Original subtitles

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

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

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

Objection noted, Gunnery Sergeant!

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

[whirring]

Keep it turning, Captain!

[automatic weapons fire]

Ambush!

[yelling]

Gunny!

[screaming]

Cover me!

[yelling]

Winchester One, this is Elvis Four!

Request immediate suppressive fire!

LZ Alpha Two!

Request emergency medevac!

I've got casualties!

[opening theme music playing]

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

on Friday's events in Sierra Leone

when six U.S. marines

were killed in an ambush.

The attack was orchestrated by the rebel warlord

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

The bodies of the dead men have been recovered

except for the helicopter pilot.

[sighs] The, um...

Marine Captain William Shepard led the failed attack.

He's been charged with exceeding his orders.

How, sir?

Uh, have a seat.

The Captain split off

and went in pursuit of Colonel Makani.

He thought he could ambush him.

But the rebels turned the tables.

Do we know the reason the Captain deviated

from the mission plan, sir?

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

Colonel...

I want you to handle this matter.

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

Domestic disturbance, Quantico.

Admiral?

Commander, um...

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

You've had a recent run of bad luck

and maybe it's time to take...

well, take a little break.

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

Uh, t-they were hardly winnable.

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

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

I am not without influence on the hill, sir.

That marine...

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

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

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

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

We may need his friends in Washington.

That would leave you with the Frutt case.

What is it, sir?

Uh, "Peeping Tom."

[Rabb] Colonel Klesko, as commanding officer

of the Marine Expeditionary Unit

you were Captain Shepard's commanding officer.

What is your opinion of the Captain, sir?

Captain Shepard's an MCP Officer.

Came up through the ranks. Seasoned.

Maybe a bit cocky, but, uh

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

Did Captain Shepard exceed orders, Colonel?

The Marine Expeditionary Unit is there to support

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

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

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

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

I'm not the convening authority

but in my opinion, the answer's no.

Six men died,Colonel.

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

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

You get shot at your instincts are to shoot back.

I can't excuse what the captain did

but I canunderstand it.

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

What did you say to him?

I reminded him of our mission, sir.

Our op orders were to stay withthe UN relief convoy.

We were to engage Colonel Makani and his rebels

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

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

Do you think that Captain Shepard exceeded his orders

when he went after Colonel Makani?

That's not for me to say, sir.

Has Captain Shepard exceeded orders before?

Twice this month, sir, the same thing happened.

We were following a convoy, we broke off to pursue

Colonel Makani and the rebels.

So thiswas a pattern.

Sir, every day we fly in there

and the rebels pop off their AK's.

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

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

cross-hairs before we could respond.

Colonel Makani wasthe problem, sir. Everybody knew that.

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

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

As in Forward Remote Unmanned Tracking and Transmission.

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

until we had gotten a call

that someone had taken it for a joy ride.

A woman caught the unit surveilling her 17 year-old

daughter Saturday night.

Surveilling?

Observe.

[small motor revving]

Now, the signal can transmit to any receiver

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

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

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

-stand down now? -Uh, sure.

Sorry, Colonel.

Thanks.

[clears throat]

So, how was the, uh...

Captain apprehended?

Well, the mother of the 17-year-old

got in a lucky shot with a broom.

Hmm, let's hope our enemies

don't have the same technology.

Look out! [motor accelerates]

Sorry, ma'am, sir.

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

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

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

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

Later he did peacekeeping in Somalia and the Balkans.

Last month, he was sent to Sierra Leone.

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

and they said that he's a fine officer,

but that he is prone

to showing excessive initiative.

How can initiative be excessive?

During the Gulf War, then-Corporal Shepard

decided to attack a column of Republican Guards

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

and in one hand he has a bullhorn

in the other he has an M-16.

Then he orders the Iraqis to surrender.

They jump out of their turrets and run

he calls in a strike, destroying all their tanks.

Sounds like a cowboy to me, sir.

-Afternoon, sirs. -Tiner.

I found something this weekend, Commander

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

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

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

when we need a helping hand.

That's a song, isn't it?

Here, sir, I want you to have this.

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

What is it?

Saint Ivo of Kermartin, sir.

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

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

higher appeal, sir.

Thanks, Tiner.

You're welcome, sir.

Oh, you have a visitor, Commander.

That'll be all.

Aye, sir.

Hang on to this.

Tell Captain Shepard I'll be with him

in a few minutes, all right?

Aye, sir.

Make yourself at home.

Well, I used to be on the Appropriations Committee.

It's a tough habit to break.

I actually came to steal you

for a little event tomorrow night.

Ah, I am not registering voters at the DMV

if that's what you're asking.

No, it's a party at the Willard.

A defense contractor is unveiling a new missile.

You're kidding.

Please don't make me beg.

Oh, I'll be there.

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

I've got a friend who needs an escort.

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

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

have gone unheeded. This morning, Janet Sauter

the mother of the slain helicopter pilot

made a plea to Colonel Makani.

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

so that I can give him a proper burial.

This whole thing's going to blow up.

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

of a U.S. serviceman on live TV.

Are you handling the investigation?

Come on, Bobbi, you know I am.

It's your committee that's overseeing

the entire peacekeeping operation.

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

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

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

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

About Captain Shepard... What he did.

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

The Congress may pull the plug on the whole operation.

Maybe we shouldn't have been there

in the first place, Bobbi.

I'm sure a lot of people are wondering

why we're peacekeeping in Africa

when our own cities are under attack.

If we pull back from our responsibilities

in the world, Harm, then the terrorists win.

Don't tell me you're going to excuse

what Captain Shepard did?

Hey, if Captain Shepard is guilty

I'll be the first in line to prosecute.

See you tomorrow night.

I'll be there.

We were flying over the relief convoy that night.

That's before everything went to hell.

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

and they were hitting the convoy.

Was Colonel Makani with the rebels?

Yes, sir.

So you responded?

We fired over their heads. They began to run.

That's when one of them took a potshot

so I decided to go after them.

Did they continue firing?

They continued to run, sir.

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

That would be your opinion, sir.

The rules of engagement were quite clear.

You could employ deadly force

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

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

I considered that hostile.

Now, one potshot does not justify

a full-out counterattack, Captain.

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

Six of mymen, sir.

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

I did what I was asked to do.

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

Your orders

were clear, Captain.

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

My orders...

Those weren't my only orders, sir.

[Rabb] Are you telling me that Colonel Klesko

ordered you to go after Colonel Makani?

I'm saying he suggested it, sir.

How do you "suggest" an order, Captain?

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

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

Onboard, Colonel Klesko briefed us on our orders.

Later, he called me aside.

What did he say?

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

"at Makani within spitting distance

of the rules of engagement, go for it."

The two prior missions...

The failed attempts to capture Makani...?

I was following orders, sir.

You went in without armored support, Captain.

You knew the risks.

Yes.

And I've had to live with the results.

[woman] I was making cinnamon swirls

when I saw it.

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

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

Mom, what's the big deal?

The big deal is your virtue.

Well, my virtue could care less if some creep wants

a picture for his wall.

Vanessa, has anyone made any unwanted overtures recently?

Guys make overtures all the time.

Especially at construction sites.

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

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

Mom.

Uh, any particular pimply pervert, Mrs. Dupree?

What was the name of that boy

that came over... that did the magic tricks

where he was smelling the magazines?

Vincent's nice, Mom.

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

Colonel, how far can that remote go?

Ah, Sioux City is a bit of a stretch.

Well, I want this sicko brought up on charges.

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

I want you to throw the book at him.

I will certainly see what I can do.

[whispers] Thank you.

[Sims] Sir, I was at the bookstore

yesterday, and if ever there was a book

with your name all over it

it was this one.

It's signed.

Commander of the Fleet.

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

"Nine Secrets of Highly Effective Lawyers."

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

and voice projection really helpful.

Is there something wrong with my vocal projection?

No, sir, you have great timbre.

Oh, it's the eyes,then.

No. No, sir.

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

So, it's the seven other secrets?

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

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

So, I thought...

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

I'll just take it back.

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

It was very thoughtful of you.

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

[Roberts] Sir?

Oh, hey.

I have this book.

Harriet gave it to me after I lost

my first... case.

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

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

His recon company spearheaded the rescue mission

for the wounded Marines in the barracks bombings.

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

and spent 72 hours without sleep helping the Medevacs.

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

versus a cowboy who points M16s at tanks.

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

Colonel Klesko was summoned to the National Security Subcommittee

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

Well, it's a closed-door hearing,

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

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

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

I wouldn't sell the electorate short, Bobbi.

In that outfit, you'd get my ballot.

[whispers] Hi.

So, I understand that Colonel Klesko

appeared before your committee last month.

Can't a girl have any secrets?

The Marines had casualties

and committee members were worried

we were getting in too deep.

So, how did you make it go right?

The Colonel promised that he'd put an end

to all casualties by reducing

our vulnerability to rebel attacks.

Just how did he propose doing that?

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

Captain Shepard tells me that Colonel Klesko

ordered him to go after Makani.

And I was just thinking

that would be one way to stop the attacks.

Harm, I know the Colonel.

He'd never issue an order like that.

The Colonel's more credible.

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

Good. Then you're doing the right thing.

Senator Pick.

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

Thank you. Hello.

-Commander. -Good evening.

Do you know Congresswoman Latham?

Commander Turner.

No. Ms. Latham.

It's Bobbi.

Pleasure.

Well, I hope we're not, uh

interrupting you and the Senator, I mean.

Commander Turner and I were just discussing

the events in Sierra Leone.

Marine Captain loses a few men

and already, we're thinking pull-out.

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

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

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

Don't you agree, Commander Rabb?

[chuckling] Well, I agree we'll never

settle this this evening.

-[all chuckling] -No doubt.

If you will all excuse me,

I see someone that I need to speak to.

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

-Bobbi, Commander. -Ma'am.

May I say, you look stunning

in that dress, Congresswoman.

Incoming. Thank you.

Ah, thank you.

Thank you.

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

Uh, anyone for the bar?

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

There you go, sir.

Bourbon, please.

Right away.

Commander Rabb.

Major Seawell.

It's "Mister," now.

I'm working for the Greff Corp.

Consulting.

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

We all do, eventually.

I read about this Africa thing.

Heard you're doing the investigation.

I bet everybody's laying the blame

right at that marine captain's doorstep.

Well, you know, Frank,

blame usually finds its owner.

I wouldn't be so sure.

You didn't serve with Colonel Klesko,

did you?

Yeah.

He was my company commander.

The peacekeeping operation in Lebanon.

'83?

The year of the barracks bombing.

It sure was.

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

suggest that you operate outside

the rules of engagement?

Things happened in the Bekaa Valley.

After the barracks bombing, people wanted some payback.

Colonel Klesko one of those people?

Well...

he was a man who could get things done.

I'm sure it served him very well

on his climb up the ladder.

Whatever happened in Lebanon

would you be willing to make a statement?

[laughing]

No.

I'm not opening that can of worms.

I've got two ex-wives

and a kid that hates me to support.

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

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

[cell phone rings]

I've got to go.

Call me when you lose the uniform.

Commander.

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

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

As the convening authority, he's decided to initiate

court-martial proceedings against Captain Shepard.

But, sir, I recommended a letter of reprimand

and non-judicial punishment.

[Chegwidden] Commander, six men died.

People saw it on television.

Accountability has to be addressed in a public forum.

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

Well, what are the charges, sir?

Willful dereliction and negligent homicide.

Six counts of negligent homicide?

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

[Chegwidden] It's at the discretion

of the convening authority, Commander.

I'll see you in the morning.

[laughing]

You look like your cat died.

They're going to court-martial Captain Shepard.

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

Well, you wrote the report on him.

Yeah.

I'm thinking maybe I made a mistake.

Now you're going to defend the man?

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

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

He's being scapegoated, Admiral.

Six marines who died in Sierra Leone

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

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

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

You can't prove a verbal order was given.

No, sir, but if Captain Shepard received an order

from Colonel Klesko off the record

I'm betting others have received a similar order.

Pretty thin.

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

His mother's weeklong campaign

for the return of her son's remains

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

Her son's finally come home.

[reporter] This is the sixth funeral at Arlington

in the past two weeks...

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

chose to launch an attack on Colonel Makani?

[Lanier] Yes, sir.

Were the rebels engaging at the time?

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

According to your op order

what were the rules of engagement?

That we were to fire only when fired upon

or when hostilities were imminent.

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

was the Captain exceeding his orders?

Yes, sir, I believe he was.

Can you tell us why he did so?

The Captain wanted to get Colonel Makani.

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

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

He pinned up "wanted" posters in the company office

with the Colonel's face on them.

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

It was kind of a joke.

We actually got up to 90 bucks.

90 bucks.

Ninety bucks...

It cost six lives.

Thank you, Gunnery Sergeant.

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

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

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

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

Now, you mentioned two previous missions

where Captain Shepard pursued Colonel Makani.

Did Colonel Klesko know about them?

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

Did he also report that on these two earlier missions

he continued to pursue the rebels

even after the ceased to engage?

Yes, sir, he reported everything.

Did Colonel Klesko reprimand Captain Shepard for this?

No, sir.

Thank you, Gunnery Sergeant. That will be all.

[Turner] Colonel Klesko, what were your orders?

Our orders for the mission were to protect the relief convoys

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

Did you give Captain Shepard any commands,

verbal or otherwise that countermanded those orders?

I did not.

Were you aware

of any previous attempts to capture Colonel Makani?

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

When Captain Shepard led the attack on Colonel Makani

did you feel he exceeded his orders?

Yes, I do.

Thank you, Colonel.

[Judge] Commander Rabb.

Your Honor, I have no questions at this time

but I would like the right

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

We'll recess and reconvene here at 0900 tomorrow.

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

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

after stowing all the equipment.

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

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

And, you know what, to be quite honest

these tech guys tend to be a little bit flaky.

Major, I have a very good nose

for when people are lying to me.

Colonel, I am not a Peeping Tom.

My nose is twitching, Major.

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

Okay, 20.

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

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

Uh, Ford Explorer.

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

He was testing an infrared camera on Friday evening.

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

It's my daughter.

She's been sneaking out late at night

and her grades have been slipping.

I was just borrowing the unit.

I just wanted to catch her.

So, you set up a surveillance cam?

I was going to.

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

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

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

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

They all have access.

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

[door opening]

Boy made a fortune in high-tech.

Son...

we need to talk.

[Roberts] Commander, as theBuckner Bay's

Air Boss, you oversee air operations?

That's correct.

Sir, did you oversee the loading

of air-to-ground rocket pods

on the Supercobra gunships?

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

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

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

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

Sir, can you explain why internal fuel bags

were loaded onto the Hueys?

Colonel Klesko wanted to maximize the helo's range.

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

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

Was there a written order for that, Commander?

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

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

Objection.

Withdrawn.

[boy] It was easy.

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

[MacKenzie] Voila, felony.

This isn't a video game, Brad.

Why is it so out of focus?

What were you thinking?

I see Vanessa everyday.

She's smart, pretty.

Guess I just wanted to... hang out.

You mean hover?

So, what happens now?

You're grounded, mister. Unplug the computer.

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

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

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

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

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

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

on Colonel Makani the day in question?

Makani had fired on my men, sir.

Is that the only reason you launched an attack?

I felt that was reason enough, sir.

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

Yes, sir.

I received a verbal directive.

From whom did you receive a verbal directive, Captain?

Colonel Klesko, sir.

And what did Colonel Klesko ask you to do?

-He wanted me to capture Makani.

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

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

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

It was my understanding, sir.

In fact, the Naval Officer's Guide

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

Would you please read for the members

the highlighted portion, Captain.

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

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

"by custom and tradition

are equivalent to an order."

And, Captain, by this definition

when you attacked Colonel Makani and the rebels

you believed you were following orders.

-Is that correct? -Yes, sir.

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

[Turner] I believe the Officer's Guide

also calls for one to seek clarification

when receiving such verbal orders.

Did you get clarification, Captain?

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

So then, you heard what you wanted to hear.

[Rabb] Objection. Argumentative.

Withdrawn.

Captain, did you want to capture Colonel Makani?

Yes, I did.

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

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

I was lighting a fire under my men.

I wanted to execute my orders, sir.

Ah, yes, the famous verbal orders.

I find it odd. No other company commander reported receiving

any verbal orders from Colonel Klesko.

Certainly not orders to attack a warlord.

Can you explain that, Captain?

No, sir.

[Judge] Try, Captain.

Why do you think you alone received this verbal directive?

I guess none of the other commanders

had experience under fire, ma'am.

[sighing]

Ten years, Counselor.

My client's not doing time, Sturgis.

We'll plead to dereliction...

Dismissal if adjudged, but no confinement.

We are talking negligent homicide.

Careful, Harm. Don't overreach.

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

We're reaching just fine.

Colonel, you ordered your Cobras armed with missiles

and your Hueys to carry extra fuel.

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

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

I was in Lebanon when the barracks was bombed.

People worried that our men were trigger-happy.

So sentries had rifles with empty magazines.

We know what happened. 283 Marines died.

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

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

the night of the raid, sir?

There was a strong possibility.

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

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

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

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

-Yes. -And didn't you also

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

shot at Colonel Makani, he should take it?

I said something to that effect.

So, Colonel, you were, in fact

widening the rules of engagement.

Rules are open to interpretation.

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

-Redirect, Your Honor? -Proceed, Councilor.

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

A clean shot means acting aggressively, but safely

in the best interest of your people.

It doesn't mean charging into an ambush

on some quest for vengeance.

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

Mrs. Sauter.

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

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

It's your client I'm questioning.

When they came to my door

in their uniforms, with their hats in their hand

I asked them one thing:

Why did my son have to die...

for nothing?

He was on a peacekeeping mission.

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

I want an answer.

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

Had the decency to...

Read that letter.

You want to know the saddest part?

Congresswoman Bobbi Latham isn't even in the military.

There was no reason for her to feel

that she had to apologize to me and my family.

She didn't have to write me that letter.

No, she didn't.

[Rabb] All right, Bud, go ahead.

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

from the Buckner Bay.

Colonel Klesko received a series of encrypted messages...

SPECATS, from Congresswoman Latham.

[Rabb] Did you get copies?

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

They're being forwarded now.

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

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

-Morning, Frank.

What do you want?

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

Whatever happened in Lebanon, you were the one

the Colonel sent in, weren't you?

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

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

Don't have somebody else spend 18 years

in Leavenworth for the same reason.

I'm not helping you, Commander.

Then help yourself!

Help yourself, Frank.

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

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

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

What about the boy?

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

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

You subpoenaed me to testify?

Well, Colonel Klesko did appear before your committee.

I thought you might have some additional information

you wanted to share.

We have no secrets, Harm.

You know what I know.

I'll do what I have to, Bobbi.

Well, then, consider me a hostile witness.

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

he promised to cut casualties in Sierra Leone.

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

Did you have any suggestions for the colonel?

It's out of my hands, Commander.

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

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

"Special attention, for your eyes only?"

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

You sent several to Colonel Klesko over the past month.

We obtained them through

the Naval Communications Center in Maryland.

"Four October: Colonel...

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

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

let's do it."

"Six October: Colonel, this most recent failure

"to capture Colonel Makani is causing unrest

in the committee."

"Ten October:

"Colonel, polls indicate capturing Makani

would give our cause a PR boost."

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

There were many who wanted to see Makani arrested

the U.N. Secretary General among them.

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

a Colonel's career quite like a powerful

Congresswoman can.

[Turner] Objection.

Withdrawn. Nothing further, ma'am.

Congresswoman, did you ever order Colonel Klesko

to take any action against Colonel Makani?

I'm a civilian, Commander.

Giving orders is not in my job description.

Thank you, Congresswoman.

Congresswoman, you're excused.

The defense would like to recall

Colonel Klesko at this time, ma'am.

Colonel, do you recall receiving messages from Congresswoman Latham?

Yes.

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

I don't let politicians

determine field decisions, Commander.

Despite the fact, Colonel, that your mission in Africa

was highly dependent upon Congressional support?

Congressional support is important.

So much so that you promised Congress to limit casualties

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

Just how did you plan to do that, Colonel?

Did you cut back on missions?

I chose more proactive measures.

Like configuring helos for combat?

I thought it was a good policy.

Now, Congresswoman Latham wrote to you, Colonel:

"Polls indicate capturing Makani

would give our cause a PR boost."

Be some PR to have Congresswoman Latham

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

Almost worth sending Captain Shepard on a hunting expedition.

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

Please.

Commander, I encourage my people to be aggressive,

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

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

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

in the Bekaa Valley

where a Marine recon unit was sent

to attack a Hezbollah guerrilla leader in his home

and he was killed along with his family?

Objection, Your Honor. Relevance?

Colonel's career in Lebanon has no bearing here.

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

in previous testimony, when he spoke of his tour

in Lebanon.

I'll allow it.

I remember such an incident.

The Second Lieutenant, under your command, sir

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

on verbal orders from you, sir.

Isn't that correct?

Colonel, I can call Frank Seawell in here now

and he will testify to that fact, sir.

That won't be necessary.

I ordered Lieutenant Seawell to attack the Hezbollah leader.

The man was responsible for bombing the Marine barracks

killing 283 of our people.

According to our intelligence

he was supposed to be alone.

I regret that he wasn't.

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

in violation of the rules of engagement.

I did what I thought was necessary.

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

to do anything that would contravene a standing order.

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

[Rabb] No, sir, and despite previous testimony

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

No.

When Captain Shepard led the raid on Colonel Makani

he did so at your expressed desire

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

Yes.

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

I did what I thought was necessary.

The accused and counsel will rise.

You may publish your findings.

Captain William Shepard, on the charge and specification

of willful dereliction of duty

this court finds you not guilty.

On the charge and specification of negligent homicide

this court finds you not guilty.

This court is dismissed.

-Thank you, Commander. -Congratulations, Captain.

Now go home, spend time with your family.

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

Thank you so much.

Congratulations, Harm.

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

Sturgis.

-[Sturgis] Good job. -Thank you.

You just doomed a mission

that saved thousands of lives in Africa.

He killed six marines, Bobbi.

Don't you see the bigger picture?

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

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

Colonel Klesko was one of the few who understood that.

This wasn't a campaign stop, Congresswoman Latham.

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

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

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

Look, I'm not against humanitarian missions,

Bobbi, but I am against politicians sending people into combat

and not giving them the chance to defend themselves.

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

Do you think the military is the only place

where superiors suggest courses of action

and leave you to interpret the rest?

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

I know you had a job to do, Commander.

There's going to be an inquiry.

Yes, sir, I've heard.

I might need a good lawyer.

You know where to find me, Colonel.

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

Can I buy you a drink?

No thanks, Commander.

I have five more visits to make.

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

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

We'll have that drink someday.

Aye, aye, sir.