All language subtitles for JAG.S07E07.Ambush.1080p.AMZN.WEB-DL.DDP2.0.H.264-Panda_track3_[eng]

Captain, you're departing
from the mission plan, sir!

-I know what we're doing, Gunny!
-I saw the intel report,
Captain!

If your plan is to intercept
Colonel Makani here...

Objection noted,
Gunnery Sergeant!

Put us 50 meters from
the bus. Nose to the west.

[whirring]

Keep it turning, Captain!

[automatic weapons fire]

Ambush!

[yelling]

Gunny!

[screaming]

Cover me!

[yelling]

Winchester One,
this is Elvis Four!

Request immediate
suppressive fire!

LZ Alpha Two!

Request emergency medevac!

I've got casualties!

[opening theme music playing]

[reporter on TV]
The White
House still has no comment

on Friday's events
in Sierra Leone

when six U.S. marines

were killed in an ambush.

The attack was orchestrated
by the rebel warlord

Colonel Mohammed Makani
who's been waging a brutal
civil war.

The bodies of the dead men
have been recovered

except for the helicopter
pilot.

[sighs]
The, um...

Marine Captain William Shepard
led the failed attack.

He's been charged with
exceeding his orders.

How, sir?

Uh, have a seat.

The Captain split off

and went in pursuit
of Colonel Makani.

He thought he could ambush him.

But the rebels
turned the tables.

Do we know the reason
the Captain deviated

from the mission plan, sir?

No, and his division commander
wants us to find out why.

Colonel...

I want you to
handle this matter.

Commander, I'm giving
you the Captain Frutt case.

Domestic disturbance, Quantico.

Admiral?

Commander, um...

[scoffs] Well, there's no
easy way to say this.

You've had a
recent run of bad luck

and maybe it's time to take...

well, take a little break.

Sir, if you're referring
to my last few cases...

Uh, t-they were hardly winnable.

I-- I don't think I
need a break, sir.

Look, if we're
expecting any trouble
from Washington over this

I am not without
influence on the hill, sir.

That marine...

-was an aviator, Admiral.
-That marine was a marine.

No offense, Colonel, I
thought you might enjoy
a little time at Quantico.

As an aviator, I thought you
might enjoy some fresh air.

You know, Colonel, I hate to
say this, but, he may be right.

We may need his
friends in Washington.

That would leave
you with the Frutt case.

What is it, sir?

Uh, "Peeping Tom."

[Rabb]
Colonel Klesko,
as commanding officer

of the Marine Expeditionary
Unit

you were Captain Shepard's
commanding officer.

What is your opinion
of the Captain, sir?

Captain Shepard's
an MCP Officer.

Came up through
the ranks. Seasoned.

Maybe a bit cocky, but, uh

he's seen his share of action.
He's a good Company Commander.

Did Captain Shepard
exceed orders, Colonel?

The Marine Expeditionary
Unit is there to support

-UN peacekeepers
and protect convoys.
-Is that a yes, sir?

The Captain made a bad
choice. His helo took ground
fire.

That's no excuse for
leading men into an ambush.

But does what he did rise
to the level of court-martial?

I'm not the convening authority

but in my opinion,
the answer's no.

Six men
died,
Colonel.

It's called "the fog
of war," Commander.

Two Distinguished
Flying Crosses... you of all
people should understand.

You get shot at your instincts
are to shoot back.

I can't excuse
what the captain did

but I
can
understand it.

[Lanier] I tried to warn
Captain Shepard, sir.

What did you say to him?

I reminded him
of our mission, sir.

Our op orders were to stay
with
the UN relief convoy.

We were to engage
Colonel Makani and his rebels

-only if we thought
they posed a real threat.
-That wasn't the case?

We did take fire from Colonel
Makani and the rebels, sir.

Do you think that Captain
Shepard exceeded his orders

when he went after
Colonel Makani?

That's not for me to say, sir.

Has Captain Shepard
exceeded orders before?

Twice this month, sir,
the same thing happened.

We were following a
convoy, we broke off to pursue

Colonel Makani and the rebels.

So
this
was a pattern.

Sir, every day we fly in there

and the rebels
pop off their AK's.

Now, sooner or later,
somebody was going to get killed

because we have to wait
until we're in some rebel's

cross-hairs before
we could respond.

Colonel Makani
was
the problem, sir.
Everybody knew that.

[MacKenzie] You're telling
me this is the Peeping Tom...
Captain Frutt?

[Major Millan]
Yes, Ma'am, Captain Frutt.

As in Forward Remote Unmanned
Tracking and Transmission.

Now, we didn't realize
that the unit was UA

until we had gotten a call

that someone had
taken it for a joy ride.

A woman caught the unit
surveilling her 17 year-old

daughter Saturday night.

Surveilling?

Observe.

[small motor revving]

Now, the signal can
transmit to any receiver

if you know what you're doing.
Uh-huh.

Ah, look at that. I
think he likes you.

Yeah, I-I can see that.
Can the good Captain

-stand down now?
-Uh, sure.

Sorry, Colonel.

Thanks.

[clears throat]

So, how was the, uh...

Captain apprehended?

Well, the mother
of the 17-year-old

got in a lucky
shot with a broom.

Hmm, let's hope our enemies

don't have the same technology.

Look out! [motor accelerates]

Sorry, ma'am, sir.

Well, we're still trying to
work out the bugs in that one.

[Roberts]
Oh, sir,
Captain Shepard's here.

-He's up in the conference
room waiting for you.
-Okay.

FYI on his OQR: The Captain
served in the Gulf as a
corporal in a recon unit.

Later he did peacekeeping
in Somalia and the Balkans.

Last month, he was
sent to Sierra Leone.

Now, I spoke to some
of his former C.O.'s

and they said that
he's a fine officer,

but that he is prone

to showing excessive initiative.

How can initiative be excessive?

During the Gulf War,
then-Corporal Shepard

decided to attack a column
of Republican Guards

and get this...
He walks up to their tanks

and in one hand
he has a bullhorn

in the other he has an M-16.

Then he orders the
Iraqis to surrender.

They jump out of
their turrets and run

he calls in a strike,
destroying all their tanks.

Sounds like a cowboy to me, sir.

-Afternoon, sirs.
-Tiner.

I found something this
weekend, Commander

-that may be of use to you, sir.
-Really?

I know the last few cases
haven't quite gone your way

and, well, sir,
we all have times of trouble

when we need a helping hand.

That's a song, isn't it?

Here, sir, I want
you to have this.

It's pre-velcroed
for your dash, sir.

What is it?

Saint Ivo of Kermartin, sir.

-[both] Patron Saint of lawyers.
-What?

Sometimes, Commander, even
the best lawyer has to make
that...

higher appeal, sir.

Thanks, Tiner.

You're welcome, sir.

Oh, you have a
visitor, Commander.

That'll be all.

Aye, sir.

Hang on to this.

Tell Captain Shepard
I'll be with him

in a few minutes, all right?

Aye, sir.

Make yourself at home.

Well, I used to be on the
Appropriations Committee.

It's a tough habit to break.

I actually came to steal you

for a little event
tomorrow night.

Ah, I am not registering
voters at the DMV

if that's what you're asking.

No, it's a party at the Willard.

A defense contractor is
unveiling a new missile.

You're kidding.

Please don't make me beg.

Oh, I'll be there.

Good. It's a date.
Oh, say, listen

I've got a friend
who needs an escort.

-Can you help me out?
-Yeah, I think I know
just the guy.

So far, the Pentagon's request
for the body of Captain Sauter

have gone unheeded.
This morning, Janet Sauter

the mother of the
slain helicopter pilot

made a plea to Colonel Makani.

All I'm asking is that my
son's body be returned to me

so that I can give
him a proper burial.

This whole thing's
going to blow up.

Well, that's what happens
when they desecrate the body

of a U.S. serviceman on live TV.

Are you handling
the investigation?

Come on, Bobbi, you know I am.

It's your committee
that's overseeing

the entire
peacekeeping operation.

-Don't try to oversee me.
-Whoa, listen,

I wouldn't even try
to tell you how to
arrange your socks,

but let me tell you this...
Some of us who believe

-that we need to be in
Sierra Leone are worried.
-About what?

About Captain Shepard...
What he did.

Colonel Klesko's
already been recalled
for Q-and-A on the Hill.

The Congress may pull the plug
on the whole operation.

Maybe we shouldn't
have been there

in the first place, Bobbi.

I'm sure a lot of
people are wondering

why we're peacekeeping in Africa

when our own cities
are under attack.

If we pull back from
our responsibilities

in the world, Harm,
then the terrorists win.

Don't tell me you're
going to excuse

what Captain Shepard did?

Hey, if Captain
Shepard is guilty

I'll be the first in
line to prosecute.

See you tomorrow night.

I'll be there.

We were flying over the relief
convoy that night.

That's before
everything went to hell.

We saw the rebels.
They were in technicals,
pickups with fifty-cals

and they were
hitting the convoy.

Was Colonel Makani
with the rebels?

Yes, sir.

So you responded?

We fired over their heads.
They began to run.

That's when one of
them took a potshot

so I decided to go after them.

Did they continue firing?

They continued to run, sir.

Sounds to me, Captain,
like you were looking
to start something.

That would be your opinion, sir.

The rules of engagement
were quite clear.

You could employ deadly force

only in the event of a
hostile act or hostile intent.

We took fire.
A bullet came right
through the helo.

I considered that hostile.

Now, one potshot
does not justify

a full-out
counterattack, Captain.

Six men are dead
as a direct result of
a decision you made.

Six of
my
men, sir.

Are you aware the kind of
trouble you're in, Captain?

I did what I was asked to do.

My men put up a
hell of a fight... sir.

Your orders

were clear, Captain.

You were to safeguard
the relief convoy...
No more.

My orders...

Those weren't
my only orders, sir.

[Rabb]
Are you telling
me that Colonel Klesko

ordered you to go
after Colonel Makani?

I'm saying he suggested it, sir.

How do you "suggest"
an order, Captain?

Last month there was
a briefing on our LHA...
The
Buckner Bay.

That's our assault ship off
the coast of Sierra Leone.

Onboard, Colonel Klesko
briefed us on our orders.

Later, he called me aside.

What did he say?

Colonel Klesko said, "If
you can get a clean shot

"at Makani within
spitting distance

of the rules of
engagement, go for it."

The two prior missions...

The failed attempts
to capture Makani...?

I was following orders, sir.

You went in without
armored support, Captain.

You knew the risks.

Yes.

And I've had to
live with the results.

[woman]
I was
making cinnamon swirls

when I saw it.

That thing, hovering,
like some kind of a...

possessed insect, right
outside my little girl's window.

Mom, what's the big deal?

The big deal is your virtue.

Well, my virtue could care
less if some creep wants

a picture for his wall.

Vanessa, has anyone made
any unwanted overtures recently?

Guys make
overtures all the time.

Especially at
construction sites.

I'll bet it's one of
those pimply perverts
from the video store.

Oh, if only your daddy
wasn't in the Indian Ocean...

Mom.

Uh, any particular pimply
pervert, Mrs. Dupree?

What was the name of that boy

that came over... that
did the magic tricks

where he was smelling
the magazines?

Vincent's nice, Mom.

Besides, he's visiting
his aunt in Sioux City.

Colonel, how far
can that remote go?

Ah, Sioux City is
a bit of a stretch.

Well, I want this sicko
brought up on charges.

I want you to find him,
and when you do,

I want you to throw
the book at him.

I will certainly
see what I can do.

[whispers] Thank you.

[Sims]
Sir, I was
at the bookstore

yesterday, and if
ever there was a book

with your name all over it

it was this one.

It's signed.

Commander of the Fleet.

Oh, I got this
one, too, on sale.

"Nine Secrets of Highly
Effective Lawyers."

Yes, sir, I think you'll find
the part about eye contact

and voice projection
really helpful.

Is there something wrong
with my vocal projection?

No, sir, you have great timbre.

Oh, it's the
eyes,
then.

No. No, sir.

You have, um... very
clear, sharp eyes.

So, it's the seven
other secrets?

No, sir, I just... I overheard
some of the staff talking

that, you know, you've had
a little bad luck in
the courtroom lately.

So, I thought...

On second thought, sir,
you don't even need this.

I'll just take it back.

No, no, no. I'll
find a use for it.

It was very thoughtful of you.

-Thank you.
-You're welcome, sir.

[Roberts] Sir?

Oh, hey.

I have this book.

Harriet gave it
to me after I lost

my first... case.

Uh, I pulled Colonel
Klesko's record, sir.

It's impeccable.
He won the Navy Marine
Corps Medal in Lebanon.

His recon company
spearheaded the rescue mission

for the wounded Marines
in the barracks bombings.

And he personally helped set up
a medical triage at
the airport in Beirut

and spent 72 hours without
sleep helping the Medevacs.

So, we've got a highly
decorated war hero's word

versus a cowboy who
points M16s at tanks.

Yeah. Captain's case
looks kind of weak, sir.
But I did find one thing out.

Colonel Klesko was summoned
to the National
Security Subcommittee

-in a closed-door
hearing last month.
-What about?

Well, it's a
closed-door hearing,

but isn't that Congresswoman
Latham's committee, sir?

[Rabb]
I find it hard to
believe you lost any precincts.

Well, this isn't exactly
my "get out the vote" outfit.

I wouldn't sell the
electorate short, Bobbi.

In that outfit,
you'd get my ballot.

[whispers] Hi.

So, I understand
that Colonel Klesko

appeared before your
committee last month.

Can't a girl have any secrets?

The Marines had casualties

and committee
members were worried

we were getting in too deep.

So, how did you
make it go right?

The Colonel promised
that he'd put an end

to all casualties by reducing

our vulnerability
to rebel attacks.

Just how did he
propose doing that?

We didn't ask,
and he didn't say.

Captain Shepard tells
me that Colonel Klesko

ordered him to go after Makani.

And I was just thinking

that would be one
way to stop the attacks.

Harm, I know the Colonel.

He'd never issue
an order like that.

The Colonel's more credible.

That's what I put in
my report, anyway.

Good. Then you're doing
the right thing.

Senator Pick.

Anne. Lovely to see
you this evening, ma'am.

Thank you. Hello.

-Commander.
-Good evening.

Do you know
Congresswoman Latham?

Commander Turner.

No. Ms. Latham.

It's Bobbi.

Pleasure.

Well, I hope we're not, uh

interrupting you and
the Senator, I mean.

Commander Turner
and I were just discussing

the events in Sierra Leone.

Marine Captain loses a few men

and already, we're
thinking pull-out.

Sorry, but what is the point
of a military if we don't use
it?

Well, Senator, I don't think a
marine captain marching into

an ambush, is a good example
of, uh, "using our military."

Don't you agree, Commander Rabb?

[chuckling]
Well, I agree we'll never

settle this this evening.

-[all chuckling]
-No doubt.

If you will all excuse me,

I see someone that
I need to speak to.

-Commander Turner, do you mind?
-Not at all.

-Bobbi, Commander.
-Ma'am.

May I say, you look stunning

in that dress, Congresswoman.

Incoming. Thank you.

Ah, thank you.

Thank you.

You know what I'm thinking?
Maybe bourbon's a
little more my speed.

Uh, anyone for the bar?

-No, we're fine.
-We're fine.

There you go, sir.

Bourbon, please.

Right away.

Commander Rabb.

Major Seawell.

It's "Mister," now.

I'm working for the Greff Corp.

Consulting.

Ah... crossed over
to the dark side, huh?

We all do, eventually.

I read about this Africa thing.

Heard you're doing
the investigation.

I bet everybody's
laying the blame

right at that marine
captain's doorstep.

Well, you know, Frank,

blame usually finds its owner.

I wouldn't be so sure.

You didn't serve
with Colonel Klesko,

did you?

Yeah.

He was my company commander.

The peacekeeping
operation in Lebanon.

'83?

The year of the
barracks bombing.

It sure was.

During your time under
him, did he ever, uh...

suggest that you operate outside

the rules of engagement?

Things happened
in the Bekaa Valley.

After the barracks bombing,
people wanted some payback.

Colonel Klesko
one of those people?

Well...

he was a man who
could get things done.

I'm sure it served him very well

on his climb up the ladder.

Whatever happened in Lebanon

would you be willing
to make a statement?

[laughing]

No.

I'm not opening
that can of worms.

I've got two ex-wives

and a kid that
hates me to support.

You know... an officer's career
is at issue here.

-I could subpoena you.
-Then this chat never happened.

[cell phone rings]

I've got to go.

Call me when you
lose the uniform.

Commander.

-Rabb.
-[Chegwidden]
Got
some information for you.

-Yes, sir.
-[Chegwidden]
Division
Commander got your report.

As the convening authority,
he's decided to initiate

court-martial proceedings
against Captain Shepard.

But, sir, I recommended
a letter of reprimand

and non-judicial punishment.

[Chegwidden]
Commander, six men died.

People saw it on television.

Accountability has to be
addressed in a public forum.

The convening authority doesn't
have a choice in the matter.

Well, what are the charges, sir?

Willful dereliction and
negligent homicide.

Six counts of
negligent homicide?

Admiral, he could be looking
at 18 years in Leavenworth.

[Chegwidden]
It's at the discretion

of the convening
authority, Commander.

I'll see you in the morning.

[laughing]

You look like your cat died.

They're going to
court-martial Captain Shepard.

-Well, don't tell me
you're surprised.
-I'm surprised.

Well, you wrote
the report on him.

Yeah.

I'm thinking maybe
I made a mistake.

Now you're going
to defend the man?

With the captain's consent
that's exactly what
I'm going to do.

[Chegwidden]
So now you
want to defend Captain Shepard?

He's being scapegoated, Admiral.

Six marines who
died in Sierra Leone

may have been killed
in Captain Shepard's raid
but not on his orders.

And you're basing this theory
on a drunk in a hotel men's
room?

-At the bar, sir.
-What's your strategy?

You can't prove a
verbal order was given.

No, sir, but if Captain Shepard
received an order

from Colonel
Klesko off the record

I'm betting others have
received a similar order.

Pretty thin.

[reporter]
The body of Marine
Captain Marcus Sauter was laid
to rest.

His mother's weeklong campaign

for the return of
her son's remains

came to a close yesterday
when the rebel's acquiesced.

Her son's finally come home.

[reporter]
This is the
sixth funeral at Arlington

in the past two weeks...

[Turner]
Gunnery Sergeant,
it's your testimony
that Captain Shepard

chose to launch an
attack on Colonel Makani?

[Lanier]
Yes, sir.

Were the rebels
engaging at the time?

No, sir. By the time we chased
them, they had ceased firing.

According to your op order

what were the rules
of engagement?

That we were to fire
only when fired upon

or when hostilities
were imminent.

So, in going after the rebels,
well after they ceased to engage

was the Captain
exceeding his orders?

Yes, sir, I believe he was.

Can you tell us why he did so?

The Captain wanted
to get Colonel Makani.

We had chased him twice
before, but he had gotten away.

-Captain Shepard was frustrated.
-And how was this evident?

He pinned up "wanted"
posters in the company office

with the Colonel's face on them.

We had a bounty... It
went up every week.

It was kind of a joke.

We actually got up to 90 bucks.

90 bucks.

Ninety bucks...

It cost six lives.

Thank you, Gunnery Sergeant.

Gunnery Sergeant, these "wanted"
posters that you talked about

-were they on display
in the company office?
-Yes, sir.

-Did Colonel Klesko see them?
-Yes, sir, everyone saw them.

-Did the Colonel object to them?
-Not that I know of, sir.

Now, you mentioned
two previous missions

where Captain Shepard
pursued Colonel Makani.

Did Colonel Klesko
know about them?

Yes, sir. I was there
when Captain Shepard
reported to the Colonel.

Did he also report that on
these two earlier missions

he continued to
pursue the rebels

even after the ceased to engage?

Yes, sir, he
reported everything.

Did Colonel Klesko reprimand
Captain Shepard for this?

No, sir.

Thank you, Gunnery
Sergeant. That will be all.

[Turner] Colonel Klesko,
what were your orders?

Our orders for the mission
were to protect the relief
convoys

with Cobra gun ships in the
air, and Marines on the ground.

Did you give Captain Shepard
any commands,

verbal or otherwise
that countermanded those orders?

I did not.

Were you aware

of any previous attempts
to capture Colonel Makani?

I knew of no missions with
that expressed intent, no.

When Captain Shepard led
the attack on Colonel Makani

did you feel he
exceeded his orders?

Yes, I do.

Thank you, Colonel.

[Judge] Commander Rabb.

Your Honor, I have no
questions at this time

but I would like the right

-to recall this witness
at a later date, ma'am.
-Granted.

We'll recess and reconvene
here at 0900 tomorrow.

[MacKenzie] I talked with Staff
Sergeant Stipple at the main
gate

he checked the log. You were
the last to leave Friday

after stowing all the equipment.

Well, that's right,
ma'am, but, uh...

I don't know how the toy
got away from the toy makers.

And, you know what,
to be quite honest

these tech guys tend
to be a little bit flaky.

Major, I have a very good nose

for when people are lying to me.

Colonel, I am not a Peeping Tom.

My nose is twitching, Major.

Colonel, the last time I so much
as looked at a 17-year-old,
I was 17.

Okay, 20.

But believe me, I would
not surveil a 17-year-old girl.

-What kind of car do you drive?
-Ma'am?

Uh, Ford Explorer.

This afternoon I was talking
to one of the flaky tech guys.

He was testing an infrared
camera on Friday evening.

He saw a Marine carrying a
box to a white Ford Explorer.

It's my daughter.

She's been sneaking
out late at night

and her grades
have been slipping.

I was just borrowing the unit.

I just wanted to catch her.

So, you set up a
surveillance cam?

I was going to.

I put the unit in the car,
someone broke in and stole it.

I did not spy on any teenage
girl, ma'am.

-Who has access to your car?
-Well, uh...

I have a wife, four
kids, and a dog.

They all have access.

Anyone in that group
that you could
single out for me?

[door opening]

Boy made a fortune in high-tech.

Son...

we need to talk.

[Roberts]
Commander,
as the
Buckner Bay's

Air Boss, you
oversee air operations?

That's correct.

Sir, did you oversee the loading

of air-to-ground rocket pods

on the Supercobra gunships?

-Yes, I did.
-Who gave that order, Commander?

-There was no written order.
-Colonel Klesko suggested it.

Well, did he give any kind
of explanation as to why, sir?

He said there was a possibility
the boys might see some action.

Sir, can you explain
why internal fuel bags

were loaded onto the Hueys?

Colonel Klesko wanted to
maximize the helo's range.

Why would you need so much
range on a peacekeeping
mission, sir?

The Colonel said he wanted the
helos to have the flexibility
to fly deeper in country.

Was there a written order
for that, Commander?

No, that's the way he
wanted the aircraft configured.

Hmm. Colonel didn't like to
leave a paper trail, did he,
sir?

Objection.

Withdrawn.

[boy]
It was easy.

Just dialed the frequency
on my dish, and... voila.

[MacKenzie] Voila, felony.

This isn't a video game, Brad.

Why is it so out of focus?

What were you thinking?

I see Vanessa everyday.

She's smart, pretty.

Guess I just wanted
to... hang out.

You mean hover?

So, what happens now?

You're grounded, mister.
Unplug the computer.

For the next two months,
you're going low-tech.

I'll have a talk with
the girl's mother

-but I think you
need to apologize.
-Can't I just e-mail her?

No. You're going to have
to face the music like a man.

Your dad's right. If you want,
I can drive over there with you.

3[Rabb]
Captain Shepard,
why did you lead the attack

on Colonel Makani
the day in question?

Makani had fired on my men, sir.

Is that the only reason
you launched an attack?

I felt that was
reason enough, sir.

Captain, did anybody order
you to go after Colonel Makani?

Yes, sir.

I received a verbal directive.

From whom did you receive
a verbal directive, Captain?

Colonel Klesko, sir.

And what did Colonel
Klesko ask you to do?

-He wanted me to capture Makani.

Now, didn't this contradict
the rules of engagement
for the operation?

Colonel Klesko said
that if I could get a clean shot
at Makani, I should go for it.

And you understood this
verbal directive, Captain,
to be an order?

It was my understanding, sir.

In fact, the
Naval
Officer's Guide

is quite clear on that
point, isn't it, Captain?

Would you please
read for the members

the highlighted
portion, Captain.

"When a senior says,
'I desire' or 'I wish'

"or 'Would you please, '
"remember that the expressed
desires or wishes of a senior

"by custom and tradition

are equivalent to an order."

And, Captain, by this definition

when you attacked Colonel
Makani and the rebels

you believed you
were following orders.

-Is that correct?
-Yes, sir.

Thank you, Captain.
Nothing further, ma'am.

[Turner] I believe
the
Officer's Guide

also calls for one
to seek clarification

when receiving
such verbal orders.

Did you get
clarification, Captain?

I didn't see anything unclear
about the directive, sir.

So then, you heard
what you wanted to hear.

[Rabb] Objection. Argumentative.

Withdrawn.

Captain, did you want to
capture Colonel Makani?

Yes, I did.

-We all did, sir.
-Of course you did.

You even put up your own
"wanted" posters, didn't you.

I was lighting a
fire under my men.

I wanted to execute
my orders, sir.

Ah, yes, the famous
verbal orders.

I find it odd. No other company
commander reported receiving

any verbal orders
from Colonel Klesko.

Certainly not orders
to attack a warlord.

Can you explain that, Captain?

No, sir.

[Judge] Try, Captain.

Why do you think
you alone received
this verbal directive?

I guess none of the
other commanders

had experience
under fire, ma'am.

[sighing]

Ten years, Counselor.

My client's not
doing time, Sturgis.

We'll plead to dereliction...

Dismissal if adjudged,
but no confinement.

We are talking
negligent homicide.

Careful, Harm. Don't overreach.

I'll present it to him, but
you saw the members.

We're reaching just fine.

Colonel, you ordered your
Cobras armed with missiles

and your Hueys
to carry extra fuel.

-Is that correct, sir?
-Yes, that's right.

Why would you arm your helos
for combat, sir, on a
peacekeeping mission?

I was in Lebanon when
the barracks was bombed.

People worried that our
men were trigger-happy.

So sentries had rifles
with empty magazines.

We know what happened.
283 Marines died.

I vowed never to let such a
tragedy occur on my watch.

Based on intel reports
did you expect Captain Shepard
to encounter Colonel Makani

the night of the raid, sir?

There was a strong possibility.

-Did you want Makani
captured, Colonel?
-Yes.

As long as it was done
within the rules of engagement.

"Within spitting distance"
of the rules of engagement...

Those were your words,
weren't they, Colonel?

-Yes.
-And didn't you also

tell Captain Shepard, sir,
that if he could get a clean

shot at Colonel Makani,
he should take it?

I said something to that effect.

So, Colonel, you were, in fact

widening the rules
of engagement.

Rules are open
to interpretation.

Thank you, Colonel.
That will be all, ma'am.

-Redirect, Your Honor?
-Proceed, Councilor.

Colonel, please define for us
what you mean by "a clean shot."

A clean shot means acting
aggressively, but safely

in the best interest
of your people.

It doesn't mean
charging into an ambush

on some quest for vengeance.

Bud, you and the captain
meet me in my office.

Mrs. Sauter.

-You're defending the
man who killed my son.
-Ma'am...

You're just doing your job,
Commander, I know that.

It's your client
I'm questioning.

When they came to my door

in their uniforms, with
their hats in their hand

I asked them one thing:

Why did my son have to die...

for nothing?

He was on a
peacekeeping mission.

-I'm sorry.
-Commander, I don't need
your apologies.

I want an answer.

At least one person was willing
to try and give me an answer.

Had the decency to...

Read that letter.

You want to know
the saddest part?

Congresswoman Bobbi
Latham isn't even in the
military.

There was no
reason for her to feel

that she had to apologize
to me and my family.

She didn't have to
write me that letter.

No, she didn't.

[Rabb]
All right, Bud, go ahead.

[Roberts on phone]
Yes, sir,
I spoke with
the communications officer

from the
Buckner Bay.

Colonel Klesko received a
series of encrypted messages...

SPECATS, from
Congresswoman Latham.

[Rabb]
Did you get copies?

Yes, sir. They were sent
through the Flint Hill COMMSTA.

They're being forwarded now.

Well, I'll make the
call to the judge, Bud.

Looks like we'll be adding
another name to that witness
list. Nice work, Lieutenant.

-Morning, Frank.

What do you want?

You had a pretty
promising career going
in the Marine Corps.

Whatever happened in
Lebanon, you were the one

the Colonel sent
in, weren't you?

-Wow, you're quick.
-What did Colonel Klesko
ask you do to, Frank?

You probably spent the last
20 years with nightmares, Frank.

Don't have somebody
else spend 18 years

in Leavenworth for
the same reason.

I'm not helping you, Commander.

Then help yourself!

Help yourself, Frank.

[MacKenzie]
Our Peeping Tom
turned out to be a hormonal
13-year-old.

I'm recommending a
non-punitive letter of caution
for Major Millan.

He did intend to return
the drone unit to the base.

What about the boy?

I'm afraid he's facing a
more serious punishment.

You haven't met the
mother of the girl he spied on.

You subpoenaed me to testify?

Well, Colonel Klesko did
appear before your committee.

I thought you might have
some additional information

you wanted to share.

We have no secrets, Harm.

You know what I know.

I'll do what I have to, Bobbi.

Well, then, consider
me a hostile witness.

Congresswoman Latham,
when Colonel Klesko appeared
before your committee last month

he promised to cut
casualties in Sierra Leone.

-Did he say, ma'am, how
he planned to do that?
-No.

Did you have any
suggestions for the colonel?

It's out of my hands, Commander.

It's certainly not out of your
sphere of influence, is it?

Do you know what a SPECAT
communiqué is, ma'am?

"Special attention,
for your eyes only?"

-Yes, I'm familiar with SPECATs.
-I know you are.

You sent several to Colonel
Klesko over the past month.

We obtained them through

the Naval Communications
Center in Maryland.

"Four October: Colonel...

"it's clear that Makani
has become a problem.

"If we can take him without
going in as an occupying force

let's do it."

"Six October: Colonel, this
most recent failure

"to capture Colonel
Makani is causing unrest

in the committee."

"Ten October:

"Colonel, polls indicate
capturing Makani

would give our
cause a PR boost."

You were applying pressure
to capture Colonel
Makani, weren't you?

There were many who
wanted to see Makani arrested

the U.N. Secretary
General among them.

Yes, but the U.N.
Secretary General can't help

a Colonel's career
quite like a powerful

Congresswoman can.

[Turner] Objection.

Withdrawn. Nothing
further, ma'am.

Congresswoman, did you
ever order Colonel Klesko

to take any action
against Colonel Makani?

I'm a civilian, Commander.

Giving orders is not
in my job description.

Thank you, Congresswoman.

Congresswoman, you're excused.

The defense would like to recall

Colonel Klesko at
this time, ma'am.

Colonel, do you recall
receiving messages from
Congresswoman Latham?

Yes.

Did they have any bearing
on your decision-making, sir?

I don't let politicians

determine field
decisions, Commander.

Despite the fact, Colonel,
that your mission in Africa

was highly dependent
upon Congressional support?

Congressional
support is important.

So much so that you promised
Congress to limit casualties

-in Sierra Leone,
-didn't you, sir?
-Yes.

Just how did you plan
to do that, Colonel?

Did you cut back on missions?

I chose more proactive measures.

Like configuring
helos for combat?

I thought it was a good policy.

Now, Congresswoman
Latham wrote to you, Colonel:

"Polls indicate capturing Makani

would give our
cause a PR boost."

Be some PR to have
Congresswoman Latham

standing next to Colonel
Makani in handcuffs
wouldn't it?

Almost worth sending
Captain Shepard on
a hunting expedition.

Objection.
[Klesko] I'd like to respond
to that.

Please.

Commander, I encourage
my people to be aggressive,

but if you're asking if I ever
gave Captain Shepard a verbal
order

to hunt down Colonel
Makani, the answer's no.

Are you familiar, Colonel, with
an incident in Lebanon in 1983

in the Bekaa Valley

where a Marine
recon unit was sent

to attack a Hezbollah
guerrilla leader in his home

and he was killed
along with his family?

Objection, Your
Honor. Relevance?

Colonel's career in
Lebanon has no bearing here.

It goes to pattern of behavior.
Colonel Klesko opened
this avenue, ma'am,

in previous testimony,
when he spoke of his tour

in Lebanon.

I'll allow it.

I remember such an incident.

The Second Lieutenant,
under your command, sir

while you were a captain:
Frank Seawell lead the
attack on the Hezbollah leader

on verbal orders from you, sir.

Isn't that correct?

Colonel, I can call Frank
Seawell in here now

and he will testify
to that fact, sir.

That won't be necessary.

I ordered Lieutenant Seawell
to attack the Hezbollah leader.

The man was responsible for
bombing the Marine barracks

killing 283 of our people.

According to our intelligence

he was supposed to be alone.

I regret that he wasn't.

Well, Colonel, right or wrong,
it was an unprovoked attack

in violation of the
rules of engagement.

I did what I thought
was necessary.

But, Colonel you just testified
that you would never tell your
men

to do anything that would
contravene a standing order.

-Now, that wasn't exactly
true in Lebanon, was it, sir?
-Not exactly, no.

[Rabb] No, sir, and
despite previous testimony

it wasn't true in Sierra
Leone either, was it?

No.

When Captain Shepard
led the raid on Colonel Makani

he did so at your
expressed desire

and your complete
knowledge, didn't he, Colonel?

Yes.

Thank you, sir.
Nothing further, ma'am.

I did what I thought
was necessary.

The accused and
counsel will rise.

You may publish your findings.

Captain William Shepard,
on the charge and specification

of willful dereliction of duty

this court finds you not guilty.

On the charge and specification
of negligent homicide

this court finds you not guilty.

This court is dismissed.

-Thank you, Commander.
-Congratulations, Captain.

Now go home, spend
time with your family.

-That's an order.
-Aye, aye, sir.

Thank you so much.

Congratulations, Harm.

I don't mind too
much, losing this one.

Sturgis.

-[Sturgis] Good job.
-Thank you.

You just doomed a mission

that saved thousands
of lives in Africa.

He killed six marines, Bobbi.

Don't you see
the bigger picture?

I defended my client.
It's the only picture
I'm allowed to see.

Peacekeeping may
be unpopular, Harm,
but it's the right thing to do.

Colonel Klesko was one of
the few who understood that.

This wasn't a campaign
stop, Congresswoman Latham.

You're his friend, maybe you can
talk some sense into him.

Well, with all due respect,
ma'am, I agree with him.

Can't do peacekeeping when
there's no peace to be kept.

Look, I'm not against
humanitarian missions,

Bobbi, but I am against
politicians sending people
into combat

and not giving them the
chance to defend themselves.

I'm not apologizing
for what I did, Harm.

Do you think the
military is the only place

where superiors
suggest courses of action

and leave you to
interpret the rest?

Are you telling me
that somebody else told
you to send those messages?

I know you had a job
to do, Commander.

There's going to be an inquiry.

Yes, sir, I've heard.

I might need a good lawyer.

You know where
to find me, Colonel.

Sir, I was thinking of stopping
by the O Club on the way home.

Can I buy you a drink?

No thanks, Commander.

I have five more visits to make.

Well, if you'd like some
company, Colonel...

This is one mission
that can't be delegated
or shared, Commander.

We'll have that drink someday.

Aye, aye, sir.