All language subtitles for JAG.S06E20.To.Walk.On.Wings.1080p.AMZN.WEB-DL.DDP2.0.H.264-Panda_track3_[eng]

[pilot 1]
Two miles out.
FLIR looks clear.

Drop zone is off the nose.

And so is the sun.

Nacelles coming back.

[pilot 2]
Nacelles passing 45 degrees.

Air speed slowing
through 120 knots.

Starting descent.

Let's go, Marines. Move! Move!

What do you think now,
Congresswoman?

I think little boys
never outgrow their toys.

Twenty feet at 15 knots.

Gusts picking up.

Let's get in and out.

[pilot 2]
Ramp clear.

[pilot 1]
Deploy jumpers, Sergeant.

Jumpers away!

-Move!
-What's going on
back there, Sergeant?

[man]
Two to go, Major.

-Go!
-[screaming]

[pilot 1]
We hit the water!

[theme music playing]

[man]
It's a stretch
to even call it a mishap.

A corporal with a headache.

A sergeant
with a sprained ankle.

Congressman with whiplash.

The National
Security Subcommittee

wanted to observe
a training exercise.

You ever try saying no
to Congressman Latham?

Not when she's got
my
budget
in her hands.

The aircraft
was kissed by a swell.

Then immediately
powered up and got out of there

but it's an Osprey.

so it made the front page.

We're getting a bum rap, A.J.

A pilot would understand that.
Commander, you flew F-14s.

-Yes, sir.
-Then you're aware

of the checkered history
of
that
aircraft.

Yeah. Eight of the first 11
crashed, Sir.

One shot itself down
with its own Sparrow missile.

There are bugs to be ironed out,
new systems to learn.

Does that mean it was
defective or dangerous?

Any aircraft is
potentially dangerous, Sir.

-Exactly.
-Leonard, um...
I think you'll find

that Colonel MacKenzie
and Commander Rabb

are well aware
of the Marines' stake
in the Osprey program.

Don't worry. I will keep my nose
out of your investigation.

-and I look forward
to your report.
-Yes, Sir.

Yes, Sir.

[Rabb]
We've got 3,000 hours
in 46s and 53s

-with no mishaps.
-One Osprey's worth a squadron

of those old birds, Commander.
I just wish we'd had them in
Mogadishu and Sierra Leone.

Even though you, personally

have had two mishaps
in the Osprey.

One was a gyro wired wrong.

-Never happened again.
-And this time?

No excuses, Sir.
I was a ham-fist.

Pretty damn embarrassing
with the whole world watching.

No mechanical problems,
no system failures?

Human failure, sir. Mine.

You fell below drop altitude.

I was trying to maintain
ten to 15 feet for the helocast.

and the wind was gusting.
Jumpers were
a little slow getting out.

I just didn't see
that big swell coming,
Commander.

Yeah, you're damn lucky
you didn't drop that bird

on some of those
Marines treading water.

-Yes, Sir.
-You're going to have

to appear before
a Human Factors Board

possibly a FNAEB.
You could be grounded.

I know, sir.

Major, a lot of people
would blame your aircraft,

the ground crew, hell,
their high school
French teacher.

Not Marine pilots, Commander.

Tiner? You starting
your own law library?

Uh, no, ma'am; just trolling
for essay ideas

for my Intro to
Admiralty Law class.

You wouldn't be trolling
through the file

U.S. v. Ballard,
the one that

Lieutenant Singer's
been demanding ASAP?

-Sorry, ma'am.
-Careful, Tiner.

There's a phrase
that the admiral
is very fond of using--

-"On your own time."
-Yes, ma'am.

[Chegwidden]
Tiner! In here yesterday.

Bring a pad of paper--
a thick one.

Aye, sir.

Go.

Great.

[man] Max Asher
is the best pilot
in the squadron, ma'am

but maintaining low altitude
in gusty winds over water...

whether it's a helo
or an Osprey, it's like...

standing on a bowling ball
juggling a dozen eggs,
blindfolded.

So you're saying
it wasn't pilot error.

Pilot
and
copilot error, ma'am.

It's my job to monitor
distance above the water.

If the winds were gusting,
why didn't Major Asher
scrub the mission?

Conditions were Sea State Three
within our capabilities.

Anything else affect
pilot performance?

Glare from the sun
but there frequently is

when it's low on the horizon.

Any mechanical failures?

-No, ma'am.
-Hydraulics, avionics...

-Anything?
-No excuses, ma'am.

We just put it in the water.

Ma'am, I hope no one knocks
the airframe for our foul-up.

This isn't
about the Osprey, Captain.

Respectfully, ma'am,
it sure as hell is.

[man] Hope that Congressman's
doing okay, Sir.

His neck's a little sore,
but his mouth still works.

[chuckling] We need
all the friends in Congress
we can get, sir.

Don't worry about it, Sergeant.
Congressman Fetzer's never met
a weapons system he didn't like.

Well, what about that
other one, the woman?

Was Major Asher's
aircraft equipped

-with a flight data recorder?
-Two of them, in fact, ma'am.

An engine diagnostic unit
and a crash-survival
memory unit.

The CSMU would
have been overwritten.

Yes, sir, it's on a seven-
and-a-half-minute loop.

Did you download
performance data from the EDU?

No, sir, they outflew
that box, too.

But they were only
30 minutes from New River.

Major Asher flew Corporal O'Dell
to the Naval Hospital

at Portsmouth
for a medical test.

What were his injuries?

Well, it turned out
he was okay, sir.

-Hey.
-Hi. I thought you were
in court today.

I was. It's, uh... 1730.

-Oh, my gosh.
-What you doing in here?

Oh, I couldn't concentrate
out there.

Tiner's doing his
Post-It Note inventory.

When does a conviction
become final?

Well, it depends. Was there
a general court-martial

where a discharge was awarded?

-Uh, sure.
-Well, then

after the appellate review
is either waived or completed

and the punitive discharge
is executed. Why?

Senior Chief Litrell
was convicted of stealing $3,000

from the commissary at Norfolk.

He spent two years in the brig

and he lost all of his
retirement benefits.

Ooh. Pretty bad.
Somebody you know?

No, the court-martial
was in 1976

but doesn't that seem
a little weird to you?

I mean,
look at this guy's career.

Achievement Medal, Navy Comm.

He made Chief in less than
12 years.

So?

So, why'd he do it?

-For the money?
-For $3,000?

He was going to make
Master Chief in two months.
He had no financial problems.

Why would he throw
his career away
for something so stupid?

What? You have to be
a seaman recruit
to do something stupid?

In '93 there was
an Acting Secretary of the Army

who got caught
shoplifting at a PX.

I happen to think that
Senior Chief Litrell
was innocent.

And what's your proof?

Well, for one, look at that.

-A member of the volunteer
fire brigade?
-Mm-hmm.

Well, that makes no sense.

Look, Harriet,
you discovered a criminal

who has acted out of character.

Big surprise.
What are you going to do?

Re-open up the case?

Come on, Harriet,
you're no Erin Brockovich.

That didn't come out
the way that I wanted it to.

Well, Lieutenant, I'm sure you'd
like to have your office back.

-Harriet.
-[Rabb] How'd you find out?

-It's supposed to be a secret?
-In this office?

Tiner's in charge of security.

Gunny's in charge of planning.

I'll alert a bail bondsman.

Don't tell Mick.

Isn't a bachelor party
kind of retro?

We're kind of retro.

Colonel, Commander,
the admiral's waiting.

-Coming.
-Uh-huh.

[knocks on door]

Enter.

-Sir. Congresswoman Latham.
-Congresswoman.

-Colonel, Commander.
-Congresswoman Latham
is interested

in your investigation
and not just because
she got her feet wet.

You want to kill the Osprey.

Put it out of its misery.

Vice-President Cheney
had the right idea

-two administrations ago.
-And now you and your committee

-are going to try to do it.
-The pilots admit error.

There's no evidence the Osprey
failed in any respect.

The Marines want
that aircraft so much

they might be...
How should I put it?

Blind to the Osprey's defects.

[MacKenzie]
Conditions were difficult.

I was there. It wasn't
particularly hazardous.

Ma'am, Major Asher was flying
into the sun.

-The wind was gusting.
-Are you suggesting the Osprey

can only operate in the shade
on a day without a breeze?

I play golf
in tougher conditions.

Congresswoman Latham,
I'm suggesting

that the aircraft be judged

by people who understand
the fundamentals of flight.

What Commander Rabb meant,
is that we are confident

Congresswoman Latham
will be fair
in judging all the evidence.

Good. Then you shouldn't have
a problem turning over
your files.

-No problem at all.
-[Latham] Easier than I thought.

Congressman Fetzer's
already asked for our files.

At the same time,
he asked Colonel MacKenzie

to assist the committee.

[Unichimoski]
The MV-22 Osprey combines
the speed and range

of a fixed-wing cargo plane
with the vertical lift
of a helicopter
.

It can do everything
a CH-46 does and do it better.

Amphibious assault,
combat search and rescue,
medevac, special ops.

It flies higher, faster,
and farther

than the 46 and carries
three times the payload.

If we had the Osprey in Vietnam

there'd be fewer names
on the wall.

If we had it 20 years ago

we could have rescued
every hostage in Teheran

without refueling,
no disaster in the desert.

General Unichimoski,
the Osprey has managed to have

plenty of disasters right here.

That's an overstatement,
Madam Chairman.

There have been
four class-A mishaps.

"Mishaps" seems like
such a euphemism
for 30 fatalities.

Over ten years, ma'am.

Well, let's talk about
this past year, General.

What caused last December's
fatal crash?

The investigation's not complete

but it would appear
as a hydraulics failure.

And the fatal crash last April
in Arizona?

Human factors, ma'am.
The pilot descended too rapidly
and lost lift.

The same thing
could have happened

in a conventional helicopter
had the pilot made
the same mistake.

I guess that explains
the expression

"Aircraft manuals are written
in blood."

I'm an aviator, ma'am.
I've flown Sea Knights,
Sea Stallions

just about every helo
in Marine aviation

so I know from experience
how well the Osprey stacks up
against any of them.

Overall, General how would you
characterize the Osprey's
safety record?

Good, sir. Particularly
for a new aircraft.

-Despite the crashes?
-Military aviation will

never be risk-free, ma'am,
no matter what the airframe.

Two months ago two
Blackhawk helicopters
collided in Hawaii.

Six soldiers were killed.

Last month a C-23 Sherpa

crashed in Georgia
killing 21 National Guardsmen

and no one is suggesting
grounding those aircraft.

Blackhawks and Sherpas
are tried and proven.

-The Osprey isn't.
-Never will be
if it's not given the chance.

The investigation
has cleared the aircraft

in the most recent mishap,
as Colonel MacKenzie can attest.

The pilot signed a statement
taking full responsibility.

Does he also assume
responsibility
for taking the long way home

overriding
the engine diagnostics unit?

An injured marine needed
assistance.

Did he?

[Slater]
I usually have a client pegged
inside of 15 minutes

but when I defended
Senior Chief Litrell

I couldn't
figure him out at all.

How do you mean, sir?

The prosecution's case was thin.

Some nearsighted mechanic

spots him leaving the commissary

at 3:00 a.m. from a distance
in the dark.

[chuckles]
I was a pretty green JAG lawyer

but I thought
I could win that one.

All Senior Chief Litrell
had to do was step up

and defend himself
but he didn't.

Did he actually confess,
I mean, to you?

Whoops. Looks like someone's
forgotten

about attorney-client privilege.

I never did ask the reason
for your interest in this case.

After reviewing the case file
I came to the conclusion

that Senior Chief Litrell was
completely innocent.

Completely innocent?

You're not wearing
the mill rind.

You're not an attorney, are you?

No, sir. I work in office admin.

Well, thanks for the input.

Nothing like criticism
from a secretary

to keep you on your toes.

I didn't mean
to mislead you, sir.

I'm sure you didn't.

Mr. Slater, do you think
he did it?

No.

Then why wouldn't he
defend himself?

The only thing I could
think of was

-he was protecting someone.
-Who? Why?

He had boot camp buddy,
Petty Officer Graff.

They were tight.
Graff worked part-time
at the commissary

and he had a juvenile
record for burglary.

I looked it up. Litrell wouldn't
let me go there.

The Senior Chief had
an exemplary record.

It still doesn't make sense
that he was convicted.

There was one other thing.

He was supposed to be
honchoing delivery of supplies

to the amphib base that night
but he never showed.

He refused to tell
anyone where he was

even his attorney.

You still here?
Bobby Latham doesn't like
to be kept waiting.

Do you know who she's calling
as an impartial weapons analyst?

-William Markey.
-Whoa.

Mm-hmm. Naysayer
of the FX fighter

slayer of the A-12.
If he had his way

we'd still be arming
our troops with crossbows.

-They'd come in under budget.
-What kind of a person

becomes a civilian
defense analyst, anyway?

The kind of guy who wants
to make a name for himself
by killing weapons.

-So how impartial is he?
-He does his homework, Mac.

-Scores solid points.
-So do I.

[Markey]
The hydraulics are problematic,

there's a documented risk
of vortex-ring state

and the tilt-rotor technology
raises many
unanswered questions.

In sum, Mr. Markey?

Given the high cost
and the uncertainty over safety

the Osprey program
should be deferred

in favor of updating the CH-46

for the Marine's medium-lift
assault requirements.

Mr. Markey, do you know why

the aircraft is called
the Osprey?

Uh, because Edsel was taken?

Because, like the bird

it has a spectacular ability
to fly, to hover and to dive.

Well, there are a lot less
expensive ways

to accomplish these things,
but with proven technology.

Madam Chairman, I'm not sure
I have the knowledge

to debate a GAO weapons analyst.

Since when did lack of expertise
silence you, Harold?

So I've asked Colonel MacKenzie
to inquire in my behalf.

Thank you.

The CH-46 dates
from the Vietnam War,
doesn't it, Mr. Markey?

-Yes, but it's reliable.
-When it was new,
it had numerous mishaps,

-didn't it?
-Some.

-More than 40
in its first five years.
-Yes.

And what about the UH-1 helo,
the Huey?

About the same number.

In fact, Mr. Markey,
aren't mishaps common
with new aircraft?

Unfortunately, yes.

And that's been an accepted risk
of new technology

for as long as there's been
military aviation.

-[sighs] Yes.
-So when the first B-17

and the first B-29 crashed,
the programs weren't shut down.

-Boeing
made improvements, correct?
-Yes, but--

Enough for the planes
to carry out thousands
of bombing missions

over Germany and Japan
and to help win World War II.

That was wartime, Colonel.

In peacetime, our society has
much less tolerance
for the loss of life.

When should we prepare
for war, Mr. Markey?

I'm not sure I follow you.

if we wait for the shooting
to start

won't it be too late?

-How did if feel, Gunny, really?
-It hurt, Tiner, really.

Commander, you were shot once
weren't you, sir?

-It hurts.
-See?

-[soft laughter]
-How's the planning going?

I think we should do something
very special

-for Mr. Brumby, sir.
-Like deport him?

What do they do in Australia
when a bachelor takes a fall?

I don't know but I'm sure

mass quantities
of alcohol are consumed.

Get him drunk and watch him box
a kangaroo.

-[laughter]
-I don't think Brumby
would find that too humorous.

-He wouldn't find what
too humorous?
-Nothing.

There's a marine
waiting in your office, ma'am.

Thank you, Tiner.

[laughter]

[MacKenzie clears throat]

-At ease, Corporal.
-O'Dell, ma'am.

I was one of the jumpers
on Major Asher's flight.

This morning I got a subpoena
to testify

before Congresswoman Latham's
committee.

O'Dell, you were one
of the casualties.

I wouldn't call it
a casualty, ma'am.

I just saw stars
for a few seconds

when the plane hit the water.

My head smacked the bulkhead.

-You weren't injured?
-Not really, ma'am.

But Major Asher insisted
on flying me

to the naval hospital
at Portsmouth.

He just wanted to be sure
you were all right.

Well, ma'am, I told the major

I've been hit harder
playing touch football.

You put the Inspector General's
quarterly report

in the May tickler
instead of April

causing the I.G.
to call personally

asking where the hell it was.

You forgot to reserve

the conference room
for our meeting

with the Czech delegation
so we had to meet
in the mess hall

They weren't crazy about that.
Tater tot casserole?

I forget anything?

I, uh, confused
the costume party

with Senator Hatch's reception,
sir.

Let's not talk
about the costume party, okay?

Let's talk about
something important.

Something important enough, sir,
for me to screw up

absolutely everything
for this past week?

Sir, I ran across a file
involving a Senior Chief
Litrell.

He was convicted
of stealing $3,000

from the commissary
at Norfolk in 1976.

I don't think he did it, sir.

Lieutenant, your job

is not to second-guess a...
Wha, 25-year-old court martial?

Your job is to make sure
that everything

runs smoothly
between this office
and the Pentagon.

Starting right now you will
dedicate 100% of your time

and effort to your job.

-Is that understood?
-Yes, sir.

Good. Dismissed.

Aye, sir.

Lieutenant?

Sir?

Of course, if you want to
pursue the inquiry

on your own time...

Thank you, sir.

[MacKenzie]
Major Asher,
you have the right
to an attorney.

[Asher] I don't need to hide
behind a mouthpiece, ma'am.

-No offense.
-None taken.

You want to tell me
about that wild goose chase
to Portsmouth?

I had casualties
on board, ma'am.

Any reason why Sergeant Grieco's
sprained ankle

couldn't be treated in sickbay
at New River?

I'm sure
it could have been, ma'am.

Congressman Fetzer
didn't even complain
about his neck, did he?

I guess it started
hurting the next day, ma'am.

Then why the detour
to the hospital in Portsmouth?

Why not go to the nearest
medical facility?

Corporal O'Dell had
a possible concussion.

Portsmouth is better equipped
for that.

I'm on your side, Major,
but I got to have the truth.

You got it, Colonel

I put that bird in the water,

I hurt that marine.

They train us to treat
head injuries seriously.

Corporal O'Dell says
he wasn't injured.

He was trying
to hang tough, ma'am.
He was definitely woozy.

I thought it prudent
for him to get a CAT scan.

According to the Corporal
all he needed was
a Candy Striper

-with a bottle of aspirin.
-He's a good marine, ma'am,

but he's not a board-certified
neurologist.

Let me ask you directly, Major.
Did you fly to Portsmouth

out of concern
for Corporal O'Dell

or because you wanted
to override the E.D.U.?

Why would I do that, ma'am?

To erase data that might reveal
a systems failure

to protect the Osprey program.

Is that Congresswoman Latham's
going to say, ma'am?

She's going to say
whatever it takes
to kill the Osprey.

I just hope
you haven't helped her.

The long tortured flight
of the Osprey
may be nearing its end.

Not only are there safety
and reliability questions

but now there are questions
of a possible cover-up
of mishap data.

Congresswoman,
what's the evidence of that?

A mishap occurred
on a recent flight
on which I was a passenger.

The pilot apparently
went to great lengths

to make
the flight data recorder
unavailable to investigators.

Do you expect
criminal charges?

My committee will subpoena
the pilot to testify

though I wouldn't be surprised
if he took the Fifth.

-It would surprise me.
-There's no proof Major Asher

intentionally overwrote
flight data.

Well, now that she's taken
it to the press,

she's going to have to prove it.

Osprey can survive a mishap
but tampering with data?

Assume that Major Asher did
what she claims he did.

-What was his motive?
-Save the Osprey.

Because he believes
it's a valuable aircraft.

Sounds like a defense lawyer's
closing arguments. Are you?

He wanted a lawyer
with knowledge of aerodynamics.

[dog barking in distance]

[doorbell rings]

-Hi. Mr. Litrell?
-Yes.

I'm Lieutenant JG Harriet Sims

and I was wondering if I could
talk to you for just a second.

Uh-oh. Am I being drafted?

No, sir. I'm from JAG.

And if you don't mind,
I'd like to talk to you

about what happened at Norfolk.

In or out, folks.
A.C. is running.

Honey, this is
Lieutenant Harriet Sims.

She's here
to talk about Norfolk.

Well, where are your manners,
David? Invite the Lieutenant in.

-Come in.
-Thank you, sir.

[woman] We were just
sitting down to lunch.

-Have you eaten?
-I'm sorry. I could come back.

Oh, no, please.
Honey, set another place.

I'll go put another burger
on the grill.

You have a lovely home.

Thank you.
When you're a Navy wife,

you learn to make do
with a little.

I'll be right back.

You said you wanted
to talk about Norfolk.

I assume you don't mean
the Harbor Festival.

No, sir.

I recently came across
your case file

and, um, I don't believe
you took the money.

I'm afraid the judge
believed differently,
Lieutenant.

Well, sir, reading your file,
it seems that
you were a little less

than truthful
about your whereabouts
that evening.

I was never anything
but truthful.

They asked if I stole the money,
I said no.

They asked if I knew
who stole the money, I said no.

They asked me about
my whereabouts,

I said I couldn't say,
and I couldn't, and I can't.

Major Slater, your attorney
seems to think

you were protecting your friend,
Petty Officer Graff.

[David] Slater's a moron.

Tom Graff didn't take
that money.

He was a completely honest man.

I was planning
on talking to him next.

You better
keep that conversation

in the planning stages,
Lieutenant.

Tom died 12 years ago.

[Litrell]
We truly appreciate your concern

but you're talking about
something that happened

when your bike had
a banana seat.

It's over.

-Sir.
-Have a seat, Major.

Report from the December
Osprey mishap.

A hydraulic line
in the left nacelle ruptured.

Pilot pressed the reset button

exactly the way
he was supposed to.

Produced a software anomaly
which sent the aircraft

into an uncontrollable pitch,
roll and yaw.

-Software did that, sir?
-The Marine Corps ordered
a review of the entire system.

It's really piling up,
isn't it, sir?

I'm sure
if Congresswoman Latham's
heard about it,

she's already making
her stiletto even sharper.

-What do you suggest I do, sir?
-Listen to them.

Don't try to outthink them.
Yes, sirs, and no, sirs.

Don't be defensive.

You're not on trial.

Not yet.

Major I can ask for
limited immunity
before you testify.

That's the prudent thing to do.

And then it would look like
I'm hiding something.

Without it, anything you say
can be used against you

by the FNAEB or a court-martial.

They'd really try
to ground me, sir?

It's up to you, Major.
You want me to ask for immunity?

No, sir.

Major Asher, you've been
given the oath

which means that
any false statement

could be subject
to criminal penalties.

My client is a Marine officer

and does not need to be told
the meaning of an oath.

-Good.
-Major Asher will fully
and truthfully explain

the cause of the mishap
and why he acted the way he did,
ma'am.

Candor from the military,
how refreshing.

Or he could simply make
a statement to his
commanding officer

and this committee
could go about
its primary business

of giving press conferences.

Perhaps the Major
would like to make his statement

unimpeded by his counsel
or the committee.

On March 17,
I was aircraft commander
of an NV-22 Osprey

on a demonstration
helocast mission.

We had a crew
of three, six jumpers,

and two Congress members
as guests.

Other VIPs and news media
were watching
from a nearby Naval vessel.

[MacKenzie]
And what happened, Major?

We converted from
fixed-wing to vertical mode

about 20 miles offshore

and descended to between
ten to 15 feet.

The jumpers started out
the rear ramp.

All systems were operating
properly

until the engine exhaust
gas temp started going up.

-What would cause that, Major?
-Ocean spray through the intake.

Salt coats the compressor blades

and reduces the airflow
into the engines.

So your engine overheated?

No, ma'am. I powered down a bit

and the temp never redlined.

When you powered down,
did it cause you
to hit the water?

Not directly. Though we
descended a few feet.

Why didn't you just pull up
and get out of there?

There were only two jumpers
to go by that time, ma'am.

I thought I could make it
but the wind was kicking up
an line of swells.

-We got kissed by one of them.
-Kissed?

There was no damage
to the aircraft

and the injuries
were minimal, ma'am.

What were
weather conditions, Major?

Clear. The wind was out
of the west, about 20 knots.

Swells of about five feet.

And we were heading
west as I recall

-into the setting sun.
-That's correct, sir.

Just like landing,
you always try to
helocast into the wind.

Did the sun make it
more difficult

to judge your distance
from the water?

There was a glare, ma'am

and when the largest swell
came at us...

I-I didn't see it in time.

But your engines didn't stall?

-No, sir.
-Or suffer power loss?

None felt or indicated
on instruments, sir.

You can't confirm that,
can you, without the data

from the engine
diagnostics unit?

-No, ma'am.
-Major, did you take

the scenic route home
in order to overwrite the EDU?

No, ma'am, in order to obtain

medical treatment for my crew.

Couldn't they have been
adequately treated on your base?

Portsmith's a larger hospital,
ma'am

and I chose to err
on the side of caution.

That seems to be
out of character for you, Major.

With all due respect, ma'am,
that's uncalled-for.

I apologize, Commander.
In fact, let me
compliment your client.

I understand that he has
a very distinguished record
as a pilot.

His CEPs are routinely the best
in his squadron, ma'am.

Yet he was able to control
the Osprey during the maneuver.

[Rabb] Congresswoman Latham,
he allowed

minimum contact with the water.

Even when he says there were no
mechanical problems?

That's correct, ma'am.

The Osprey performed perfectly

yet the best pilot
in the squadron

flew it into the Atlantic Ocean.

Which is it, Major?
is the Osprey
mechanically unreliable?

Or is it impossible to fly?

We have an aircraft capable
of mythic feats
and we're being nibbled to death

by the bean counters
and the naysayers
and the news media.

-Colonel, we're taking a beating
over the Osprey hearings.
-I'm aware of that, sir.

Congresswoman Latham
has made Major Asher
look deceptive.

The Congresswoman is good
at playing to the press.

Sir, the Major is good
at flying helicopters.

Today's editorial in the
Times

calls for the court-martialing
of Major Asher.

-For what, sir?
-Obstruction of justice,

conduct unbecoming,

offending the tender
sensibilities

of the editorial writer.

[MacKenzie] There's no evidence
against him, General.

Only allegations.

Which gain credibility

with every news broadcast.

Winston Churchill said,
"A lie travels around the world

while the truth is putting on
its boots."

We need to put
our boots on, Colonel.

Hot chocolate?

If you're here to give me grief
about my little crusade,
you can get in line.

Harriet, I take you seriously.

If it seems like
I don't, I'm sorry.

Sometimes I get so wrapped up
in work here

I forget about what's important.

Bud, I don't know
why you should take
me seriously.

Even the guy that
I'm trying to help
wants me to leave him alone.

I don't believe that.

Bud, I didn't join
the Navy to push paper.

And lately, it just seems
that's all I'm good for.

Harriet, listen to me.

I didn't marry a paper pusher.

I married a woman who lights up
a room just by walking into it.

You're the only person
I know that can talk to
anybody on the entire planet

and make them feel good
about themselves.

You shouldn't have to
feel like this.

Petty Officer Thomas Graff?

Oh, uh, I figured
you could use a hand

so I ran a search
on your prime suspect.

But please don't
get too excited.

It's bad news.
Graff couldn't have anything
to do with the theft.

He was training in
radar countermeasures

that night at Damneck.

Sorry.

Got any cups?

Uh,
uno momento.

Graff, Petty Officer Thomas

died March 6, 1989,
myocardial infarction

leaving behind his loving wife
of 27 years, Amanda.

[Latham] Sometimes the ends
justify the means

but never when the ends
are unjustified.

Reasonable people can differ

on whether saving the Osprey
is justified or not.

Mac, I can't believe
you're standing up

for a pilot who showed
bad judgment, flew negligently

and intentionally
destroyed evidence.

Or two out of those three.

I'm surprised you even noticed
what position I was taking

when you were playing
to the press gallery

-all day, Congresswoman.
-And you?

Grandstanding
for your Marine buddies.

"Did the sun make it
more difficult?"

Do you know why I agree
with my "Marine buddies"
about the Osprey?

Group-think, Colonel.
The scourge of the military.

Has it occurred
to you that you might be
wrong about this?

No.
I think Major Asher lied about
what caused the mishap.

-I don't believe that.
-Mac, there's technology
that can recover erased data

from the flight recorder.

If one of those engines
so much as burped

I'll see to it that
the Osprey never flies again.

[MacKenzie]
So much more pleasant
to work on one of these

when there hasn't been
a fatal crash.

What are the chances
you can restore the data?

That I don't know, Colonel.

They're still trying to recreate

the missing 18 and half minutes

on Nixon's Watergate tape.

But that's old technology.

Unscrambling
iron oxide particles

on a magnetic medium.

So you have a better chance.

Well, with unlimited resources
and unlimited time...

How about with what you have
and a few hours?

Well, I'll see what I can do.

All right, the recording
was compressed
on a digital signal.

It was overwritten
as it assigned
a different address on the disk.

My job is to recreate
the original sequence.

So, are you on
the team rooting I can
or hoping I can't?

-Oh, there.
-[screeching]

Damn, if this were an EKG,
the patient would be brain-dead.

Or maybe not.

Is that it?

Well, there is something.

[MacKenzie] What is it?

Colonel, you'll be
one of the first to know.

But now, if you'll
please excuse me.

[Sims] Mr. Litrell?

Lieutenant Sims.

Know much about transmissions?

-I know where you were, sir.
-Excuse me?

The night of the robbery.
I know where you were.

I spent two years in prison.

Then I made a new life
and put it behind me.
Why can't you?

Because you spent
two years in prison

for something you didn't do.

It's not your business.

You couldn't have
stolen the money, sir.

You were with your wife
that night

only she wasn't your wife then.

She was the wife
of your best friend,
Amanda Graff.

Her husband was out of town
and that's why you didn't report
for your scheduled duty.

What do you want?

It's not what I want, sir.

You need to come forward.

-No.
-[Amanda] David.

Maybe it's time.

It'll never be time.

You can clear your name, honey.

Amanda, we had an agreement.

For Tom.

I'll be right in.

Thank you for your concern,
Lieutenant.

If this could stay between us?

Tom Graff is gone.
This can't hurt him.

And your country owes you
25 years of back pay.

Lieutenant,
you don't understand.

I'm not keeping a secret
to protect Tom.

He's not the one
who had the affair.

Amanda did.

I won't have people
thinking of her like that.

[indistinct chatter]

-Not too late, am I?
-Commander,
you missed the flight

-but you can watch the playback.
-We've loaded the simulator
with all the data, sir,

wind, payload,
salt water intake.

[Asher] Of course,
in the simulator,
I knew it was coming.

[Rabb] Yeah, well, you're still
ten feet above the water.

Doesn't leave you a lot of time
to react, Major.

[Asher] That might be
the first kind word

a fighter jock's ever had
for a helo pilot.

I'm sure a few said "thank you"
when you fished them
out of the water.

They always said to me,
"What took you so long?"

Okay, here's where
the engine temps started rising.

I powered down a bit.

Descended below ten feet.

Here comes a big swell,
powering up.

-You avoided it.
-Well, like I said, Commander,

I knew it was coming.
And the computer's
not simulating

-the glare from the sun.
-I remember once,
in Capodichino,

on final approach, I had to turn
into the setting sun.

Didn't see a transmission line,

severed it with my landing gear.

Knocked out power
to half of Naples,

damn near burned down
the NATO Officer's Club.

You're just trying
to make me feel better.

Yeah.

Major, you knew
the prevailing winds.

Why'd they fly you
into the setting sun, anyway?

Major?

We didn't have a choice,
Commander.

-Tiner, where is...
-Good morning, Admiral,
here are your notes

on the meeting
with the joint chiefs
and I've scheduled interviews

with the top five
yeoman candidates

for Thursday afternoon
and Friday morning.

The cleaners put a rush
on your dress whites.

They'll be ready at 1330.

-Don't lose the ticket. Sir.
-Lieutenant.

-Yes, Sir?
-Whatever happened about
the Litrell case?

It was a dead-end, sir.
I guess I was wrong.

I'm sorry to hear that.
But taking the initiative
like you did,

it was good to see.

Thank you, sir.

Maybe next time
I'll get it right.

[woman]
I effected
the data recovery

with harmonic magneto-resistive
microscopy.

-[Latham] Meaning?
-[woman] High-resolution sensors
map the magnetic fields

which allowed me to rebuild
the original erased signals.

So you were able to reconstruct
the engine performance data.

-Among other things, yes.
-And what did you find,
Ms. Bellotti?

There were no engine anomalies

other than a slight rise
in exhaust gas temperatures.

Not even a burp,
or a small loss of power

-right before impact
with the water?
-No, ma'am.

All systems were operating
within normal parameters.

I assume you have
some questions?

I don't think any are necessary,
Madame Chairman.

It would seem Major Asher
told the truth.

He flew his aircraft
into a rising swell.

The Osprey can't be blamed.

I think the data merely answered
the question I posed yesterday,
Colonel.

The Osprey may not
have been defective in this case

but if Major Asher,
the best pilot in the squadron

can't handle this plane,
then who can?

Thank you, Ms. Bellotti.

Perhaps Major Asher
can speak to that,
Madame Chairman.

He's already had his say.

Do I hear a motion to call
to question
on continued funding?

Well, I'd like to hear
all relevant testimony
before I vote.

Very well, Major has
a
brief
statement.

You're still under oath, Major.

I'm well aware of that, ma'am.

I want you all to know
that the aircraft I was flying

hit the water
because I let it go too low

and I didn't see a swell coming.

We've heard this all before,
Commander.

Major, why didn't you see
the swell coming?

Drop zone is off the nose.

So's the sun.

It was a sunny day, old news.

Major, would you ordinarily
have scheduled a mission
to fly into the setting sun?

No, Sir, we go out
of our way to avoid it.

[Rabb] And why didn't
you this time?

[Asher] We were late taking off.

And why was that?

Because Congresswoman Latham

was two hours late
getting to the base.

So, now it's my fault.
Without me, you would
have taken off earlier?

No, ma'am, the mission
was scheduled
for your orientation.

Without you,
there would have been
no point in taking off.

Well, you could have
explained the situation, Major.

What would you have
said then, ma'am?

That the Osprey can
only fly in the shade?

That people play golf
in tougher conditions?

-Well, if it's true...
-[Rabb] Ma'am, when Marines

schedule a mission,
even during combat

they get to decide
what time they go in,

because the enemy doesn't demand
a dog and pony show

to suit the convenience
of politicians and the media.

Commander, I thought
your client accepted
responsibility for this mishap.

Well, there's plenty
to go around, ma'am.

Major Asher was
in a challenging situation

hovering ten feet
above the water

looking directly into the sun

trying to accomplish his mission

and get out of there
as fast as he could.

[Fetzer] But he was delayed.

By me.

I was excited to be there.

What do you think now,
Congresswoman?

-I think little boys
never outgrow their toys.
-[laughs]

Drop zone clear.

Jumpers, away!

Sergeant, how about a shot
with me and the boys?

Hold! Sir, you shouldn't be
out of your harness!

Come on, Sarge, just one.

Trying to get a photo
for your campaign brochure,
Harold?

Sir, sit down!

What's the harm?

Two to go, Major. Go!

[screaming]

I will not shirk
my responsibility
in the mishap, Major.

-If I hadn't delayed you...
-So now he's responsible.

Commander, is there anyone else
you'd like to blame?

Yes, ma'am, the critics

for demanding
that military hardware,
even the newest

perform flawlessly
with zero tolerance for error.

The media
for its sensationalism,

exaggerating every mishap
to the dimension of tragedy

and Congress, ma'am,
for not listening

to those who know
this aircraft best:
the people who fly it.

You want to kill the Osprey
program to save their lives.

They're telling you that they're
willing to risk their lives

because they believe
that this aircraft

is important
to the defense of our country.

I believe Congresswoman Latham
wanted to call the question.

Is that still that case?

Unless our chair wishes
to hear more testimony?

That won't be necessary.

Those in favor
of continued funding
for the MV-22,

please signify
with a showing of hands.

Looks like the Osprey lives
for another day.

Major, I want to wish you
luck and godspeed

and if you ever invite me
for another ride...
I'll be on time.

Yes, ma'am, and if you
give it the opportunity,

so will the Osprey.

This hearing is adjourned.

[closing theme music playing]