All language subtitles for JAG S09E08 Posse Comitatus 1080p AMZN WEB-DL DDP2 0 H 264-BurCyg_track3_[eng]

[ gunfire and glass shattering ]

I repeat, we need backup
and an ambulance ASAP!

[ indistinct woman
on the radio ]

Suspect is armed
with a fully automatic rifle

and may have
armor-piercing rounds!

Barclay! Barclay!

I need you
to let my deputy go, now!

Then get your men out of here,
and I'll let her go!

You know I can't do that,
Barclay.

Hang on, McInnis!

You just hang in there.

[ helicopter whirring ]

Damn it!

DRISKELL: What the hell
does he think he's doing?

Dispatch,
this is Sheriff Driskell.

I told you
to tell those jarheads...

[ gunshots ]

Get in there!

Get in there!

Dispatch,
this is Sheriff Driskell.

Get me the commanding general
at MCAS Yuma, now!

[ tense music playing ]

[ officers shouting ]

[ groaning ]

[ theme music playing ]

REPORTER:
Barclay Cale was a widower

who had farmed
this small piece of desert

for most
of his life.

Fifth time
I've seen it this morning.

It's all over the news.

You know what they say, sir,
"If it bleeds, it leads."

REPORTER: ...held off police

with a converted
automatic weapon.

The standoff sadly ended

when a Marine pilot
chose to act

as judge, jury and executioner.

We could have
taken him out alive.

No court in the land
would have given Cale

the death penalty
for what he'd done.

He hadn't killed anybody.

But that Marine pilot
took the law into his own hands.

REPORTER:
Barclay Cale inherited...

So, you see
the urgency

in resolving
this case?

Sir, what was
Major Tunney doing

so close
to a police standoff?

I don't know.

You should put that

in the top of your list
of questions, Colonel.

What do we know about
Barclay Cale, sir?

The Yuma County Sheriff

was attempting to arrest him
for tax evasion.

Property taxes on land
he had lost to his creditors.

Geared up for one last stand.

Opened fire on the deputies
as soon as they arrived.

Sir, it's illegal
for the military

to participate
in arrests, searches,

or police activity
on US soil,

which means that when the Marine
pilot killed Barclay Cale,

he violated
the Posse Comitatus Act.

Mayhave, Colonel.

Posse Comitatus
contains a lot of gray area.

Did the pilot feel
the circumstances

were exigent, sir?

Put that
on your list of questions.

Look, the, uh, Administration's

taking a lot of heat
for the Patriot Act.

The last thing they want
is the public worrying

about the Marines interfering
with domestic law enforcement.

That will be all.

-Aye, aye, sir.
-Aye, aye, sir.

[ sighs ]

[ soft music playing ]

Sir.

-Hi, good morning, Harriet.
Good morning.

Hey, Bud?

Hey, honey, listen to this.

"The pioneers

"of a warless world
are the youth

who refuse military service."

Whose case is that?

Albert Einstein.

I, I mean,
he said it.

Are you all right?

No. I got a call from
the Inspector General's office.

First time in three years.

They're calling you back
from temporary duty?

I don't know.

I have to report

to General Tillmann
at the Pentagon.

[ sighs ] Well, we always knew
there was a chance

that you'd have to leave JAG.

I guess I just tried
to ignore it.

Harriet, let's not panic
until we know for sure.

Why are you quoting Einstein?

Oh, I've been assigned
as the investigating officer

in the case of, uh, Lieutenant
Commander Justin Bentley.

The Navy paid for Commander
Bentley's medical education.

Now that his reserve unit
has been put on standby

for deployment
in Iraq,

he's claiming
conscientious objector status

and asking for separation

based on his beliefs
as a religious pacifist.

And you don't find
Commander Bentley is sincere?

Well, everybody finds war
objectionable,

but sometimes it's necessary.

So is standing by one's beliefs,
though, Bud.

[ soft music playing ]

PITTMAN:
Major Tunney is the real deal.

He flew combat missions
in Iraq and Afghanistan.

Hell, he's trained over half
the pilots on this base.

It's not his skills

that are at issue here,
Colonel Pittman.

It's his judgment.

I assume
you debriefed Major Tunney

after the incident.

Major Tunney was conducting
routine training.

He noticed the standoff
with the Sheriff's Department

and the wounded deputy
on the ground.

He believed he could assist
with emergency medical evac.

That's when Mr. Cale
opened fire on him.

Well, the Sheriff's
TV interviews

left that part out.

Did the Major seek authorization
before returning fire, Colonel?

He did. He was told
to hold his position

while we attempted to contact
the chain of command.

You told him
to hold his position,

or hold his fire?

Hold his position, Colonel.

I would never instruct a Marine
to hold fire

while he's taking
direct fire himself.

Why not just tell the Major
to leave the area?

Because the Major
explained to me

he thought
he could save some lives.

[ soft music playing ]

Sorry, I kept you waiting.

Oh, I'm used to waiting
for doctors, Commander.

Well, I see that you have
all the bells and whistles.

I'm not Amish,
Lieutenant.

Quakers respect
scientific advances.

We simply believe
they should be used

to elevate humankind,
not to kill.

Yeah,
as an investigating officer,

it concerns me that you came
to that conclusion

just as your reserve unit was
put on standby for activation.

I know the timing
seems convenient.

But the change in me came
last year when I got married.

The six years I spent
on active duty in the Navy,

Lieutenant, were difficult ones,
wondering if I was contributing

to the things
I was seeing on the news.

The guilt was overwhelming.

I see that you, uh, display

your Naval affiliation,
Commander.

Why?

To put my patients at ease.

You're part of the Navy
Preferred Plan.

Most of your patients are
military or military dependent.

Once you're a civilian,

are you going to leave
the pictures up?

That would be hypocrisy,
Lieutenant.

You think your clientele
will accept that?

I sincerely hope that they will,
Lieutenant.

[ helicopter whirring ]

MACKENZIE: Major,
were you doing flight training

with fully armed
weapons systems?

No, the 20 was loaded

with lead ball training rounds,
Colonel.

If I'd opened up
with explosive incendiary,

that barn
would be nothing but ashes.

Well, it's still
way too much firepower

for the task at hand.

Well, I heard over the radio
that he had a hostage,

So, I hovered low enough
to see where she was.

Looked like Cale
was training the gun on her,

so, I fired a micro-burst
at a shallow angle.

I was only gunning
for the bad guy, ma'am.

I'm sorry to hear
the female deputy

was hit by falling timber.

I was not looking
to participate in any

police action, Colonel.

I just wanted to help.

By opening up
with your 20-millimeter guns?

As I stated before, ma'am,
I was taking fire.

The guy was a lousy shot,

Commander, but you throw
enough ammo out there

and you're bound
to hit something.

Isn't the Cobra's cockpit

designed to withstand
small arms fire?

Yes, sir,
under optimal conditions,

but that doesn't mean
an armor-piercing round

couldn't penetrate
the windshield

or a seam
between the Noroc side panels.

We were afraid he'd take us down

right on top of the cops
on the ground.

So, you're telling me

you sincerely felt
your life was in danger?

What else could we do?

We were being fired upon.

I attempted to make a radio
contact with the sheriff,

but the dispatcher told me

that she was under orders
not to put me through.

What about
your operations duty manager?

Did you attempt to contact
anyone on base for orders?

Yes, ma'am.

I tried to get direction
from my squadron CO

through the duty manager,

but before Colonel Pittman
could get to me,

I started taking fire.

How many rounds did Barclay Cale
fire at you?

I really can't
say for sure.

But he did fire on you?

Oh, yes, ma'am.

Major, you know
what the Posse Comitatus Act is.

Can you honestly say

that your actions
weren't in violation?

I did what had to be done,
ma'am.

And no, I didn't believe
I was breaking any laws

by defending myself

or trying to save the lives
of those two deputies.

TILLMAN:
The Inspector General says

you've been a real
administrative whiz

over at JAG.

We were hoping

you'd want to help us out
for a while.

Am I being reassigned
to the Pentagon, sir?

Lieutenant Sims,

I'm retired
from the Marine Corps.

I'm with Armed Forces
Entertainment.

So, I'm not in a position
to reassign anybody.

Then, why...?

Biggest USO show of the year.

Baghdad, Christmas Eve.

You ever try to do

Personal Information forms
for celebrities?

The women won't give
their real birthdates.

The men won't give
their real heights.

Celebrities, sir?

We need travel documents
for 70 people.

Everybody from Garth Brooks

to the Dallas Cowboy
Cheerleaders.

Would I get to meet
Garth Brooks?

I would think so.

Now, there's
no extra money in it.

That's okay.

And wrangling
rock stars

is not for the timid.

Well, neither is working
for Admiral Chegwidden, sir.

I would love to do this.
[ chuckles ]

You find anything?

Colonel Pittman's
not the only one

who worships the ground
Major Tunney walks on. You?

Well, Tunney's former CO
doesn't feel the same way.

This is the final report

from a previous
Command inquiry.

Two years ago,
Major Tunney used his helicopter

to assist the San Diego Police

in apprehending a felon
during a police chase.

This isn't the first time
he's been investigated

for violating
the Posse Comitatus Act.

Looks like Major Tunney
thinks he's the Lone Ranger.

[ soft music playing ]

Medical help for McInnis
was already en route,

and with backup,
we could've taken care
of Barclay Cale, too.

That's our job,
not Major Tunney's.

He just wanted something
to shoot at.

Well, Major Tunney says

Barclay Cale shot first.

There were bullets
flying everywhere.

To be honest,

I can't call the man
a liar,

but I don't believe
that Major Tunney was under fire

at the time he opened fire
on Barclay Cale.

Now, Major Tunney said he tried
to make contact with you

at the scene, but your dispatch
wouldn't put him through.

-Because I told them not to.
-Why?

I was busy enough dealing
with one trigger-happy yahoo.

The last thing I wanted
was another.

Look, I've got two deputies
in the hospital,

and the one who's still
in intensive care

wasn't injured by the man
I was trying to arrest.

She was hurt
when your Marine

knocked half a barn down
on top of her.

A helicopter gunship
is not the right tool

to use in a hostage situation,
Commander.

This is Arizona,
not the damn Gaza Strip.

REVEREND:
...This the Lord says
and proves to you daily

by the example
of the community
of which you are part.

Find peace
in each other,

and pray unto the Lord,

for in the peace thereof
shall ye have peace.

We'll welcome
the newcomers.

Now, go with God.

Commander Turner.

This is Commander Turner.

He'll be representing me
at my hearing.

My wife...
Pleased to meet
you, ma'am.

Would you like some coffee,
Commander?

No, thank you.
Commander,

Reverend Ford.
Sir.

How much do you know
about the Society of Friends?

Mm, not a lot.
My father was a
Baptist minister.

I was raised
in that faith.

You know I can't take
an oath in court.

I wasn't aware
of that restriction.

Well, to swear
to tell the truth

under oath implies that
we lie the rest of the time.

Dr. Bentley can only affirm

that he will continue
to tell the truth.

I'll explain that
at the hearing.

It won't be a problem.

We would appreciate it

if you could make it clear
that my husband's actions

are not an indictment
of the United States.

He's asking for a separation
from the military

during a time of war,

when men and women are dying
in Iraq every day.

While I respect his right
to ask for a separation,

I can't guarantee
it won't damage his reputation.

Well, my personal character
isn't as important to me

as the Church's good name.

People could misinterpret
my intentions.

FORD:
Commander, Quakers
have a long record

of bravery and patriotism.

As abolitionists, we petitioned
against slave owners.

And fought to win women
the right to vote.

This is nothing new
for us.

Our religion has endured

two World Wars and Vietnam.

We have been called cowards
and Communists,

spat at in the streets,
and discriminated against.

Despite the vast
humanitarian efforts

we've offered our country
in times of war.

I can't comment
on anything beyond
the facts of the case.

My case, Commander,
is about more than facts.

It's about faith.

Faith is an intangible,
Commander.

I can't prove it in court,
and...

I'm not even sure
if I know what it is anymore.

[ soft music playing ]

How can you prove
what you can't see?

[ scoffs ]
We mere mortals
have to accept the fact

that we may not always know
the answers, Bud.

Well, as the
investigating officer,

I don't have to
know the answer.

If I can say with
51% conviction

that Commander Bentley's
beliefs are not sincere,

that's the report
I have to submit.

Do you think you resent
Commander Bentley

because of what's happened
to you?

When I was called to duty
in a combat zone,

I went without question.

And paid dearly for it.

But you fought to stay
in the Navy

because you believed that was
the right thing to do,

and apparently,
Commander Bentley
believes something different.

Don't you just think
it's a little bit strange

that, of all of the churches
in all of the world,

he decides to join one
that will give him CO status?

Maybe...

but do I think it's okay
to punish a man

who may be guilty of nothing
more than religious conviction?

No.

I don't.

Ooh, I got to go.

Now? Why?

I have to make
travel arrangements

for a diva who won't go
without her toy poodle,

and I have to explain
to a rapper

why he can't wear his ski cap
in his passport photos.

[ door closes ]

HARM:
Two incidents in two years

is a little more
than coincidental, Major.

Tell us about what happened
two years ago.

Well, I was stationed
at Camp Pendleton.

San Diego police were chasing
a guy doing 90

up the wrong side
of a divided highway,

so I went down low
in front of him.

I figured I'd scare him
into stopping.

Instead, he ran himself
off the road.

Yeah, and crashed into a tree
in someone's backyard

where, luckily,
kids weren't playing.

You can't hold a man responsible
for what didn't happen, Colonel.

In both cases,
I took action
that saved lives.

If that's illegal, lock me up.

I'm just not sure

I'm the right man
for the job, Admiral.

So, you can't find
any common ground

with Commander Bentley?

I don't think
so, sir.

Even though you had
the benefit

of being raised
by a minister?

Sir, I look
at my father

and I see his faith

for better or worse.

I don't see that when I look
at Commander Bentley.

Does your father know you're
turning your back on religion?

[ scoffs ]

I know the question's
a little out of line,

but I'm asking anyway.

Respectfully, sir,
I will represent the commander

to the best of my abilities,

but I can't say
in any good conscience

that I respect his actions.

Well... good lawyering
has nothing to do with feelings.

Dismissed.

STURGIS: Aye, aye, sir.

Sturgis?

You talk to your father lately?

Posse comitatus
prohibits the military

from participating in any effort

to execute or enforce the law
on US soil.

Technically.
The military, however,

can be used in certain
specific circumstances,

i.e. the Army lended
advisors and a tank

during the Waco standoff.

Yeah, and look how well
that turned out.

Well, but SEAL Team 6
and Delta Force

provided security
and surveillance
during the Olympics.

They also provided advisers
to the FBI and local police

during the hunt
for the DC sniper.

Says who?

I have my sources.

Right, I forgot.

You went to the dark side.

The military can
be used in cases

involving biological, chemical,
and nuclear weapons.

Only with the approval
of the Attorney General,

and Barclay Cale didn't have
any nukes parked in his barn.

The Marine Corps
was brought in
to corner the LA riots.

Military can be used
to suppress insurrections
against the government.

Now, the hostage
standoff began

when Mr. Cale refused
to pay his income tax.

One could argue this was
at least the beginning
of an insurrection.

Wrong. Barclay Cale
wasn't trying

to overthrow
the government.

He was a man
with nothing to lose,

just trying to keep
some dignity.

He went about it
the wrong way.

You really love this,
don't you?

What, arguing with you?

Yeah. The investigations,
the interviews,

and yes, our arguments.

I'm beginning to understand
why you came back.

You need JAG just as much
as JAG needs you.

What about you?

You glad to have me back?

[ phone rings ]

Lieutenant Colonel Mackenzie.

Yes, absolutely. Thank you.

That was the Yuma
County Hospital.

Deputy Linda Foyo
is out of intensive care.

[ soft music playing ]

What happened before
you were injured
in the shootout?

Did Barclay Cale fire
on the helicopter?

He was firing,
but he had stopped

by the time
the chopper fired at us.

Look, Barclay Cale
was a sad, stubborn old man

who deserved to do life
in prison,

but if there's one thing
he knew, it was weapons.

When that helo showed up,

he knew he couldn't shoot
his way out.

So you... you're telling us

that the Marine helicopter's
presence was helpful?

Not in the way that you mean.

I mean, it, it helped me talk
Barclay into giving himself up,

which he was about to do
before that pilot opened fire.

You're sure he was going
to give himself up?

Colonel... Barclay Cale
was a vet.

Caught the tail end of Vietnam.

He knew better
than to take on a Cobra.

Why am I not surprised?

Hell, the two of you agreeing

that would be a surprise.

Admiral, given the
highly public nature
of the incident,

I think not going forward
with an Article 32

would invite accusations
of a cover-up.

So you're recommending

that we proceed to head off
conspiracy theorists?

No, sir.

I believe Major Tunney
is in clear violation

of the Posse Comitatus Act,

and therefore Article 92
of the UCMJ,

failure to obey a direct order
or regulation.

Admiral, Major Tunney

is an experienced
and dedicated Marine pilot

who was taking fire and did
what he felt he had to to save

the numerous lives
of law enforcement agents

on the ground.

Well, if the Convening Authority
sends this to an Article 32,

we know who'll prosecute
and who'll defend.

It would seem so, sir.

Yes, sir.

Uh, Admiral, the Marine Air Base
is off-limits to the public,

so, in the interest
of transparency,

the county has volunteered
its library as a hearing site.

Military History section,
no doubt.

The outcome of this case

could affect a lot more
than one Major's freedom.

POLICE OFFICER: I couldn't have
been any more clear, Colonel.

My dispatcher told Major Tunney

we didn't want or need
any help from the Marines,

especially not in the form
of a Super Cobra

designed for taking out tanks.

Even though you were
facing a gunman

whose automatic weapon

was loaded
with SS-109 rounds?

Colonel, half the street gangs
in Yuma have automatic weapons.

I'm sure more than a few
are loaded with AP rounds.

Should I call the Marines
every time we raid a drug house?

Your Honor, I'd like
that testimony stricken
from the record,

unless I'm going to be allowed
to answer that question.

So ordered.

Sir, would you please refrain

from answering a question
with a question?

Yes, Your Honor.

Sheriff,

besides the fact
that it's illegal,

was there any other reason
that you refused

Major Tunney's offer
of assistance?

Barclay Cale was one of us.

I'd known the man for 20 years,

and although he'd been shooting,
he was still talking.

A peaceful surrender
was still on the table...

until Major Tunney

unleashed his
cannon rounds.

The Marines are simply
not trained or equipped

to handle
civilian law enforcement.

On what do you base that?

Four years I spent
in the Marine Corps,

and the 15 years I've spent

in the Yuma County
Sheriff's Department.

Nothing further,
Your Honor.

[ gloomy music playing ]

RABB: Sheriff, when you
and your deputies

arrived at the Cale ranch
to arrest Barclay Cale,

were any of your deputies
wearing body armor?

They were all
wearing vests,

but when Deputy McInnis
went down,

we realized Cale
was using SS-109 rounds.

What about the squad cars
you arrived in?

Were any of these armored

or ballistically reinforced
to any degree?

No.
So then despite
your extensive

law enforcement training,

the instant Barclay Cale
chose fight over flight,

you and your men
became helpless?

We didn't choose to shoot it out
like it's the OK Corral,

but that doesn't mean
we were helpless.

We were waiting for backup.

Well, I assume it wasn't
part of your plan

to have one deputy shot
and another taken hostage?

Objection.
Argumentative and irrelevant.

Your Honor,
the witness has testified

that my client's actions
were unnecessary,

and I'm trying to elicit
testimony to the contrary.

Overruled.

But make your point, Counselor,
and move on.

Sheriff Driskell...

things weren't going well.

You were sitting,
waiting for backup.

Must have been feeling helpless.

Not enough
to call in the Marines.

That'll be all, Your Honor.

[ soft music playing ]

Hey, Pop.

Yeah, it's good to see you, son.

Thanks for coming by.

Have a seat.

Thank you.

Sorry it's been so long
since I called you.

Yeah, well, I read the file
that you faxed me

on the conscientious
objector case.

Do you have
a gut feeling about him?

I'm just finding it hard
to believe

that a sudden religious epiphany

would cause someone
to change his whole life.

I've seen it happen before, son.

You have, too,
when you were a boy.

But you know I spent hours
in church,

listening to the testimony
of those "saved souls,"

Dad, but...

are their lives really changed?

Or do they just fall back
into the same rut,

the futility of...

trying to hold onto something
in this world?

I don't think it's this world
that they're worried about, son.

So, why'd you call me?

To help me win the case.

You've never needed
my help before.

ALBERT:
Chaplain?

Oh, I was on my way
to see you, Admiral.

ALBERT: Keep your seat.
Good to see you.

Any words
of wisdom for me?

Absolutely, sir.

Treat my son well, and you
will be rewarded in heaven.

[ laughs ]

Well, I will remember that

the next time
the Commander shows

his stubborn streak.

You need me to help you
straighten him out some?

Well, I think
he's straight enough already.

Should I leave so you two
can talk about me?

If you don't mind.

Hi, this is Lieutenant Sims.

I'm working with the USO.

Hi, hi.

I'm compiling
the Personal Information forms

for the Baghdad tour.

[ laughs ]

No, sir, you may not
bring your 30-aught-six.

If feel the need to fight off
the Fedayeen,

I'm sure the Marine Corps
will have your back.

IceBerg is not the name
your parents gave you,

and I will not put that on your
passport application, young man.

Isaac.

Thank you.

Schulberg, okay.

No, Ma'am, the MREs do not

include hydroponically-grown
organic vegetables.

Maybe the Baghdad Hilton
has a salad bar.

[ clicks ]

Hello?

This hearing
is to determine the status

of Lieutenant Commander
Justin Bentley.

Commander, on what grounds

do you seek separation
from the Naval Reserves?

On grounds of conscientious
objection to military service.

And did your counsel
explain to you

that you bear the burden
of proof in this proceeding?

Yes.

And that your beliefs

must be "honest, sincere,
and deeply held?"

Yes.

All right, Commander.
We can proceed.

Does your client wish

to make a statement
for the record?

Not at this time, Lieutenant.

Instead I'd like
to call an expert witness.

I served as a Navy chaplain
in both Korea and Vietnam.

Did you come into contact
with conscientious objectors,
Chaplain Turner?

Yes.

And who were these men?

Sailors and Marines
who'd become repulsed

at the undeniable
horror of war.

They'd become convinced

that no objective
was worth the cost.

So many of them sought out
their chaplain.

What would you do
for them, Chaplain?

If they were just scared,
I would refer them

for psychological help.

But if I found
they were truly,

spiritually troubled,

I attempted
to have them reassigned.

Have you spoken
to Commander Bentley
about his beliefs?

At length.

And in your view,
is he truly
spiritually troubled?

Commander Bentley has immersed
himself in the Quaker way

ever since his
marriage last year.

He attends a meeting
once a week

and has studied
the Peace Testimony extensively.

I am convinced
that his pacifism

and his religious conversion

are sincere.

How do people have these
sudden awakenings, Chaplain?

Do they hear the voice of God?

People have
a variety of experiences.

God comes to some of us
in our dreams,

or in the voice
of a small child.

In the things we see every day,
the people we meet,

the decisions
we have to make.

Thank you, Chaplain.

You just have to be open to Him,
Commander.

Again, thank you, Chaplain.

Chaplain Turner,

it appears to me that
Commander Bentley's

spiritual searching
took place

after it was clear that we
might be going to war in Iraq.

This war, like all wars,

has made a lot of us do
some soul-searching, Lieutenant.

Or maybe
he's been attending meetings

and studying Peace Testimony
as a strategy

to build up his case.

I don't believe
that's the situation.

Do you believe it's possible
to look into a man's heart?

Not with surgical precision,

but I'd like to think
that I'm better at it than most.

Chaplain, I have no doubt

that Commander Bentley
hates war.

But I would imagine
that you do, too.

And yet, you've been able
to serve your country in uniform

for nearly half a century.

I found honor
in providing solace

to those who fought, Lieutenant.

And comfort
to the wounded

and dying.

Deputy Foyo,
do you believe

that Major Tunney saved your
life by killing Barclay Cale?

I do not.

I was making headway
with Barclay.

The guy went to high school
with my father.

I had talked him
into dropping the gun.

Thank you.

Nothing further.

Commander?

Deputy Foyo.

Didn't Barclay Cale
take your radio

to prevent you
from communicating

with the other officers?

Yes.

Well, then there's
no way that anybody

but you would know
that Barclay Cale

was ready to give himself up and
surrender his weapon, is there?

You weren't there, Commander.
This man knew me.

That didn't prevent him
from taking you hostage,

restraining you
with your own handcuffs,

and holding you at gunpoint,
did it?

No.

It doesn't sound to me like

the Barclay Cale
you were in the barn with

is the same Barclay Cale
you grew up knowing, Deputy.

Now isn't
it possible...

in all the confusion--

the wind from the rotor blades,
the noise that...

you're not exactly sure who
Barclay Cale was shooting at?

[ gunfire ]

Barclay,

please don't do this.

None of us wants to hurt you.

DEPUTY FOYO:
Just come out with me.

Come out with me,
and they won't shoot you.

You got to believe me.
I didn't want this to happen.

-[ gunfire ]
-Barclay, stop it.

You're too smart to want
to go out like this.

Look around you.

The bank owns
everything you see.

I can't afford a lawyer
to do things the right way.

[ helicopter approaching ]

Did you call the black chopper?

No, no, Barclay, I swear.

Barclay, stop it!

They'll kill us both!
I know!

You don't want to kill me.

You owe my father
at least that much.

[ gloomy music playing ]

I'm so damn sorry, Linda.

Couldn't really be sure
who Barclay Cale was firing at,

could you, Deputy Foyo?

[ sniffs ]

I don't believe Barclay
was shooting at the chopper.

But, I guess I see

how Major Tunney
could have thought so.

Hey.
Hey.

Where've you been?

I just had a long conversation

with the base
Public Affairs Office.

Don't set my interview up
with Mike Wallace

until I've actually won.Very funny.

According to the PAO,

you're not the one out
looking for fame.

What's this?

Your client's memoirs.

His publisher
just dropped them off

at the Public Affairs Office
as a courtesy.

Check out the title.

The Nick of Time.

Goes to motive,
Counselor.

It looks like Major Tunney

may have had more
of a personal interest

in getting involved
than he's let on.

But what's a little
posse comitatus

when you can be #1

on the New York Times'
bestseller list?

[ soft music playing ]

BENTLEY: My whole life changed
when I met Julia.

The confusion I had
about the military went away.

I met people
who thought as I did.

You began attending
your wife's church.

Yes. The Quaker belief system

spoke to how I want
to live my life.

Could you be
more specific?

We believe
every human life is precious,

and that God intends
for us to live in peace.

Some might say
that's a bit idealistic.

How would you answer them?

Without ideals... what are we?

Thank you, Commander.

Commander Bentley,

would you ever consider
serving your country

in a non-combative way?

If you're called up after all,

it would be to save lives,
not to take them.

I can't, in good conscience,
aid the war effort,

even indirectly.

Is that part of
your Quaker beliefs?

Quakers are divided on this,
Lieutenant.

But I would have trouble
being involved

with anything
connected to the military.

You didn't view the military
that way

when you took Navy money
to pay for your tuition.

That was before my doubts began.

Certainly long
before my conversion.

And after your conversion,

did you attend
any war demonstrations?

No, Lieutenant.

Did you write
any articles

expressing your
antiwar views?

I would feel uncomfortable
doing that

while I'm still in the Reserves.

I'm trying to determine

if you've ever
actually done anything

to convince me that
you're a committed pacifist.

What I've done,
Lieutenant,

is to seek separation
from the Naval Reserves.

I'm not impressed, Commander.

I'm sure that life is sweeter
in the Virginia suburbs

than it is
in an Iraqi field hospital.

Lieutenant, that's unnecessary.

Lieutenant Roberts...

I want to serve God.

Nothing else matters.

[ soft music playing ]

I wrote my memoirs

because I think I've led
a pretty interesting life.

You sure
it's not the other way around?

You think I'd
risk my career,

my freedom and my reputation

just so I could
sell more books?

Maybe you didn't think
your reputation would suffer.

It certainly didn't
after the first time

you did something like this.

Objection.

Sustained.

Major Tunney,
did you receive

authorization from your senior

before you opened fire
on Barclay Cale?

No, but...
And were you ever

specifically asked

by civilian deputies
on the scene

to provide any assistance
whatsoever?

No, but again...
Were you aware

of the regulations

prohibiting personnel
in the US Armed Forces

from participating in civilian
law enforcement action

on US soil
without authorization

from the highest level
of the chain of command?

Yes, ma'am.

And finally, Major,

at the time
you made the decision

to use your helicopter's
20-millimeter cannon

to take out
Barclay Cale,

was there any doubt in your mind

that you were indeed hovering
over US territory?

No, ma'am.

I knew exactly where I was.

I have nothing further,
Your Honor.

Major Tunney, you insisted

on taking the stand today
in your own defense.

Why?

I wanted to make it clear

I'm not ashamed
of what I've done, any of it.

I gave that manuscript
to the PAO as a courtesy.

Does that sound to you

like I thought I was doing
anything wrong?

Did you attempt to seek approval

from your immediate
chain of command

before taking action
in this incident?

Yes, sir.

Did you
ever receive

direct instructions
from Sheriff Driskell

to leave the scene and
stay out of the matter?

No, Commander.So, acting

upon what you could see
on the ground,

you decided
to take action in this incident,

knowing full well
what the consequences might be?

Yes, sir.

Have you ever done anything
like this before, Major?

Yes, sir.

In Desert Storm,
I was the first on the scene

of a downed F-14.

Now, the Super Cobra only had

seats for the
two pilots,

but I could see the
Iraqis approaching.

So, I loaded the injured pilot
into my seat,

and I rode back to base
on the starboard skid

while my copilot
manned the controls.

Could you have received
command approval

for an action like this?

No, sir.

But when I got back to base
and saved that pilot's life,

the only thing my Commanders
talked about

was what awards I should
be recommended for.

Do you believe you
should be awarded a medal

for shooting
Barclay Cale, Major?

I didn't shoot that man
to win an award, sir.

Or to have something
to write about.

I shot him because I believed
it was the only way

I could prevent him
from killing people.

Thank you, Major.

Nothing further.

I guess I owe you
an apology, Dad.

I, uh, I didn't mean
for the questioning

to get so personal
in there.

Religion is personal, Sturgis.

You can't discuss it
dispassionately.

All you've been through,
and you still trust in people.

You still believe
Commander Bentley

is sincere, hmm?

People have a way
of letting you down.

Is this about a woman, Sturgis?

That, uh,
Congresswoman Latham, maybe?

She loved politics
more than she loved me.

That is ancient history.

It's in my nature
to try to do my best,

but my friends,
my coworkers, it...

Try this one, Dad.

Your son, the son of a man
who joined the Navy

back when we were called
colored, and Negroes--

a man who tolerated
all that bigotry

because he wanted
to serve his country,

that man's son is facing
a complaint of racial bias.

Are you embarrassed
by your favorite son yet, Dad?

I was accused of being racist
against Koreans.

Is it the truth?

[ soft music playing ]

I don't know.

Then it's not
about your coworkers.

It's about you.

I am so far away from what
I wanted to be in my life,

I don't recognize myself, Dad.

We're all sinners, son,
all imperfect.

You got to accept that
and let it pass.

You have to learn how to bend
before you don't break.

The term posse comitatus
means "force of the county,"

and for 125 years,

we have kept the military
out of local law enforcement.

There are no soldiers or tanks
patrolling our streets,

no troops enforcing laws

at the whims
of their commanders.

And that's
what separates us

from the banana republics
of the world, Your Honor.

The law is subject
to numerous exceptions,

is it not, Colonel?

Only in very narrow instances,
Your Honor.

In this case,
there were no standing orders

expressly forbidding
Major Tunney

from doing
what he did.

But Major Tunney
is presumed

to know the law,
and that law makes it illegal

for a Marine major
with an attack helicopter

to become a vigilante.

Objection. Pejorative.

Sustained.

Is there any proof
Major Tunney acted

out of any motive
other than to save lives,

including his own
and that of his copilot?

No such proof, Your Honor.

Only a strong suspicion

that the Major wanted
to add a chapter to his memoirs.

After 9/11,
state governors

had to call
the National Guard in

to patrol airports

because to give that job
to regular Army troops

would have been illegal.

The law is worse than obsolete,
Your Honor.

It's a danger
to national security.

Objection. We can't ignore laws
simply because they're old.

The Colonel
is right.

Commander, you're
making a good argument

for repealing the law,

but until
I'm elected to Congress,

what am I to do?

Narrowly construe the statute,
Your Honor.

Rule that merely returning fire
does not violate the law.

[ sighs ]

We are in recess until tomorrow
at zero-nine hundred.

Commander Bentley, the skeptic
inside of me says

that you wish to avoid
being sent to Iraq.

The problem is,
I'm not sure that I'm right,

and I sure can't prove
that you're wrong.

So, I am going to recommend
to the convening authority

that your request for
conscientious objector status

and separation from
the Naval Reserves be approved.

God bless you, Lieutenant.

On a related matter, Commander,
if I understand correctly,

you wish to be removed from any
connection to the military,

no matter how indirect.

That's correct, Lieutenant.

In that case,

I am separately
recommending

that you, as a provider,
be removed

from the military
health plan.

Removed?

As soon as possible,

you should inform
your military patients

that their insurance
will no longer cover
your services.

[ sighs ] But I will lose
my entire practice.

Commander,
he can't do this, can he?

I'll certainly appeal
on your behalf, Doctor,

but I think
the Lieutenant's recommendation

will be favorably received.

But...
It seems quite consistent

with your... beliefs,
Dr. Bentley.

ROBERTS: Commander,
you asked for separation.

So, if you would, sir,
please separate yourself.

That will be all.

Lieutenant...
I will go bankrupt.

Sometimes faith
carries a heavy price.

[ gloomy music playing ]

I have to admit that...

for a while there,

I thought he might be for real.

Never put your faith in people,
Lieutenant.

You will always be disappointed.

It is becoming
increasingly difficult

to distinguish
between an act of terrorism

worthy of
a military response,

and a criminal act better suited
for police jurisdiction.

And while
I have reservations

about Major Tunney's
behavior,

I also remember
our government's first response

to the attack
on the World Trade Center

was to scramble F-16s
over the East Coast.

What Major Tunney did
cannot be considered

a national security defense
countermeasure,

but I do believe
he acted in good faith

to preserve the lives
of US citizens

he saw taking fire.

I do not find that
reasonable grounds exist

to charge Major Tunney
with an Article 92 violation.

Therefore
I recommend

that no disciplinary action
be taken.

This hearing
is concluded.

[ bangs gavel ]

Congratulations, Major.

Thanks, Commander.

Major, you, uh, certainly
dodged a bullet today.

Yes, sir.

Unfortunately,
the wing commander

doesn't listen
to Navy JAG lawyers.

You're being
transferred TAD

out of the squadron,
pending a FENAB

to evaluate your flying status.

I guess he figures
public perception of the Corps

is more important
than one man's career.

Sir... it's, uh...

It's already done, Major.

Come see me in my office
to receive your orders.

So, was it worth it, Major?

Yes, ma'am.

I'd do it again.

[ soft music playing ]

[ theme music playing ]