Original subtitles

MAN: All deck personnel: Rig for fuel transfer.

Boom coming in!

[ indistinct shouting ]

We're locked!

Increase speed to 1-2-0 revolutions.

Increase speed to 1-3-0 revolutions, aye.

That's 1-2-0 revolutions.

1-2-0 revolutions, aye.

Come right, steer course 0-5-5.

I say it again!

Come right, 0-5-5.

0-5-5, aye, sir.

Seaman Rivera, do I need to have you relieved?

Uh, no, sir.

Then man your helm, son.

Aye, aye, sir.

MAN: All deck personnel, fuel transfer has commenced.

Officer of the Deck,

wind shifting to starboard quarter.

Captain, we're getting sucked in.

The captain has the conn.

Boatswain's mate of the watch, take the helm.

Aye, aye, sir. Right standard rudder.

Steady on course 0-7-0.

Standard right rudder. Come to 0-7-0, aye.

This is the captain. All hands:

Emergency breakaway.

Repeat: Emergency breakaway.

Clear the line! It's a break...

[yells]

[ alarm sounds] [ indistinct shouting ]

Get a corpsman down there.

Aye, sir. Get a corpsman down to the main deck.

Lieutenant Gold, take the conn.

Aye, aye, sir.

Lieutenant Nelson, you are relieved.

BOATSWAIN: Sir, steady on course 0-7-0.

Very well.

This was a stupid, needless mishap.

Seaman Rivera, I'm confining you to bread and water

for three days.

Captain, if I might point out, it was the wind shift...

It was negligence, Lieutenant Nelson.

Now escort Seaman Rivera to the master-at-arms shack.

Captain, with all due respect, he's entitled to a hearing.

Fine. Do you have anything to say, Seaman Rivera?

Sir, no, sir.

Then lock him up, Mr. Nelson

and spare me your customary whining.

That was not due process, sir.

Are you refusing to obey an order, mister?

Yes, sir. I must respectfully...

Lieutenant Nelson is hereby relieved of duty

and restricted to quarters pending court-martial.

Now get off of my bridge.

[ theme music playing ]

Can I help you, Commander?

You must be the new gunny.

Yes, sir. Gunnery Sergeant Victor Galindez.

And you're...?

TINER: Commander Rabb.

Welcome back, sir.

Thank you, Tiner.

They're in the conference room.

I believe they're expecting you, sir.

Nice to meet you, gunny.

Sir.

Political considerations aside,

a willful disobedience case is always...

Lieutenant Commander Rabb reporting as ordered, sir.

Come on in, Rabb. Take a seat.

A willful disobedience case is always

a lose-lose situation.

BRUMBY: Then perhaps you should give it to Lieutenant Roberts, sir.

Well, he's accustomed to losing.

Can I remind you of the Barstow case, Commander?

Oh, the lieutenant had an unfair advantage.

How's that? You were prosecuting.

That was your advantage.

[ all chuckling]

It was an incredible experience, sir.

I wouldn't trade it for the world.

I understand you did pretty well.

I held my own, sir.

Pushing another F-14 by its tailhook

12 miles through hostile airspace.

I'd say you did more than hold your own.

Apparently, Admiral Nash agrees.

He's putting you in for your second

distinguished flying cross.

Congratulations.

Thank you, sir.

I was unaware of that.

Commander, are you sure you want to settle

for being a lawyer after all this action?

Admiral, I don't consider it settling.

Get yourself the proper uniform.

Sir?

Your insignia.

Get rid of that line officer star

and get yourself a JAG mill rinde.

You work for me now. Have a seat.

Thank you, sir.

I guess you'll want me to get started

on sentencing reports and pretrial motions.

Well, why the hell would I want to waste your talents

on such mundane assignments like that?

Sir, I just thought since I left your command...

that I would hold a grudge.

Commander, do you consider me

that petty and vindictive?

No, sir. Of course not.

I just thought a precedent had been set.

When Colonel MacKenzie left, you had her all but

swabbing the deck.

She left for the glamour of civilian life.

Hell, you went out and got yourself another D.F.C.

No. No, as a matter of fact

I have a nice little case for you right here.

Thank you, sir.

"Willful disobedience."

You'll, uh, defend.

Robert's second chair. Brumby's prosecuting.

I'll do my best, sir

Well...

I sure the hell hope so.

It's the SECNAV's son.

Welcome back, Commander.

That'll be all.

Sorry. Force of habit.

No worries, mate.

You're next door to Mac now.

Colonel.

Commander.

I was about to come see you.

They painted in here.

I could never get them to paint.

All in the way you ask, I guess.

Oh, by the way,

I understand you're defending Lieutenant Nelson.

That's right.

If you lose, Harm,

you'll always be known as the man

who let SECNAV's son go to prison.

Well, you'll be the guy who put him there, Brumby.

[ clicks tongue]

Whoa! Excuse me, ma'am.

Bud, you should really get some help with that.

Oh, I got it. Thank you.

Finish.

[ whispering]: Jordan, hey, it's Harm again.

I'm at the office now.

Give me a call.

I'd like to see you.

Okay, good-bye.

Colonel.

Out there, it's Colonel.

In here, it's Mac.

How's it feel being back?

Like I left yesterday...

and I've been gone a hundred years.

Yeah, I know the feeling.

Except, you know, when I came back

I was condemned to writing mindless motions for a month.

Now you're the admiral's chief of staff.

Well, not officially.

Are you free for lunch?

Brumby and I are going to grab a bite.

Bud and I have to go to Norfolk.

Well, maybe another time.

Sure.

Sorry again about the office, Bud.

Oh, hey, if I had to lose it to somebody

I'm glad it was you, sir.

You know, I never thought

I'd see you back here at JAG,

let alone work a case with me.

I understand you've become quite a litigator.

Oh, you know, got lucky.

Won a few cases.

Well, I hear you kicked Brumby's butt

once or twice.

Yes, sir. Kind of like...

You kicked mine before I left?

Well, sort of, sir. Yes, sir.

We were hooked up to the oiler,

taking on fuel, and I had the conn.

But refueling's always tricky, sir,

especially in heavy seas.

All the way down to the cleats, McWilliams!

I'm sorry, sir.

My office is full of tarps.

I have to get this painting detail completed.

No problem.

Anyway, you have to maintain position

relative to the supply ship;

too close, you collide

and too far, you break the fuel lines.

The deck log says that Seaman Rivera made

an error at the helm?

Yes, sir. He misdialed a speed adjustment

but I caught it in time.

He was shook up, but he would have been okay.

Then the wind shifted

and a swell pushed us towards the oiler.

Commander Burke ordered emergency breakaway.

One of the fuel lines broke, whipped across the deck

and hit a linesman.

Then Commander Burke held a captain's mast.

[ scoffs]

It was no captain's mast, sir.

It was arbitrary punishment.

Commander Burke is a highly regarded officer, Lieutenant.

Whom I respected till I served under him for a few weeks.

What changed your mind?

The way he treated me.

He was on my tail from the get-go.

But did he treat you different than the other junior officers?

He rode them all pretty hard, too, sir.

But he was especially tough on you.

I know I have a lot to learn, sir,

and the skipper demands perfection.

I can deal with that.

I grew up dealing with that,

but he went over the line with me.

How?

Constant fault-finding, rebukes in front of the crew,

verbal abuse. "Verbal abuse"?

As deck division officer,

I have 20 men and women working under me.

How can they respect a boss

whose C.O. Is always chipping at him?

Lieutenant, do you think that your father's position has

anything to do with Commander Burke's treatment of you?

No. Why would it?

Maybe Commander Burke is holding a grudge.

I suppose,

it's possible.

A lot of people have a grudge against my father.

Rabb: Good morning, gunny.

Good morning, sir.

Look, this is a long shot,

but have you ever served aboard a ship

with Commander Wallace Burke?

I can't say that I have, sir,

but I'm sure if I ask around,

I could find someone who did.

Do that, will you?

Aye, sir. Thank you.

By the way, sir, this message came for you.

Thanks.

Uh, gunny, I'm going

to need transportation this afternoon.

Thank you.

Yes, sir.

What are the chances

of this going to trial, Commander?

Excellent, sir.

Considering your son waived his rights

to an Article 32 hearing.

[ groans]

And the chances of acquittal?

Not so excellent, sir.

That bad, huh?

Your son did disobey a direct order, Mr. Secretary.

You'll try to prove that the order was unlawful, of course?

That is the customary defense, yes, sir.

Well, and, if successful,

that'd be a black mark against Commander Burke?

Yes, sir. That's a good chance.

That would be unfortunate.

Burke's a good officer.

Well, it appears that way.

I'm a political appointee.

Not very popular with the officers.

Don't disagree so fast.

Everyone will bend over backwards to avoid

any appearance of undue command influence.

My position could actually hurt my son.

This can't go to trial, for the good of the Navy.

"The good of the Navy," sir?

And of allconcerned.

Maybe you should be talking

to Commander Brumby, Mr. Secretary.

I have. Now I'm talking to you.

Find some way to settle this.

Is that an order, sir?

No, Commander.

It's a request from a father.

Lieutenant called for 120 rpm.

I dialed 130 by mistake.

So that would have you going faster than you wanted to be.

Yes, sir, by about two knots.

But Lieutenant Nelson caught it.

Oh, immediately, sir.

But then I didn't hear the next course correction.

I messed up real bad, Lieutenant.

From what I hear, you never messed up before.

So what happened?

I was rattled, sir.

It was almost as if he was waiting for me to foul up.

Commander Burke?

Well, don't get me wrong, sir.

I mean, the skipper's tough, but he's usually fair. Only...

Can I talk off the record, sir?

MAN [ over P.A.]: Anchor Detail, report to deck, section two.

Anchor Detail, report to deck, section two.

Scuttlebutt was that the commander

had it in for Lieutenant Nelson.

So he punished you to get to the lieutenant?

He never punished me.

Three days bread and water?

Suspended that night.

BURKE: It's easy following

orders we like.

Unfortunately, we don't always have that luxury.

Sir, I'm sure Lieutenant Nelson...

Lieutenant Nelson had an attitude from day one.

He needed taking down a peg.

Teaching a young officer humility is one thing, sir--

destroying his career is something else.

I'm not out to destroy anyone's career, Commander.

If this case goes to court-martial, Commander,

his career is over.

He should have thought of that

before he defied me on my own bridge.

He's lucky I didn't charge him with mutiny.

Commander, is a court-martial

really in the Navy's best interest?

Is this where you play your trump card?

Excuse me?

Oh, come on, Commander.

We both know what this would mean

to my future in the Navy, going after SECNAV's son.

I can assure you the SECNAV

has no intention of getting involved, Commander.

But I will say this--

it is in everybody's best interest

if we come to some sort of an agreement.

Uh-huh.

You mean a plea bargain.

Would you consider a plea bargain?

I'll go you one better.

I'll withdraw all charges

and return Lieutenant Nelson to duty.

In exchange for?

He admits he was wrong and apologizes to me publicly.

No, sir. Absolutely not.

The commander is making a concession, Lieutenant.

Why don't you think about it?

I could think about it for a year, sir.

It wouldn't make a difference.

It would make a difference to your future in the Navy.

ROBERTS: Apologizing would be the sensible thing to do.

And expedient, but it wouldn't be right.

Seaman Rivera's punishment was suspended.

He's already back on duty.

Well, that only proves Burke was really after me.

Don't you get it?

He never intended to punish Rivera.

He only wanted to humiliate me.

But why?

Why does any tyrant abuse his power? Because he can.

Let's go easy on the labels, Lieutenant.

You don't know what it's like, sir.

Constantly being criticized.

I mean, no matter how hard you try,

your best is never enough.

I'm not a loser, sir, but he makes me feel like one.

Sounds like my father.

If you were in my place, Commander, would you apologize?

I would try to find a way, Lieutenant.

Well, I can't, sir.

It's a matter of principle.

Principle or payback?

MACKENZIE: The past six months,

I've lived like Mother Teresa.

And then the admiral decided I was no longer a disgrace

to JAG, the Marine Corps or myself,

so he renewed his recommendation for accelerated promotion

and the board deep-selected me.

I'm sure the way you handled

the anthrax courts-martial

had something to do with it.

Or the way I handled

the many other cases you left me.

Sorry.

What about you?

You find what you were looking for

out there in the wild blue yonder?

Yeah.

Eight years too late.

Not much of a career left for me

in aviation at this point.

Yeah, but you knew that before you went back.

Well, maybe I thought I could beat the odds.

So what's next?

JAG.

Guess I had to leave to...

well, you know... to figure out how much I like this place.

BRUMBY: Colonel.

Commander.

Brumby, have a seat.

I'd love to, but I can't stay.

Uh, I had an interesting chat with Commander Burke.

You know he's willing to drop the charges?

Yeah, we're not interested.

Well, why in the bloody hell not?

We don't like the conditions.

Well, is that your client's position or yours?

My client's position is my position.

Okay.

I'll see you in court, mate.

Colonel.

It's under control.

Yeah.

[ knocking]

I've been calling you.

I know.

Come in.

How long have you been back?

Since I've been calling you.

You don't return phone calls?

I'm here now.

I was just going to make some tea.

Oh, no, thanks.

I can't stay long.

Jordan, I know that it ended badly,

but we had a great thing going.

We did.

Okay, dealing with my obsessions

couldn't have been easy, I realize.

I deal with obsessions every day.

It's my job, remember?

And being with me isn't supposed to be like work, right?

I didn't mind that.

What I did mind was being shut out.

All the time you were thinking of going back to flying

and you never told me.

Is that so hard to forgive?

It's not a matter of forgiving.

You can't help who you are

and I don't want to change you.

Well, maybe a little.

Then where's the problem?

I've got orders to Spain.

That's what I came to tell you.

You could have told me that over the phone.

I don't want you on the rebound from an F-14.

That's not fair to either of us, Jordan.

Maybe when I get back from Spain.

Don't leave.

Commander Rabb. I'm still looking

but I've got some skinny on Commander Burke.

What'd you find?

There's no complaints on record about him, sir,

but the man's a hardass, all right.

Each cruise, he picks a junior officer

as a special project and makes their life hell.

Any particular qualifications for this honor?

No, none, sir.

Minorities and women are not exempt.

An equal opportunity hardass, huh?

That's right, sir.

He finds fault with them, humiliates them

and then right as they're reaching their breaking point,

he cuts them some slack.

Except Lieutenant Nelson was the lucky one this time.

There was a betting pool going on in the chiefs' mess

about when the lieutenant would crack.

Not if, sir, when.

Thanks, gunny.

Aye, sir.

The admiral said to go straight in, sir.

Not until you hear from me.

Well, that was the chief of information.

We're getting requests from the media

to attend Lieutenant Nelson's court-martial.

That's not surprising

considering the defendant's lineage.

This is rapidly approaching a spectacle.

I don't like spectacles.

BRUMBY: If I may, Admiral,

we can dispose of this case easily

if Commander Rabb will persuade his client

to budge off his foolish position.

Well, as usual, sir, Commander Brumby

has hit the nail squarely on his thumb.

My client will not apologize for acting honorably.

Disobeying a direct order in front of six witnesses--

you call that honorable?

If the order is unlawful...

The captain is entitled to discipline...

Even at sea, a captain...

[ both arguing]

Admiral, I don't see a settlement here.

I see a battle of wills

between two pig-headed sailors.

Referring of course

to Lieutenant Nelson and Commander Burke.

RABB: Well, there is one thing we agree on, sir.

What is that, Commander?

There will be a trial.

What happened then, Lieutenant Gold?

Seaman Rivera made an error dialing in a speed change.

Lieutenant Nelson corrected him.

Rivera then missed a course correction.

I'm sorry, you're saying,

Seaman Rivera made two errors back to back?

Correct?

Yes, sir. Then a swell caught us

and carried us toward the oiler.

Was there a danger of a collision?

Oh, there was. Yes, sir.

Commander Burke ordered an emergency breakaway.

In the process, a fuel line disconnected

and hit a sailor in the face.

He suffered a dislocated jaw and a broken nose.

So did the helmsman's

two errors contribute to the mishap?

Objection. Calls for an opinion.

Your Honor, as officer of the deck and navigator

the witness is highly qualified

to offer opinions on seamanship.

Objection overruled.

You may answer the question, Lieutenant.

I think they could have contributed, yes, sir.

Then was a captain's mast warranted?

Yes, sir. I suppose it was.

Thank you.

Your witness.

You say that the captain's mast was warranted,

but was it conducted properly?

I can't say.

You werethere, weren't you?

Yes, but I had the conn.

I was focused on steering the ship.

I see.

Is Lieutenant Nelson a competent ship-handler?

I'd say so, yes.

Capable of coping with the types of errors made by Seaman Rivera?

He wascoping with them.

So he could have prevented a collision

had Commander Burke not intervened.

In my opinion, he probably could have, yes.

Then Commander Burke's intervention

was premature, was it not?

The hasty reaction of a fretful

and impulsive man.

I object, Your Honor.

Sidebar.

We'll lay the ground rules right here, gentlemen.

I will not permit innuendo or unfounded allegations

against commanding officers in my court.

Sir, our entire defense is predicated

on the unlawfulness of the order.

Then pursue the order, Commander,

not the man.

Is that clear?

Lieutenant?

Yes, sir.

Very clear, sir.

Perfectly clear, Your Honor.

Very well. Step back.

Objection sustained.

Move on, Bud.

But, sir, if I can show Burke acted impetuously...

Lieutenant, move on.

Petty Officer Botts, as Boatswain's Mate of the Watch,

you're in a position to observe bridge activity, are you not?

Usually. Yes, sir.

Were you able to observe

the so-called captain's mast on the night of...

I object, sir.

Sustained.

Rephrase, Lieutenant.

Yes, sir.

Were you in a position to observe

any non-judicial punishment on the bridge

the night of the incident?

Not real closely, sir.

I had the helm and that took all my attention.

ROBERTS: I see. Petty Officer Botts,

Have you ever witnessed

any deficiency in Lieutenant Nelson's

performance of his duties?

No. [ clearing throat]

sir, I have not. Uh... Lieutenant Nelson's

a fine officer.

I'd be proud to serve under him anytime.

Thank you.

No further questions.

You understand Lieutenant Nelson

is not on trial for deficient performance

but for disobeying an order, correct?

Yes, sir, I understand that.

Good.

By the way, who's responsible

for training and supervising Seaman Rivera?

The deck division officer

supervises the helmsman, sir.

And who has that billet aboard the USS Ellyson?

Lieutenant Nelson, sir.

Thank you.

SECNAV: When you go before the committee Friday,

look out for Congresswoman Latham.

Mr. Secretary, I always look out

for Congresswoman Latham.

If there's nothing else, sir?

Uh, just one more thing, A.J...

Unofficially...

how does it look?

Bottom line? Yeah.

It's your son's word against Commander Burke.

Members will side with Burke.

Well, I would.

Have you, uh, have you talked to Brian?

No, the White House wants me to keep my distance

to avoid "the appearance of impropriety."

The hell with the White House, Mr. Secretary.

This is your son.

Talk to Brian, ask him to apologize.

Actually, Brian and I don't talk much.

We haven't for some time.

Well, my, uh... my daughter

was angry at me for years after I left her mother.

I demanded excellence in everything Brian did.

I even took him off the baseball team

because he...

failed to get straight A's.

I pushed so hard, eventually I pushed him away.

So far away he won't come back?

Well, sir...

[ sighs]

Nobody holds a grudge like our own children.

He's a good boy, A.J.

BURKE: He was arrogant, fractious

and unable to handle constructive criticism.

Did you counsel him, Commander?

Absolutely. I take a personal interest

in all my officers, and I set about correcting

what I considered to be a serious leadership problem.

How so, sir?

By not letting him get away with anything.

I was determined to tear down his shell

of conceit and turn him into a leader.

Take the night of the incident.

When performing intricate maneuvers,

a rhythm develops

between conn and helm that requires intense focus.

Seaman Rivera had lost his focus.

I set about imposing punishment.

But you ordered Lieutenant Nelson to lock him up.

Correct.

Why not wait for the master-at-arms?

I was teaching Lieutenant Nelson

he was responsible for disciplining his men.

And what did Lieutenant Nelson do

when you issued that order, sir?

He refused to obey it.

Thank you.

Your witness.

Commander Burke, I have

Lieutenant Nelson's fitness reports

from his two previous commands.

Defense exhibit "A," sir.

These fitreps show Lieutenant Nelson

to be an exemplary officer in every regard.

Can you explain, sir, his high marks with two previous C.O.s

and yet his dismal failure with you?

I can't speak for other C.O.s.

I can only speak for myself.

Well, then, sir, speaking for yourself,

can you tell us why you decided to discipline Seaman Rivera

without due process?

There wasdue process.

I held a captain's mast.

RABB: Did you inform him of his rights, sir?

[ snorts]

Which particular rights were you referring to?

The rights to be informed of his offenses, to remain silent,

to examine evidence,

to have a spokesperson present, to produce witnesses,

to submit written reports...

SEBRING: We get your point, Commander.

Let him answer.

Seaman Rivera knew of his offense

because he had just committed it.

I offered him a chance to speak

and he chose to remain silent.

Witnesses? All present, including myself,

and as for a spokesperson,

who better than Lieutenant Nelson?

I violated no one's rights.

You know, he made me look like a, a...

an ill-mannered schoolboy.

I thought you were a good lawyer, sir.

I'm... I thought you fought for your clients.

I amfighting for you, Lieutenant.

By debating legal technicalities?

Why didn't you go after him, Commander?

Lieutenant...

Are you afraid of him, sir?

Is that it?

Now you areacting like an ill-mannered schoolboy.

Hello, Commander.

Sir.

Uh... hello, Brian.

Uh... it was my idea to come here.

We'll leave you two alone.

No.

Please... stay.

I thought we could discuss your situation.

Maybe find an amicable solution.

Meaning I messed up and I should apologize.

I didn't say that.

What, then? You wouldn't be here without a reason.

Are you getting some heat from above?

Just once in your life, Brian,

can you assume I have your best interest at heart?

Well, short of getting me a presidential pardon,

I don't see what you can do for me, sir.

Well, I can tell you I'm proud of you for taking a stand

and doing what you believe is right.

But there is a fine line

between integrity and intransigence.

You do want me to apologize?

Yes. Not for me, for you.

Commander Burke has suspended

the helmsman's punishment.

You've achieved your objective.

There's no reason

to continue this.

You know, for one second,

I believed that you really came here to support me.

Lieutenant, he's reaching out.

The least you could do is listen.

When I lived under his roof, I hadto listen.

I don't have to now.

Will that be all, Commander?

Excuse me.

Commander.

The information you requested.

It's pretty interesting, sir.

Thanks, gunny.

The old Harm would have gone for Burke's jugular.

Not you, too.

It was tense on the bridge, Commander Burke.

Things moved quickly. Maybe you acted hastily.

Come on, Harm, you know how to do it.

Oh, the media would love that.

"Ship's Captain Rattled During Emergency.

Blames Junior Officer."

You're supposed to be worrying about your client's image,

not Commander Burke's.

Look, if we're going to make the law our lives,

we have two choices-- respect it or manipulate it.

Your client still takes priority.

If you can't see that, I can recommend Bud

take over the case.

Well, that won't be necessary, Colonel,

but just so we're clear,

I will not destroy one good man to save another man.

Not while there are alternatives.

And when the alternatives run out, Commander?

RABB: Lieutenant Nelson, did you disobey

Commander Burke's order

to escort Seaman Rivera to the lockup?

Yes, sir. With great regret.

Why?

Well, I felt the order was unlawful.

Seaman Rivera was denied due process.

Commander Burke held a captain's mast, didn't he?

It was not a fair hearing, sir.

Why not?

Seaman Rivera wasn't allowed time

to prepare a defense.

Commander Burke just declared him

negligent and sentenced him on the spot.

It was the law according to Burke.

But aboard ship, Lieutenant,

the captain's word islaw, isn't it?

Yes, sir.

But there must be accountability.

He punished a sailor for an honest error

to teach me a lesson.

That was wrong.

Do you have any legal training, Lieutenant?

Yes, sir. I took a class at the Naval Academy-- NL-400.

NL-400.

And how much of that course

dealt with non-judicial punishment?

I believe one lecture, sir.

One whole lecture.

Well, I can certainly see why you consider yourself an expert.

I was raised to know the difference between right and wrong, sir.

I'm sorry we all didn't have the benefit

of your special upbringing, Lieutenant.

Objection.

Withdrawn.

Commander Burke circumvented proper procedure, sir.

Did he?

And did you follow proper procedure

on Commander Burke's ruling?

For example, did you send

an appeal to the commodore through the proper

chain of command?

No, sir. There wasn't time.

So circumventing proper procedure is okay as long you're

the one doing it, isn't that correct, Lieutenant?

Your Honor, the counsel is badgering the witness.

I'm through with the witness, Your Honor.

Redirect?

No, sir.

We will adjourn until 0900 tomorrow.

[ knock at door]

Mr. Secretary.

You were expecting someone?

Uh, no, sir.

Please come in.

Have a seat, sir.

I won't stay long.

I have some information for you, uh...

how you use it is your business.

Yes, sir?

Shortly after Brian was assigned to the Ellyson,

I ran into Commander Burke at the Pentagon.

I mentioned my son would be serving under him.

I asked him not to show any favoritism.

I think my exact words were: "See what he's made of."

You meant that as an order, sir?

Not intentionally.

But if you can show that Burke took it as such,

the members can rule that his order was unlawful,

yet it takes Burke off the hook.

Puts you on it, sir.

Would you be willing to testify?

Yes.

You could be accused of impropriety, sir.

As I said, use the information as you see fit.

Good night, Commander.

Good night, sir.

Commander Rabb, do you wish to call any more witnesses?

Yes, sir.

The defense recalls Commander Burke.

BAILIFF: Commander Burke!

SEBRING: Commander Burke, I remind you...

you are still under oath.

Yes, sir.

This won't take long, sir.

We know you have a ship to command.

Take all the time you need, Commander.

Well, thank you, sir.

Have you ever conducted a captain's mast

aboard the bridge before, sir?

No.

But I'd hold a captain's mast in the head

if I felt the situation warranted it.

Because it's yourship, isn't it, sir?

That's right, Commander.

It's myship.

Now, sir, during your deployment to the Adriatic

in the fall of '97, you placed three sailors

on bread and water confinement

for beating up a fellow shipmate, correct?

Uh... that's right.

Um... it was a hazing incident.

The victim refused to identify his assailants.

But you told the assailants

that the victim hadidentified them.

Correct.

You see, what I was trying...

You lied. I object, sir.

Approach.

I warned you,

I would not tolerate character assassination.

That was not my intention, sir.

You accused Commander Burke of lying.

Sir, under RCN-608,

the character of a witness may be attacked

if probative of untruthfulness.

Your Honor, this is a desperate attempt

to discredit a good officer.

RABB: My intention, sir, is to show Commander Burke

had a hidden motive issuing his order to Lieutenant Nelson.

By referring to an unrelated incident from two years ago.

Where's the relevance?

It goes to pattern of behavior.

Sir, my client is entitled to a thorough defense

and I respectfully suggest

the purpose of this court-martial is to seek justice,

not protect Commander Burke.

I know the purpose of this court-martial.

And if you everspeak to me that way again...

I'll throw you out of my court.

Understood?

Yes, sir.

Objection sustained.

Commander Burke, why did you

suspend Seaman Rivera's sentence?

Because he came to me afterward and apologized...

like a man.

Well, could it be, sir,

that you regretted a decision you had made

in the heat of the moment?

A heat of the moment is when a leader often makes decisions.

As an aviator, you should know that, Commander.

It is also when he most requires loyalty.

If I can't rely on my officers

at all times, I don't want them around.

Now, sir, you also offered to withdraw charges

and reinstate lieutenant nelson to full duty

if he apologized, isn't that correct?

I'm not a vindictive man.

So then, his alleged

offenses could not have been that serious to you, sir,

if a simple apology would've cleared them.

It was veryserious.

But if he expresses

true remorse and persuades me

that he's learned

from his mistake, yes, I would clear him.

But I'm afraid Lieutenant Nelson is too arrogant for that.

Regimental commander his senior year at Annapolis.

Outstanding fitreps. Good ship-handler.

Popular with the crew.

Why is it, sir,

Lieutenant Nelson is liked by everybody but you?

A leader doesn't need to be liked.

A leader needs to be respected and obeyed.

The men didn't obey Lieutenant Nelson, sir?

Sure they did.

Because he coddled them.

That only works to a point.

I teach my officers

discipline is the soul of the Navy.

So that's why you ordered Lieutenant Nelson

to lock up Seaman Rivera-- to teach him discipline.

Yes, as I said.

Except your plan backfired this time, didn't it, sir?

Nothing backfired.

Lieutenant Nelson disobeyed your orders, sir.

You couldn't have foreseen that.

Sure I did.

It's his character flaw.

He's too damn concerned with being liked.

Come on, Commander,

you knew Lieutenant Nelson

would refuse to lock up Seaman Rivera.

Knowing Lieutenant Nelson,

I figured there was a good chance of it.

And you issued the order, anyway?

Of course.

So you manipulated him into disobeying an order.

Wh-- what? No!

When I issue an order,

I expect it to be carried out.

You just said that you didn't.

You... twisted my words.

Your words are crystal clear, Commander.

You intentionally provoked Lieutenant Nelson

into disobeying your order

for the sole purpose of punishing him later.

That makes your order unlawful, doesn't it, sir?

[ clears throat]

Lieutenant Nelson,

would you and your counsel please rise?

SEBRING: Captain Packard...

would you announce the finding, please?

Lieutenant Nelson, this court-martial finds you guilty

of the charge and specification.

SEBRING: This court-martial is adjourned.

First sentencing will start tomorrow...

[reporters shouting]

No comment.

We'll fight confinement.

I can kiss my career good-bye.

Nice job, Commander Rabb.

You almost had me rattled in there.

Well, I hope you know, Commander,

it was nothing personal.

You know, sir, you can still get this guilty verdict disapproved.

That's up to him.

Do you have something to say to me, son?

Yes, sir.

I-- I would...

I would've made a good officer.

So he wins.

No, Lieutenant.

You lose.

[ theme music playing]