All language subtitles for JAG.S07E19.First.Casualty.1080p.AMZN.WEB-DL.DDP2.0.H.264-BurCyg_track3_[eng]

-[gunfire]
-[solider 1 groans]

[soldier 2] Man down!

Get down! Get down!

Get down, Dunston!

X-Ray Tango 302,
this is Sierra Tango 6.

Request immediate support
predesignated position.

Six out.

Roger, Sierra Tango 6.
Support inbound.

[man] Roger that!

[indistinct shouting]

[theme music playing]

Glad things
worked out for you, Bud.

-I'm sure you are, Singer.
-Excuse me, Lieutenant.

-The Admiral
would like to see you.
-Thank you, Tiner.

Not you, ma'am.
Lieutenant Roberts.

Uh, now?

Just as soon as he's done
with the Commander

and Colonel, sir.

Thank you, Tiner.

[Chegwidden]
Special Ops tracked Mustafa Atef

an Al Qaeda leader
to a remote village
in the mountains of Afghanistan.

A SEAL team was sent in
to take him out,
but they were ambushed.

We've seen the reports, sir.

Four Afghan civilians
were killed

and three SEALs wounded.

And so was Stuart Dunston.

-Stuart Dunston?
-On a combat mission?

Some knucklehead
had the bright idea

that a TV correspondent
would give the Navy good P.R.

This aired two hours ago.

[Dunston on TV]
...more questions today

about the SEALs'
ill-fated mission

in Zhawar Kili.

[soldier] Man down!

[gunshots]

Not only did Al Qaeda chieftain
Mustafa Atef escape

ZNN has now learned
that of the nine Afghans killed

four were civilians.

What's the explanation
for this collateral damage?

None as yet.

The Navy's not talking.

This is Stuart Dunston--

Central Command confirms
there were civilian casualties.

You two will investigate.
That'll be all.

Aye, sir.

Aye, sir.

-Tiner, I'm ready for Roberts.
-[Tiner] Aye, sir.

Commander,
he can't be getting orders
to go to Europe, can he?

-Who?
-Roberts.

He sleeps through a trial
and gets the Med.
Would that be fair?

If you're pumping me
for information, Lieutenant,

I don't know anything.

Can you imagine Roberts
in Naples?

I bet he puts ketchup
on his pasta.

Bud's going to Italy?

Unconfirmed rumor.

I bust my butt
and he baby-sits his kid.

Sir. Ma'am.

-[Rabb] Bud.
-[MacKenzie] Lieutenant.

[Rabb] Nothing wrong with being

a family man, Lieutenant.

Or playing your family
for all they're worth, sir.

Bud doesn't play
his family, Lieutenant.

Maybe I should get a dog.

-Pit bull.
-Pit bull.

-[chuckling]
-[Chegwidden] At ease.

[Chegwidden] Well, Mr. Roberts.

Your orders came through,
Lieutenant.

Yes, sir?

USS Seahawk.

Thank you, Admiral.

Wow, I guess you really
can go home again.

Only this time as Carrier
Judge Advocate
for 5,000 crewmen.

It's a dream assignment, sir.

Sea duty in time of war,
Lieutenant

it'll be great for your record.

And you'll do a fine job.

Now, go kiss your wife,
hug your son,
pack your sea bags.

Aye, aye, sir.

And, Admiral, thank you
for your confidence in me.

I... Last time I was deployed,

I didn't have a family.

Lieutenant, you will lie awake
every night thinking about them.

But they'll be okay,
and so will you.

[Curry] I've had a chance
to visit with my men.

None of their wounds are
life-threatening, thank God.

[Rabb] You authorized
the mission, Commander Curry?

I gave the good-to-go
based on the intel I had.

Mustafa Atef was purported
to be in Zhawar Kili

-with just small group
of bodyguards.
-What happened?

The bodyguards turned out to be
a heavily-armed Taliban squad

just waiting
for our Assault Force.

If we hadn't gotten
a gunship in there

it would have been a slaughter.

-Coffee?
-Sure.

Why was Dunston
with your men anyway?

It wasn't my idea or my boss's.

The order came from
Joint Special Ops Command.

-Any idea who?
-I asked.

A one-star told me it came
"straight from the top."

-That's when I stopped asking.
-If Dunston hadn't been there

-would things have
gone down differently?
-At least one thing, Commander.

The story wouldn't be the lead
on the nightly news.

So, Dunston didn't
get in the way?

You'll have to ask
Lieutenant Laslavic.

Sounds to me like
you were ambushed.

Yes, sir. We rely
on the element of surprise

but they were waiting for us.

[MacKenzie]
So, how did Lieutenant Laslavic
respond, Petty Officer Hamilton?

By the book, ma'am.

No radio transmissions?

Not until we took fire, Colonel.

Did you maintain radio silence?

[man] Yeah. From the moment
we left Kandahar

until we were ambushed, sir.

What about Stuart Dunston?
Was he a distraction?

He's got a lot of mouth.

What about Dunston?
Did he cause any problems?

At first, ma'am, I thought
he was a real jerk--

bragging about all the action
he'd seen.

There were a few times I had
to remind him who was in charge.

Well, that sounds like Dunston.

Yeah, but, uh, I'm not going
to try and pin anything on him.

Dunston saved my life.

What?

He crawled out from behind cover
and got me after I went down.

That's how he got shot.

We watched tapes
of his broadcasts.

-He never reported that.
-I guess he's modest, ma'am.

[sighs]

[Rabb] Why didn't you mention
saving Petty Officer
Hamilton's life?

Rabb, you know me.
I try and report the news,
not make it.

Well, I seem to remember you
during Dessert Storm

dodging missiles
on live TV, Stuart,

and loving every minute of it.

Well, I've matured a lot
since then, as you have.

Besides, the real heroes
are the SEALs.

Too bad they had
such lousy intelligence.

-Meaning?
-Too few men inserted
into an area

with too many Taliban.

Plus we know Mustafa
Atef escaped

so the mission fails

the SEALs suffer
three casualties

and kill four
innocent civilians.

Take a seat.

Intel is never perfect
in combat.

Yes, I know, Colonel;
the "fog of war."
But tell me this:

Why didn't Commander Curry
send a reconnaissance drone

over the area
before sending his men in?

The Predator
they were scheduled to use

had been reported shot down
the day before.

Well, that should have
told them something.

Hey, Ginny. This is Ginny Baker,
my associate producer.

This is Colonel Mackenzie
and Commander Rabb.

-Hello. Nice to meet you.
Nice to meet you.
-Coffee?

-[Rabb] Please.
-[MacKenzie] Sure.

-Oh, let me do that, Stuart.
-Thank you.

Ginny learned to make
Turkish coffee

and mombar mahshy
while studying in Egypt.

I also learned five languages,
Stuart.

Sorry.

Cairo University's renowned
for its language programs.

And its exotic locale.

One of the benefits
of having a father
in the Foreign Service.

I grew up in London,
but we traveled everywhere.

Truth is I couldn't even
do my job without Ginny.

All I do is translate cables,
charter planes

and rent an occasional camel.

Stuart is the one
who risks his life.

Mac, we don't let
the media decide

when one of our
Officers-in-Charge
is guilty of dereliction.

But we listen to
all the evidence regardless
of where it comes from.

Dunston shouldn't even
have been on the mission
in the first place.

-Why not? Military actions
are the public's business.
-Here we go again.

The media are just
as important as the military
in defending liberty.

But there's a big difference.
We have to account
for our actions

all the way up
the chain of command.
Who polices the media?

In our system, no one
except maybe the public.

-The media are the public's
eyes and ears.
-And its mouth.

Didn't we have this debate
about a thousand years ago?

Yeah. Third year at the Academy.

I wrote a paper on how media
influenced the Vietnam War.

-A positive influence,
according to him.
-No, not entirely.

We can't expect the media
to be our cheerleaders

and we shouldn't blame the media
when we screw up.

They shouldn't blame us
when we don't.

Commander. Colonel.

Commander, we haven't reached
a conclusion yet.

-We're still in discovery.
-Well, then you need to
see this.

We had an intel collection squad
sweep the area.

The register on your video phone
shows a satellite transmission

51 minutes
before the assault force
was attacked.

I called in. The assignment desk
needed to know

if they were getting
a standup or not.

You were under orders
not to call anybody

unless cleared
by Lieutenant Laslavic.

With the Lieutenant,
I was under orders
not to breathe.

Well, now Stuart, we know why
you didn't take credit

for saving
Petty Officer Hamilton.

-Really?
-You knew you screwed up.

You didn't want
to draw attention

to your own conduct
on the mission.

Come on, Rabb, what did I do?
Phone home?

Your call could have been
picked up the by Taliban.

Not unless they hijacked
an AWACS.

These guys were riding horses
and sending smoke signals.

We're going to need
all your network's records

of your activities
in Afghanistan.

You two ever hear
of the First Amendment?

[MacKenzie] You can't impede
an investigation

by yelling "free press!"

Fine. And you can't blame me
for the military's mistakes.

[SECNAV] The news media
are the best friends we have.

There are a lot
of senior officers

that would disagree with that,
Mr. Secretary.

Sure, A.J., because they're
stuck in the Vietnam mode.

Today, if you want
appropriations

for the Joint Strike Fighter

take a network correspondent
for a ride in an F-18.

Congress threatening to cut back
the Marines' budget?

Let a reporter drive a tank.

This isn't about
appropriations, sir.

No, it's about biting
the hand that feeds us.

Problem is, the media bite back.

Do you know who has
called me already today?

[both] No, sir.

The Secretary of Defense,
the Secretary of State,

and the President's
chief political advisor

and do you know why?
Because two JAG officers

who should know better
have been harassing

a well-known war correspondent.

This isn't harassment,
Mr. Secretary.

Dunston might have
been responsible

for three SEALs being
seriously injured

and four innocent
civilians being killed.

Well, let's say he was.

Let's say that his call

was somehow picked up
by the Taliban

while they were
roasting goats' brains

over an open fire.

How would you prove it?
Where would you prove it?

Sir, we're all aware that there
is a jurisdiction problem here.

A problem, A.J.?
Nothing happened on our soil.
He committed no crime.

He's not even a member
of the military.

That may be true, sir...

He's not a foreign terrorist

we can ship out to Guantanamo,
is he?

No, sir.

Or try in secret on some ship?

No, sir, he's a civilian
entitled to due process.

Then he is beyond our reach.

That's not entirely true,
Mr. Secretary.

Title 10, Article 802:

Anyone who accompanies
an armed force

into the field during wartime
is subject to military justice.

You want to court-martial
Stuart Dunston?

Possibly, sir.

On grounds of disobeying
a direct order in combat.

A.J., you approve of this?

I take recommendations
from my senior staff

very seriously, sir.

Do you know the mud storm

that is going to hit us?

Respectfully, sir, our job
is to follow the evidence

wherever it may lead.

Great. That's just great.

Are you going after anyone else
I should know about?

Dan Rather? Tom Brokaw?

No, sir.
But someone who should be
taken to task

is the person who authorized
this mission in the first place.

Really?

That would be me.

What the hell is this?

A subpoena.

From a military court?

News flash: I'm not in the Navy.

When you're with a SEAL team,
you're required to follow
orders.

The military's just plain
paranoid about the media.

-With good reason.
-Wrong, Rabb.

We're getting briefings
in hotel lobbies.

You don't let us near the scene

when there are friendly fire
casualties

and then you wonder
why we don't buy everything

you try to sell us.

I don't wonder, Stuart.
I don't care.

Trust us a little. Reporters are
as patriotic as soldiers.

The problem isn't disloyalty.
It's that reporters don't know

what might compromise a mission.

Come on. We're not going
to reveal troop movements.

Really? Seems a certain
magazine reporter

was given inside information
on the invasion of Panama

in December '89.
After a few drinks

at the office Christmas party,
he let the information slip.

Mistakes will happen.

Mistakes like those
cost people's lives.

You're required to turn over
phone logs, videotapes

and all other documents related
to the mission.

You can start with the tape
of your SAT call.

[Ginny] Excuse me, Stuart,
I finished translating

the Al-Jazeera broadcast.

Ginny, get me somebody
from Legal down here.

Right away.

Your lawyers can move to quash
the subpoena

but they'll lose.

I don't get you two.

You've been around.
You ought to know
how this town works.

Rule number one:

never attack the guy
with the microphone.

He always gets the last word.

We were inserted at 2200 Zulu,
about eight clicks north
of Zhawar Kili.

The ZNN bureau
logged Dunston's call
about two hours later.

I remember him
creeping behind some boulders.

He said he had to use
the facilities.

Even borrowed my e-tool.

Let's take a look.

Hey, Ginny.
How about getting someone
to order us up some pizzas?

[Ginny] Yeah, you'll get them
flown in specially

-after we get your standup.
-Don't hold your breath.

Taliban are more
scarce around here
than strippers in Kandahar.

Mac, pause this.

That's not a timecode:
33 degrees,

seven minutes,
six seconds north.

69 degrees, 54 minutes
seven seconds east.

Geographic coordinates.

Anybody picking this up

would know the exact location
of the SEALs.

-That son of a...
-There's no proof

that Dunston's transmission
was intercepted.

[Rabb]
Let's take a look at the rest.

[Ginny] Have they told you
where you're headed?

Nope. Top secret.

[Ginny] Stuart,
when are we gonna
hear from you again?

Don't know. If Lieutenant
catches me, he'll raise hell.

I'd better wrap it up.

That's an admission
he knew about the order

and willfully violated it.

Still, no nexus between the call
and the ambush.

What's all this
lawyer talk about, Commander?

It means it's not going
to be easy finding someone

to file charges.

And even harder to prove them.

-Wow, French.
-Yeah, well,
we're getting sea pay

and hazardous duty pay

and I'll be on fast track
to make Lieutenant Commander.

Looks beautiful.
Here you are, sweetie.

Thank you.

Honey, sea duty is just
the beginning.

My next orders could be
to battle group JAG.

-Cheers.
-Cheers.

I thought
that this is what you wanted.

I did. I do.

Now it's just seeming
very real suddenly.

Honey,
I'm going to miss you, too.

It's a two-year assignment

six-month deployment
on the Seahawk.

How many candlelight dinners
like this are we going to have?

The ones we do have
will be all the sweeter.

Some husbands...
in foreign ports

they get lonely...

Oh, no, no. Never.

Never.

What about dinner?

It can wait.

-Admiral, I was hoping
to see you.
-What is it, Lieutenant?

Now that Roberts
is transferring out,
I was wondering...

Commander Rabb will be
dividing up Roberts' files.

Yes, sir. I just thought, sir,
the Crawford court-martial--

Roberts hasn't had
much time to work it up.

Perhaps I should dig into it.

Crawford.

I thought we were farming out
Crawford to NLSO in Naples.

-Isn't it a simple UA?
-Not so simple, sir.

Crawford went UA, got drunk,
busted up una bettola

stole a Vespa, rode it
into the Mediterranean...

caused quite a fuss over there.

Una bettola?

Angling for a trip to Naples,
Lieutenant?

I have been
studying Italian, sir.

-Excuse me, sir.
-The Commander and the Colonel
are waiting for you.

Lieutenant.

Thank you, Tiner.

Anytime, sir.

I read your report.

Any precedent for the military
going after a journalist?

Well, sir, Abraham Lincoln
wanted to prosecute

a New York Timeseditor
for publishing troop movements

during the first
battle of Bull Run.

[MacKenzie] And for encouraging
Union soldiers to desert

-but Lincoln decided against it.
-There was also an incident
in the War of 1812.

-War of 1812.
-[Rabb] Yes, sir.

After the battle for New Orleans
General Andrew Jackson

ordered a newspaper editor
court-martialed, sir,

for publishing a story
that hadn't been approved.

The war ended,
and the prosecution was dropped.

Recommendations?

Under Section 802...

I know, Dunston
was with an armed force

during time of war and in theory

-is subject to military justice.
-Yes, sir.

But he had no commanding
officer.

Who has the authority to convene
such a court-martial?

Well, under section 22-A
of the UCMJ, sir

there is one person.

Oh.

Yes, Mr. President.
That's right.

Lincoln never did
and the newspapers
kept printing orders

of battle and troop movements.

Well, sir,
if we do decide to prosecute

the news media will raise hell
and you will take some heat.

No, sir, I would not recommend
that you get out of the kitchen.

[Ginny] Hey, wait a minute,
wait a minute!

-You can't go in there.
-Yes, we can.

He's going on the air.

-We have something
he might want to report.
-[Dunston] Mic check.

Now is the time for all good men
to come to the aid
of their... country.

I don't know how they got
past security, Stuart.

-[Stuart] It's okay, Ginny.
-Stuart, we're on in 30.

What is it, Rabb?
You've got 25 seconds.

Stuart Dunston by order
of the President
of the United States

a court-martial
is hereby convened

to hear criminal charges
against you.

Court-martial?
You've got to be kidding.

Oh, this is no joke, Stuart.

You're in the Navy now.

[SECNAV]
"Navy Scapegoats the Media.

Investigation or Witch-hunt"

and, my personal favorite,
"Navy's Image Sinks."

I've seen them, Mr. Secretary

but the President knew
we'd take some hits

when he convened
the court-martial.

And I'll live with that decision

but I don't want to win
the battle in the courtroom

and lose the war
on the editorial pages.

Take a look at this.

Stuart, are you
guilty of a crime?

I'm guilty of trying
to do my job.

The only job specifically
protected
by the U.S. Constitution.

The military claims
that you violated an order

and as a result, four
Afghan civilians were killed

and three Navy Seals wounded.

Bad intelligence
and flawed planning
were to blame, not me.

There's an old saying, Wendy.
The first casualty of war...

-is the truth.
-You're saying the military
is managing the news?

They did it in Panama

and Somalia... and Desert Storm

and they're doing it here.

We've given Dunston
a bigger soapbox.

So Mackenzie and Rabb
will just knock him off it.

Does the defense have
any preliminary motions?

Yes, Your Honor, Mr. Dunston's
civilian counsel has asked me

to argue the motion to dismiss

on the grounds
that this court-martial

lacks personal jurisdiction
over Mr. Dunston.

[Judge] I'm intrigued,
Commander, to hear why.

Mr. Stuart Dunston, a civilian,
is charged with two counts,

violating an order
and aiding the enemy,

both under the Uniform Code
of MilitaryJustice.

Wasn't Mr. Dunston accompanying
a military unit

engaged in combat
in time of war?

In combat, yes,
in time of war, no.

We may talk about a war
on terror, Your Honor,

but that has no legal meaning

without a declaration
by Congress.

Your Honor, there was no
declaration of war

in Vietnam, Korea,
or in the Gulf War,
for that matter

but I have no doubt, sir,
that the men and women
who served in those conflicts

knew they wereat war.

Do you have authority
to support that proposition?

Your Honor,
in United States v. Castillo

the Court
of Military Review found

that Desert Storm
wasa de facto war.

But the Court of
Military Appeals
ruled just the opposite

in U.S. v. Averette.
It held that a civilian

employed by the Army in Vietnam

couldn't be tried for theft
because Congress
never declared war.

So the cases
are all over the waterfront.

Your Honor, in these times
we can expect more undeclared
wars on bands of terrorists

than declared wars
on sovereign nations

but for the safety of our men
and women in combat, sir,

it is imperative
that civilians in the field

be bound by military discipline.

I agree.

The accused's motion
for dismissal is denied.

-[Rabb] Thank you, Your Honor.
-[MacKenzie]
Thank you, Your Honor.

But a word of warning.

If all you prove is
a technical violation
of an order,

-this case will never
get to the members.
-Sir.

Unless you show
that Mr. Dunston's conduct

was the proximate cause
of the ambush

I'll dismiss all charges
and specifications.

[clears throat]

We're fighting
to protect ourselves

from violence and fear...

We're not equipped
for this kind of trial.

Our court is the only place
for this kind of trial.

Military justice works
just fine... for the military.

You're being used, partner.

Being used is when
you don't believe
what you're saying

when you're just a mouthpiece.

You're really buying into this.
This isn't just lawyering.

[Bush]
We're fighting against men
without conscience.

Harm, when I took an oath
to defend the Constitution

that included
the First Amendment.

The First Amendment
doesn't give the press

the right to endanger lives.

Thomas Jefferson once said
if he had to choose

between a government
without the press

or the press
without a government

-he'd choose the press.
-Jefferson didn't know
Stuart Dunston.

You really think
that Dunston's innocent?

No, I think he's guilty
of arrogance and conceit

but that doesn't mean
we should court-martial him.

[Bush] For all the reasons

we're fighting to win,
and win we will.

The President seems
to think you're wrong.

[Turner]
So, he won't make me an admiral.

The President's going
to answer questions
from the press after his speech.

Someone will ask him
about the Dunston case,
won't they?

It's all the media seems
to be able to talk about.

And whatever he says will
be widely publicized.

I see where you're going
with this. It won't work.

Depends on what
the President says.

Commander, what's
the hardest part
of being a submariner?

-Holding your breath.
-[laughing]

-Oh, what's that?
-It's goose pate
with deviled quail eggs.

-Would you like one?
-Oh, no, thanks.

Admiral, I was hoping

-your new friend would be here.
-Uh... who?

That lovely woman that knows
all about Shakespeare.

Oh, she couldn't
make it this evening.
Excuse me, Lieutenant.

What sort of cases
are you expecting, Bud?

Hot-button issues, ma'am.
Approving tactical strikes
on enemy targets,

working with allied
legal officers

on international treaties.

Really?

Oh, yes, sir, perhaps even

trying foreign terrorists
in military tribunals.

-It sounds exciting, Lieutenant.
-Well, sir, compared

to the mundane day-to-day work
of JAG...

Not that
what we do here isn't important.

Glad to hear you say that.

It's just that, you know,
international law is...

A hotter button.

[Turner] The President said
he supports

punishing anyone who endangers
American lives

including reporters.

Now, that statement clearly
refers to this trial

and prejudices
my client's rights.

Are you aware of the severity
of such a charge, Commander?

Yes, sir, but when
the convening authority

makes televised statements
calculated to influence
the court-martial

I will be derelict
in my duty if I do not respond.

The convening authority
is the Commander-in-Chief.

Which makes the statements
even more egregious, Admiral.

And your motion
even more precarious.

I recall when Charles Manson
was on trial.

President Nixon said he thought
Manson was guilty.

And the motion
for mistrial was denied.

But civilian jurors
weren't dependent

on President Nixon
for promotion.

Your Honor,
the President merely said

the guilty should be punished.

Where is the prejudice in that?

Let's find out.

[man]
22, you're cleared to land.
Spot 2.

[helicopter pilot]
22, roger that. Spot 2.

[indistinct shouting]

Welcome aboard, Lieutenant.
XO's waiting for you, sir.

[man] Used to have
two judge advocates

so one was assigned to Kandahar,
the other to the Stennis.

Work's been piling up.

Well, that's okay with me, sir.

It's all part of combat duty.

Before we insert you
behind enemy lines, Lieutenant

why don't you finish
checking in.

Captain Johnson
would like you to join him

for evening chow at 1900.

Aye, sir.

Uh... I'm sorry, I thought
that this was...

The Legal Office?

Don't you remember
me, Lieutenant?

Christmas, your house...

Petty Officer Coates.

-I thought that you were...
-In the brig, sir?

-Well...
-I did my time.

Changed my attitude.

I've been reassigned.

Me, too.

Reassigned.

I know, sir.

I'm your Legalman.

[Judge morris] Are you aware
of certain statements

-made by the President
about this case?
-I am, sir.

-Can you follow my instructions
in reaching a verdict?
-I can, Admiral.

And disregard any statements
made by anyone else

-including the President?
-That would not be
a problem, sir.

Can you render a fair
and impartial verdict
based solely on the evidence?

-[man] It's my duty, Admiral.
-[Judge Morris] Very well.

Your Honor, the members
may think
they can remain objective

but there's no way they can put
the President's words
out of their minds.

-You can't unring a bell.
-[Rabb] Your Honor, the members

are military officers,
and there is
no reason to believe

that they will do anything
other than follow the court's

-instruction.
-I agree.

The court is satisfied
that no prejudice occurred.

Motion to dismiss is denied.
Call your first witness.

I firmly believe
it's in the national interest

for the public to be informed
of military actions.

So you approved
the accused's request

to accompany a SEAL
assault force
on a combat mission?

-I did.
-On what condition?

That Mr. Dunston agree
to waive all liability

in the event of his injury
or death

and to follow orders
at all times.

Can you identify
what's been marked

as Government Exhibit One?

That's the written agreement,
signed by Mr. Dunston.

Thank you. Your witness.

Sir, why did my client approach
your office for approval?

[SECNAV]
Because he'd been turned down

by Lieutenant Laslavic

and by Commander Curry,
the Mission Commander.

Turned down also
by Joint Special Ops Command?

-Yes.
-Why?

They thought the mission was
too dangerous for a civilian.

Apparently, they were right.

Regretfully, they were,
Commander.

Do you think Mr. Dunston
is responsible

for three SEALs being wounded
and four Afghan civilians
killed?

Objection. Calls
for a conclusion.

[Judge Morris] Overruled.

I wasn't in Afghanistan.
I don't know
what Mr. Dunston did.

But I know what I did.

I failed to listen
to the Commanders in the field.

I'm the one who's responsible.

[Laslavic]
We try to avoid being seen,
heard, even smelled.

I mean, we don't even
heat our MREs

because the smell of warm food
could compromise your position.

As Assault Team Commander,
what orders did you give?

To be silent and invisible
as much as humanly possible.

[Rabb]
With regards to Stuart Dunston?

Well, I ordered him specifically
not to use the satellite phone.

[Rabb]
Were you aware, Lieutenant,

that 51 minutes prior
to the ambush

of your team, Stuart Dunston
made a phone call?

Not at the time, sir.

Thank you, Lieutenant.

-Your witness.
-Do you have evidence

that the video call
Stuart Dunston made
was intercepted

by enemy forces?

-No, sir.
-Do you have any evidence

that the enemy even
had the equipment
to intercept such a call?

-No, sir.
-Once you were attacked

-what did Mr. Dunston do?
-Well, he took cover.

And when Petty Officer Hamilton
was shot?

Mr. Dunston got to him,
and he pulled him to safety.

While you were taking fire?

[Laslavic] Yes, sir.

[Turner]
So that the members understand,

Mr. Dunston,
a civilian, crawled out

from his position of cover,
and risked his life

-to drag one of your men
to safety?
-Yes, sir.

"Oversleeping."

"Soiled uniform."

"Attempted cursing?"

How is that even possible?

He got halfthe word out, sir.

This is our caseload?

There are more serious ones,
Lieutenant.

"The case of the purloined
crustacean"?

I sometimes give
the cases names to help me
remember them.

"Two seamen are accused
of raiding a chill box

and stealing
the officers' lobsters."

-What? A joke?
-More like dinner, sir.

They steamed the lobsters
on the boilers.

What's the evidence?
A couple of claws?

-Here, let me show you.
-[phone rings]

Legal. Lieutenant Roberts.

-We've a call for your
from Colonel MacKenzie.
-Yeah, put her through.

-How's it going out there,
Lieutenant?
-Hi.

Oh, just up to my elbows
in cases, ma'am.

You're going
to be out of touch soon

so I thought you'd like to hear
from someone.

Say "Hi" to Daddy.

-[A.J.] Hi, Daddy.
-Hey, A.J.

-It's my son.
-Hi, sweetie.

Who are you talking to?

Uh, my Legalman.

Well, I hope
he's good at his work.

Uh, yes, very...

well-organized.

[Dunston] That's correct.

The lieutenant told me
not to use the SAT phone.

But you ignored the order?

No disrespect to
Lieutenant Laslavic

but I know a little more
about electronics than he does.

Meaning what?

The satellite phone
has a narrow beam width
with no side lobes.

Now, maybe one
of our EC-135 Rivet Joints
could intercept the call

but not some ragtag Taliban
using walkie-talkies
with flashlight batteries.

Your Honor, we move
into evidence,

documents certified
by the Measurements

and Signatures Intelligence
detachment.

They show no electronic
surveillance

activity by any unknown forces

on the night of the incident.

[Judge Morris] So admitted.

[Turner] Your witness.

[Rabb] You ever serve
in the military, Mr. Dunston?

Apparently I have...
for one night.

[scoffs] You understand
that in the military

all lawful orders
must be obeyed?

So I'm told.

Do you admit
to signing an agreement

to obey all such orders
as a condition

of accompanying
the SEAL Assault Force?

I had three choices, Commander.

I could stay in the hotel
in Islamabad

and watch Al-Jazeera on TV.

I could attend the Army's
daily briefings, what we call

"The 5:00 Follies,"

or I could do
whatever was necessary

to join an assault force
in the field.

So, you signed the agreement
never intending to abide by it?

I signed it not intending
to give up the right
to think for myself.

Oh... well, apparently,
you reserve the right

to decide which orders
you will obey
and which you choose to ignore.

My bosses can tell you
I usually disobey theirs.

Well, your boss, this evening,
Mr. Dunston,
was Lieutenant Laslavic

whose job it was
to complete a dangerous mission

and to protect his team
which also included you.

I didn't do anything
to jeopardize the Lieutenant

his men, or myself.

You were really good
in there, Stuart.

Thanks. But I'm more comfortable
asking the questions.

Hey, Rabb, no matter the outcome

uh, no hard feelings, okay?

Spoken like a man who expects
to win, Stuart.

-You're more charitable
than I am, Stuart.
-[phone rings]

Hello.

[speaking Farsi]

[in English]
Sorry. Kashmir Bureau Chief.

They have an interview
we may want.

[Dunston] Good.

We'll wrap this thing up
tomorrow

and I can go back
to work a free man.

She speaks fluent Farsi.

-She's an interpreter, Mac.
-With perfect intonation?

She studied
at the University of Cairo.

Foreigners who learn Farsi speak
with a noticeable accent.

Where are you going with this?

Ginny Baker is a native speaker.

The Kashmir Bureau Chief
would speak Urdu, not Farsi

and they weren't talking
about the interview.

They were talking
about Stuart Dunston.

[MacKenzie]
Miss Baker, did you receive
a satellite call

at the network
from Stuart Dunston

when he was in the field
with the SEAL team?

Yes.

And that was at 7:37 p.m.,
Washington time?

-About then.
-According to your
cell phone records

you made a call three minutes
after hanging up.

-If you say so.
-The records say so.

Why didn't you use
the network's phones?

Objection. Mr. Dunston admits
he made the call to the network.

Whatever Miss Baker did
thereafter is irrelevant.

-I'll tie it up, Your Honor.
-Hopefully in short order.

Miss Baker, why did you use
your cell phone?

It was a personal call.

-To Islamabad, Pakistan?
-Yes.

To a cell phone registered
to an Aziz Nasiri.

He's my cousin on
my mother's side.

Must have been
an important call.

Well, in Islamabad,
it was about 5:40 a.m.

Sometimes I forget
about the time difference.

What does Mr. Nasiri do
for a living?

Your Honor...?

-He works for
an international charity.
-Does it have a name?

I can't remember.

Holy Land Liberation Crusade.

That sounds right.

Which was just listed
by the Attorney General

as a fund-raising front
for Al Qaeda.

[Ginny]
I know nothing about that.

Where were you born, Miss Baker?

I don't think that's relevant.

That's for me to decide.
Answer the question.

-London.
-[MacKenzie]
And where were you raised?

Different places.
My father was a diplomat.

She told me she was
raised in England.

[MacKenzie]
Actually, your parents divorced
shortly after you were born

and you returned
with your mother to Iran

-where you were raised
by her family.
-Is that a crime?

[MacKenzie] And while Baker is
your father's name

the name you used
just before coming

to the States last year was
your mother's: Zahedi. Correct?

I thought
if I used my Iranian name

I'd be discriminated against,
and apparently, I was right.

Is that why you traveled
under a forged English passport?

I don't know
what you're talking about.

Who forged it? VEVAK--
the Iranian Intelligence Agency?

That's ridiculous.

Where's your mother today?

Why don't you ask your CIA?

[MacKenzie]
The Zahedis were prominent
Shiite clerics.

Were they persecuted
by the Shah of Iran?

They were killed.

My entire family wiped out
by a despot

backed by American money
and American military.

[MacKenzie]
And you would do anything
to avenge their deaths.

The call you made that night was
to disclose the SEALs' position
to Aziz Nasiri

so he could relay it
to Taliban forces.
Isn't that true?

[speaks Farsi]

[in English]
She refuses to answer,
Your Honor.

The Master-at-Arms will take
the witness into custody.

[Judge Morris]
Have you consulted
with your attorney?

-I have, Your Honor.
-And you understand
by changing your plea to guilty

-you waive all defenses?
-I do.

Now how do you plead?

I thought I was innocent,
Your Honor.

But I am, at the very least,
morally responsible.

I plead guilty.

The court finds that your plea
is knowing and voluntary

and hereby finds you
of all charges
and specifications, guilty.

Does the defense counsel
have anything
in mitigation of sentence?

Sir, I would ask
that the court take into account

Mr. Dunston's acceptance
of responsibility

and expression of regret.

Trial counsel,

anything in aggravation
of sentence?

Your Honor, the principle
that's been established here

is more important
than any sentence

the court might impose.

[Judge Morris] I agree.

Mr. Dunston,
the court trusts that you

and the rest of the news media

have learned
an important lesson.

I sentence you to
12 months confinement
at hard labor.

However I'm recommending
that the convening authority
suspend sentence.

This court's adjourned.

[pounds gavel]

Stuart...

Thank you.

[Coates]
One or two "E"s in judgment,
sir?

[Roberts] Uh, either way,
but one is preferred.

Good. Less typing.

Oh, look.

You've got an email
greeting card.

Oh, let me see.

Oh, so cute.

-[Roberts] I miss them so much.
-[Coates] I'll email your wife

and tell her how much
you like the card.

Uh, no, let me do that.

Why don't you go work
on updating the Captain's Masts?

Yes, sir.

[Dunston] Earlier today,
I threw myself

on the mercy
of a military court.

Now, I do the same
with the court
of public opinion.

I do so because I am guilty

not just of disobeying an order
in a time of war.

I'm guilty of pride,
of smugness,

of all-importance.

To the American people
and to the Afghan people

I express my sincere regret
for my conduct.

It was inexcusable.

I'm going to take some time off

after I visit each
of the wounded SEALs

and personally apologize
for my actions.

Then I'll be back on the air,
but with a different attitude.

-This is Stuart Dunston.
-I was wrong
about the system, Harm.

It did work.

Oh, we were all
a little bit wrong.

Don't look at me.

I wasn't wrong about anything.

[closing theme music playing]