was your trip?
- I don't know.

I'll ask my stomach
if I ever see it again.

You've never been tailhooked
before?

My mother said it was a sin
before marriage.

Flight Deck Green Crew
get on the line.

- Bud.
- Colonel.

I'm ready to dive
right into this case, ma'am.

Somehow, Bud, you don't look it.

Do you know
where Commander Rabb is?

Out there.

He's keeping up his quals.

We shouldn't even
be having this conversation.

What Lieutenant Buxton did
isn't manslaughter.

At worst, it's collateral damage.

Any person who unlawfully kills
a human being by culpable negligence

is guilty of involuntary manslaughter.

Actually, we could've charged murder.
We're already giving you a break.

I didn't murder anybody, ma'am.

Lieutenant, now,
you insisted that I be your lawyer,

so listen to me. Be quiet.

We might reduce the charge
even further if your client pleads.

- To what?
- Negligent homicide.

Three years confinement
and a dishonourable discharge?

For killing three people?
It's a bargain.

- Unacceptable.
- Hold on, let's confer with our client.

I know where my client stands.

- How?
- Am I allowed to talk now?

- No.
- Yeah.

Maybe you three should have
a conference among yourselves

before you get together with us.

- Excellent idea.
- We don't need one.

Well, they'll get it together
eventually, Bud.

For the "disobeying an order" count,
we'll need to nail down

that NATO rules of engagement
qualify as a general order.

I think the older precedents
are on our side, but I want you to...

Bud. Bud?

Do you know
what they're doing up there?

They're landing 40,000 pounds
of screaming metal

onto a tiny speck
in the middle of the ocean.

That's what Lieutenant Buxton does
for a living.

Commander Rabb too.

All I do is look up legal technicalities
on a laptop computer.

Well, would you feel better about it

if your computer
weighed 40,000 pounds?

No, ma'am.

Those precedents,
do you want military courts only,

or anything federal?

Yes, ma'am, as the fleet JAG,

I briefed the members
of Squadron VF-218

on the rules of engagement
for Operation Joint Guard.

Was the defendant, Lieutenant
Buxton, present for the briefing?

- Yes, ma'am.
- So, what did you tell the squadron?

Well, basically,
that they could use force

only when enemy forces
were demonstrating hostile intent

or committing hostile acts
against NATO forces

or civilians under our protection.

And what if the situation
was ambiguous?

Then they were to pass requests
to use force up the chain of command.

And after you explained all that, what,
if anything, did Lieutenant Buxton say?

He said,
"And if I need to scratch my six,

do I have to call the president?"

What is his six, Lieutenant Aldridge?

- His behind, ma'am.
- Thank you.

I'm an S-3 pilot
in Sea Control Squadron 28,

attached to Air Wing 16
onboard USS Patrick Henry.

We fly antisubmarine
warfare missions.

We also do in-flight refuel.

Was there an occasion last month

when you began and then aborted
a refuelling of the defendant's plane?

Objection. That occasion has nothing
to do with the incident at issue here.

What is the relevance,
Colonel MacKenzie?

- I believe it will soon become clear.
- Give me a hint.

Negligent carelessness
is a key element of manslaughter.

We will show that such carelessness
by Lieutenant Buxton

did not suddenly emerge
on the day of the crime charged here.

- I'll allow it.
- Sir.

- I'll allow it. Just keep it short.
- Yes, sir.

Lieutenant Mirvis,
please describe that aborted refuelling.

Yes, ma'am.

Lieutenant Buxton radioed us
that he was low on fuel.

We were low ourselves,
but we told him to come on over

and I streamed my drogue.

- I was about to give everything I had.
- What happened then?

We received an emergency call
from another pilot.

Actually, the commander.

He'd had a bird strike
and was streaming fuel.

So two planes needing fuel
and you low.

What would standard operating
procedure be in a situation like that?

Give them both a little
and direct them to another tanker.

- Is that what happened?
- No, ma'am.

Lieutenant Buxton pulled away

and said that he could make it back
to the carrier okay.

Really?
Well, when he first radioed you,

how much fuel
did he tell you he needed?

He said he needed 2,000 pounds.

How much fuel was he supposed to be
carrying in reserve when he landed?

- Two thousand pounds.
- Two thousand pounds he didn't have.

He could've crashed,
isn't that right, lieutenant?

- He did land safely, colonel.
- He barely landed at all.

- Objection.
- Withdrawn. No further questions.

Lieutenant Mirvis,
by declining to take fuel for himself,

did Lieutenant Buxton
accomplish anything that morning?

Yes, sir.

He made sure that you got enough
to get back safely.

Thank you.

Look at that, commander.

Getting up to 1,500 miles an hour,
pulling six-G turns,

finding a carrier deck
on a night like this.

You know what the pilots call us?

"Legal weenies."

Yeah, well, at least we don't have to go
1,500 miles an hour,

pull six-G turns, or find a carrier deck
on a night like this.

Sorry, commander, I didn't mean
to imply you should feel inadequate.

Maybe they're the ones
who feel inadequate, Bud.

All right, how did you hear
about the refuelling incident?

Well, the Russian admiral told me.

Apparently Buxton told him the story
when they were jaw-jacking one night.

That was before
he started killing Russians.

Harm, you knew he was pulling stunts
like landing on fumes.

He could've killed three people then.

- He didn't.
- He could have.

I mean, you didn't blow the whistle.
What was that?

Some sort of
macho pilot camaraderie?

- You don't even like the guy.
- I'm a pilot, Mac.

I don't pull out my law book
every time I see one of them jaywalk.

Oh, so you let him jaywalk,
and now here we are.

Gives us an opportunity
for another one of our friendly chats.

What is your assignment
in the Air Force, Captain Weston?

I'm a senior strike controller
on an E-2-Charlie Hawkeye

flying out of Aviano.

And what is your mission?

We basically fly around
on surveillance station

for 12 hours at a time,

providing command and control
for allied aircraft over the truce area.

- Do you tell NATO pilots what to do?
- Yes, ma'am.

You tell them what not to do?

We do, or we provide a link
to the command centre in Vicenza,

and it tells them.

Did you communicate one day
last month with the defendant?

- Yes, ma'am.
- I renew my objection to this.

The day the colonel is asking about

is not the day of the incident
we're concerned with here, sir.

Is that right, Colonel MacKenzie?

Yes, sir, it was another occasion

when the defendant demonstrated
dangerously reckless conduct.

May we approach, sir?

What exactly is this witness
gonna testify to?

A few days before the defendant
started killing Russians,

he defied warnings to stand down,
crossed into Yugoslav airspace

to chase a MiG
that he had no right to chase,

and was nearly shot down
for his trouble.

Now, Commander Rabb here
saved his life.

Commander, I'm beginning to think
you should be a witness

instead of defence counsel.

Sir, my testimony
would not be relevant.

All mention of these incidents
is prejudicial to the defendant.

It's also a breach of Rule 404
of the Rules of Evidence.

The prosecution
cannot mention prior bad acts.

- We can if they go to proof of motive.
- What motive?

Buxton had no motive to kill Russians.
Even you grant it was unintended.

Yes, but motivated by his desire
to fight, his desire for glory,

and his lack of concern
over where he went

or who he shot at to get it.

That is completely unsubstantiated
speculation, colonel.

I can substantiate it
if you'll allow me to show the pattern.

Your objection, Commander Rabb,
is overruled.

Proceed, Colonel MacKenzie.

- We're getting killed.
- Your fault, mate. You saved him.

And what was
Lieutenant Buxton's mission

on the day he attacked
the Russian vehicles, captain?

To patrol the no-fly zone
and to escort a plane

taking photographs
of suspected mass gravesites.

So nothing
about killing Russian observers,

is that correct, sir?

There was a standing order
to protect returning refugees

from rogue elements
of the Yugoslav military.

Wasn't there also a standing order

to query higher authority
before firing at a target

if there was anything ambiguous
about it?

If there was anything ambiguous
about it, yes.

And wasn't the defendant also subject
to a standing rule of engagement

not to use force
except in response to a hostile act

or a clear demonstration
of hostile intent?

- Yes.
- Thank you, captain.

Captain Pike,
were the refugees in the vicinity

of the vehicles
Lieutenant Buxton attacked?

Yes, a mile or two down the road.

- In the direction the vehicles headed?
- Yes.

Were Yugoslavian vehicles supposed
to be anywhere near those refugees?

- No.
- Why not, sir?

Because the week before,
they shot ten people there.

So, captain, as a combat officer,
in your opinion,

was it reasonable
to infer hostile intent

to Yugoslavian vehicles
headed in that direction on that road?

- Yes.
- Thank you, sir. No further questions.

"Reasonable to infer."

Now, doesn't "infer" imply
that there was some sort of ambiguity

in the situation?

It implies the pilot
had to make a judgement.

The type of judgement
that was supposed to be made

by a senior authority,

not an amped-up pilot
looking for a shot at glory.

- Objection.
- Sustained.

Colonel,
I would say you had to be there.

Well, since that's not possible,

we're just gonna have to
do the best we can right here.

No further questions.

Let me have a crack at it, mate.

Captain Pike, as air wing commander,
you are responsible

for the competent operation
of every plane in the group, correct?

Yes.

For example, if you noticed that a pilot
was drunk as he entered the cockpit,

it would be your duty to prevent that,
wouldn't it?

Yes, commander.

Captain,
are you aware of an incident

in which Lieutenant Buxton returned
to the carrier dangerously low on fuel?

There was an occasion
when he had a lower reserve

than regulations require.

What's he doing?

And did you discipline the lieutenant
for that infraction, sir?

- I counselled him.
- Counselled him?

Then are you aware
of a subsequent incident

in which the lieutenant
conducted unauthorised pursuit

of a Yugoslav MiG
and was nearly shot down?

Sir, may I confer with cocounsel?

- Now?
- It'll take but a minute, sir.

Very well.

What the hell are you doing
up there?

- Trying to get our client off the hook.
- Doesn't sound that way.

I'm stuck with lemons, Harm.
I'm making lemonade.

- Short recess, sir?
- Ten minutes.

When were you gonna let me in
on this strategy, Brumby?

Just came to me, a desperation move
after you struck out on your cross.

- I struck out?
- Correction:

- Colonel MacKenzie struck you out.
- Were you and I in the same room?

Look, Harm, she hammered us,

getting those previous reckless acts
into the record.

- They weren't reckless, commander.
- No, they were insane.

- We'll deal with them.
- I am dealing with them.

Making them work to our advantage
by shifting blame

for the deaths of the Russians
to Captain Pike.

What's the CAG got to do with this?

Four years ago
an Air Group commander

was successfully court-martialled
for dereliction of duty

after the fatal crash of a pilot
under his command

with a history of reckless flying.

So?

So the commander
should've grounded the pilot.

After your stunts,
the CAG should have grounded you.

Strictly speaking, it's not a defence,
but it could influence the members.

So you're trying to get me off

by telling these people
that I shouldn't be allowed to fly?

- Yeah.
- Sir, you're fired.

Fine. You tell him, Harm.

It's not fair to the CAG,
and it could backfire, Brumby.

I'm not talking about fair.

This is all we've got
to get our client acquitted of a crime

that could land him in jail
for ten bloody years, mate.

That's my job, Harm.
It's your job too, remember?

It could work.

I don't care
if it gets me a ticker-tape parade.

I am not gonna slam the CAG,

and I'm not gonna tell these people
I'm not competent to fly.

So would you rather go to jail
for ten years?

I'd rather go to jail
for 10,000 years, sir.

I guess we're trying something else,
Brumby.

Hey, the mystery recess over?

Are you gonna go back in there
and try to lynch the CAG?

Actually, there will be
no further questions, colonel.

Isn't this a terrible comedown for you,
though?

I mean, out of the air
and back into the courtroom?

Terrible?
No, except for working with Brumby.

Well, I guess for you it's just one case
and then, you know, you're done.

- What's with him?
- He's a legal weenie.

I can assure you,

no one is trying to diminish the deaths
of the Russian officers.

I should hope not.

- I just have a few questions, sir.
- Shoot.

Can you tell us what this is, admiral?

That is the flag of my country,
Russia.

This the same flag that was flown

by the armed column
Lieutenant Buxton attacked?

Of course.

- Can you tell us what this is, sir?
- That is the flag of Yugoslavia.

- Very similar, wouldn't you say, sir?
- I suppose.

I would like these marked
Defence Exhibits 7 and 8, sir.

Can you tell us what this is, sir?

An armoured command vehicle,

the same type
that the lieutenant destroyed.

- A BTR-60, is that correct, sir?
- I believe.

Are these same vehicles used
by the Yugoslavian army?

So what?

This one was just driving
down the road.

- Is that a yes, admiral?
- Yes.

But this belonged
to the peacekeeping force.

- It had the initials on the side.
- Thank you, sir. No further questions.

The headquarters knew this.

- The radio channel was open.
- Thank you, sir.

The idiot is supposed to ask
before he shoots.

Thank you, admiral.

I had heard reports of what the Serbs
were doing to the refugees.

- And what was that?
- Objection. Hearsay and irrelevant.

It goes to the defendant's
state of mind, sir.

Overruled.

- What had you heard, lieutenant?
- That they killed them.

They raped them.
They shot children.

What were your orders
regarding all of that?

"Don't let it happen again."

So was this going through your mind

when you saw the Russian column
moving toward the refugees?

I didn't know they were Russian.

Intel didn't say anything
about Russians being in that area.

- They looked like Serbs, commander.
- Looked like?

- Why didn't you radio for information?
- I didn't have enough time.

The road was winding into the woods,
and I knew they'd get to the refugees.

I had to take the shot then
or not at all.

You didn't see the peace-force insignia
on the vehicles?

No, sir, I was flying at 400 knots.

Well, then how did you identify them
as Serbian, lieutenant?

My kneeboard card has silhouettes
of Yugoslavian armour.

- And I'd seen them before.
- When?

During the bombing campaign
before the cease-fire,

when they wouldn't allow us
to fly low enough to stop them.

Stop them from what, lieutenant?

We were out there that day
taking pictures of mass gravesites, sir.

I didn't want there
to be any more gravesites

because I didn't do
what I had a chance to do.

Thank you, lieutenant.

After the cease-fire, you were briefed
on the rules of engagement?

- Yes, ma'am.
- You mocked them.

I made a joke, colonel.

But you asked
if you needed to call the president

when you wanted
to scratch yourself.

Pilots make jokes
in the ready room, ma'am.

You know,
we're in kind of a tense business.

- Oh, so you did respect the rules?
- Yes, ma'am.

You ignored them when you chased
that MiG into Yugoslavia.

- Objection. Is that a question?
- I'll rephrase.

Why did you chase that MiG

in violation
of the rules of engagement?

It adopted an offensive posture
toward me, ma'am.

An offensive posture
nobody else saw.

Nobody was there but me, colonel.

And nobody else seemed to think

the Russian peace observers
were rogue Serbs.

Now, why are you the only one
who sees these things?

- Objection. Argumentative.
- Overruled.

I didn't make it up, ma'am.

You were itching for a fight,
weren't you, lieutenant?

What's wrong with that?
I'm a combat pilot.

Oh, so you are eager for combat?

Well, I didn't join the Navy

to learn computer programming,
colonel.

I joined to fight for my country.

And if there was nobody to fight,
you would find somebody to fight.

I was just doing my job, ma'am.

The rules of engagement
got in the way of your job, didn't they?

I thought they were pusillanimous.

- Sir--
- They were wimpy? Geeky?

What, not appropriate
for a warrior like you?

Sir, this entire line of questioning
is argumentative.

- It's cross-examination.
- Overruled.

How wimpy were they, lieutenant?

Back during the bombing,

we weren't allowed to fly lower
than 15,000 feet

so we wouldn't get hurt,

while people on the ground
were being slaughtered.

Now, I didn't join
a combat organisation

to avoid getting hurt, colonel.

Now, I think
it's an ass-backward war

where a stated purpose
is to have no military casualties.

You think? Do you care what the
National Command Authorities think?

I do what they say, ma'am.
I just don't have to like it.

So you get around it
by seeing what you wanna see,

and now we have
three dead peace-force observers.

- Objection.
- Sit down, commander.

I didn't mean to kill them.

You didn't care enough
to find out who it was you were killing.

- Sir, l--
- Sit down, commander.

Take a look at those flags, ma'am.
They look alike.

You couldn't see the flag.
You were going 400 knots.

And when you got back to the ship,

didn't you celebrate
with your pilot pals?

Military men celebrate
when they kill the enemy, ma'am.

- Somebody who looks like the enemy.
- They were close enough, colonel.

No, they weren't, lieutenant.

No, they weren't.

Maybe if we get him
to plead guilty now,

they won't keelhaul him.

What are you looking for, mate?

A magic spell
to make our client not an idiot?

He said he thought
they were the enemy, Brumby.

He didn't know
who the hell they were.

Colonel MacKenzie
made that pretty clear.

But she can't prove
what he was thinking.

They can still choose to believe him.

Whatever he was thinking,
he crossed the line.

He wasn't supposed to go off
halfcocked.

Actually, I think we should argue
that he was required to.

Excuse me?

I'm gonna put Buxton
back on the stand for redirect.

- You're kidding, right?
- No, desperate.

How did you become a Naval officer,
lieutenant?

I went through ROTC
at Texas A&M, sir.

As part of your training there,
did you take a course in military law?

Yes, sir.

Did that course cover the aspects
of the Uniform Code of Military Justice

that apply to you as an officer
in the United States Navy?

Yes, sir.

Do you remember being instructed
about article 99?

I do, sir.

Let me read you a section
of that article, lieutenant.

Objection. Lieutenant Buxton
is not charged with violating article 99.

He had reason
to believe he would be, sir,

if he failed to attack that column.

This is not possibly relevant,
Your Honour.

Worse, it's a flagrant attempt

to introduce a separate,
confusing issue.

If it confused Lieutenant Buxton,
it makes it relevant.

- Read what you were going to read.
- Your Honour--

I'm not saying
he can do what he wants to do,

I just wanna find out what that is.

Uniform Code of Military Justice,
article 99:

"Any person who before
or in the presence of the enemy

runs away
or willfully fails to do his utmost

to encounter, engage, capture
or destroy combatants,

vessels, aircraft, or any other thing

which it is his duty to encounter,
engage, capture or destroy

shall be punished by death

or such other punishment
as a court-martial may direct."

Your point being, commander?

Lieutenant Buxton reasonably feared,
sir, being court-martialled

if he failed to attack that column.

Article 99 only requires combatants

to attack those things
they have a duty to attack.

If we're gonna argue this,

I suggest that we do it outside
of the hearing of the members.

Members have a right
to hear relevant argument.

This is not relevant, Your Honour.

If a fighting man
fears he will be punished

for not doing what he sees
as his duty--

- Your Honour.
- Approach.

That was an attempt to appeal
to the emotions of the members.

It's a legitimate defence, colonel.

Only if Buxton had a duty
to attack that column,

which, as a matter of fact,
he did not.

I think a "reasonable man" standard
is appropriate.

Would a reasonable man in Buxton's
position believe he could be--?

Executed?
For not shooting at the wrong people?

Is that really what you think
Lieutenant Buxton was thinking about?

I don't know, I was gonna ask him,
when you objected.

Cute, commander.
But the objection is sustained.

You will confine your questioning

to offences the defendant is accused
of committing.

- Thank you, Your Honour.
- Step back.

The defence rests, sir.

Fine. Summations tomorrow.
We're adjourned.

Is there anything else
I can help you with, ma'am?

No, my closing
will be pretty straightforward.

I don't think Harm hurt us enough
to do anything differently.

We're gonna win this one, Bud.

Okay. Great.

- Try to contain your enthusiasm.
- I'm sorry, ma'am.

Bud, what's wrong?

I don't know, ma'am. It's just that...

It's being around all these people
with combat roles.

Lieutenant Roberts,
you are a fine lawyer

and a fine Naval officer.

Thanks, ma'am,
but being a lawyer around here,

it just doesn't seem so manly.

Bud, you are a great father
and a great husband.

I mean, just ask Harriet
how manly you are.

I suppose.

It's just that she's been so busy
with the baby.

- You know?
- Harriet's been tired?

Getting up in the middle of the night
to nurse the baby and--

- Not that she shouldn't.
- So you and she...?

- We're very tired, ma'am.
- You and she aren't--?

It's normal.

And they say it only lasts

for a few years.

Good night, ma'am.

Good night.

This is
Lieutenant Colonel MacKenzie

requesting a phone patch
to the States.

This is a simple case.

Lieutenant Buxton was ordered
not to use force

except in response to a hostile act.

Well, instead, he used force
in the absence of any hostile act.

Lieutenant Buxton was ordered to seek
guidance from higher authorities

if he had any doubt
about the potential target of his force.

Instead, he acted alone,
on his own very mistaken perception.

A mistaken perception
willed into being

by his reckless
and careless desire to find a fight,

even when there was no fight to find.

As a result of his recklessness
and disobedience,

three officers are dead,

their lives taken by an action
that is unlawful in Russia,

unlawful in Yugoslavia,
unlawful in autonomous Kosovo,

and most importantly,
unlawful in the United States Navy.

Lieutenant Buxton
disobeyed his lawful orders,

and as a result,
he caused three wrongful deaths.

It is your duty to find him guilty.

What is the Navy for?

Why do we put on these uniforms,

train for years to fly our aircraft,
to steer these ships?

The basic answer
is to keep our country safe,

to display so much strength
that no aggressor would dare attack us

for fear of suffering
dire consequences.

But what happens
when an aggressor does attack?

Maybe not us,
but people under our protection.

Do we still just display strength?

Fly, sail, march, but do nothing?
Or not enough?

Lieutenant Buxton didn't think so.

And after weeks of flying
at 15,000 feet

while the people
we were supposed to be protecting

were being slaughtered
on the ground,

he was given an order one day
to fly low.

And flying low,

he saw what he thought
was a hostile force

engaged in a hostile act.

So he did what Naval officers
are supposed to do.

He used his intelligence,
he used his initiative,

he made a decision, and he acted.

Now, if we judge that action
just by its unfortunate consequences,

what message are we sending
to future Naval aviators

who see something evil
in a war zone?

Play it safe? Call home?
Come back tomorrow?

John Paul Jones said,
"He who will not risk cannot win."

And he was right.

If we don't take the right lessons
from what happened here,

we'll have more wars
to look forward to,

more aggression from despots
and tyrants, not less.

Don't punish initiative.

Don't second-guess
battlefield decisions.

Acquit Lieutenant Andrew Buxton
of all charges.

Thank you.

Captain Wiggins,
have the members reached a finding?

We have.

The defence will rise.

Captain Wiggins,
will you please announce the finding?

Lieutenant Andrew Buxton,

this court-martial finds you not guilty
of all charges and specifications.

I thank the members for your time
and attention.

Lieutenant Buxton,
you are returned to duty.

Aye, aye, sir.

Thank you.

- You're the man.
- You're the man.

You get it, Pappy.
I didn't think you did, but you get it.

- Come here, man.
- Yeah!

The X-Man is back,
and he's better than ever.

- Get what?
- It's a pilot thing, Mac.

I couldn't possibly explain it.

Attention on deck.

I'm looking forward
to getting back into action, sir.

I'm sure you are, lieutenant,
but that's not gonna happen.

Effective immediately,
you are going TAD to Capodichino.

Shore duty, sir?

Officer in charge
of the corrosion-control detachment

pending a Field Naval Aviator
Evaluation Board,

which I feel certain
will terminate your flight status.

This is political, isn't it, sir?

Coming from Washington
because they couldn't convict me.

No, lieutenant, it's coming from me.

I always hoped your brain
would catch up with your talent,

but I can't fool myself any longer.

Sir, they're sending me to a FNAEB.
They wanna ground me.

Well, what did you expect, Buxton,
a promotion?

Look, you have to help me, sir.

Actually, lieutenant,
I'll be testifying against you.

Against me?

Look, I just heard you in court
talking about my intelligence,

my initiative,
how they had to acquit me.

I was your lawyer.

- It's my job to get you off.
- But you get it, sir.

I mean, come on,
you and me, we're the same.

No, we're not the same.

I'm not reckless. I don't fly stupid.

That's what this is all about, huh?

Yeah, you know that I'm better
than you, and you can't stand that.

You know, I wouldn't care if you were
the greatest pilot in the world.

You inspire those guys
to pull the same stunts that you pull,

then you're a menace,
not to the enemy, but to them.

To us.

But-- But they can't do this.

- Sir, the X-Man has to fly.
- Not anymore, Andy.

Not anymore.

Wardroom.
Colonel MacKenzie. Okay.

Telephone for you,
Lieutenant Roberts.

- Hello, Lieutenant Roberts.
- Hi, Bud.

- Harriet.
- I've been thinking about you, Bud.

Oh, me too, sweetie.
How's little A.J.?

He's wonderful.

I'm just sitting here all alone,

thinking about you.

I'm wearing that little pink nightgown
that you like so much.

You are?

You know, when you get back,

my mom could take A.J.
For the whole weekend.

Oh, right, you wanna go to Chicago
and see the new aquarium.

No, actually, I was thinking
about that little motel room

right outside of Richmond.

Remember?

You mean the one where we...?

- Really?
- Bud.

Listen, I understand you've been down
a lot recently and everything,

and, well, now that the trial's over,

I think I could probably get you a hop
in an F-14.

- A what?
- You know, a Tomcat, a:

A what?

I could probably even get you
to shoot the guns.

Excuse me, commander,
but with all due respect,

could you please leave, sir?

With me, right? Okay.

He looks kind of macho,
don't you think?

Okay.