All language subtitles for JAG.S10E04.Whole.New.Ball.Game.1080p.AMZN.WEB-DL.DDP2.0.H.264-BurCyg_track3_[eng]

♪ Uh-huh ♪

♪ Oh, yeah ♪

[ song continues ]

♪ ♪

[ over radio ]
My dad listens to this stuff.

Says they quit making
good music in 1977.

The year Elvis died.

That was a long
time ago, sir.

[ over radio ]
You calling the general
and me old, Lieutenant?

No, sir, Colonel.

You can tell your dad
it was actually 1970,

beginning of the Vegas years.

SAM dead ahead!

Salvo!

Chaff and flares!

X-Ray-three-one!
Mayday! Mayday!

We are going down!

Hold on to something!

[ groaning ]

[ grunts ]
Lieutenant?

[ panting ]

Lieutenant!

[ electronic crackling
and buzzing ]

General Bixby.

Sir, we have
a situation here.

We are egressing
from the aircraft, sir!

Can't do it, Colonel.
Can't move my legs.

[ electronic crackling ]

Can you feel
your toes, sir?
I can't tell.

Well, if you can't feel them,
they're not hurting,

and you can give me a hand.

I'll go first, and pull your
sociable half out after me.

[ groans, grunts in pain ]

[ groans ]

Leave me here, Colonel.

No, sir!

That's an order.

Sir, I am taking command
and tasking you

with helping me get you
the hell out of here.

Now, square yourself away, sir--
you're a Marine!

Come on!
[ grunting ]

[ grunts and groans ]

[ opening theme music playing ]

Master Sergeant, the
colonel has a call
from the White House.

Thank you, sir.

Colonel.

You got friends
in high places.

It's the White House.

[ panting ]
Colonel Cresswell.

Yes, sir. I understand.

I will. Yes, sir.

Thank you, Mr. President.

Good morning, Colonel.
Good morning.

Good morning, ma'am.
Good morning, Bud.

You look well-rested.

Thank you. I finally got
a good night's sleep.

Hey, anything from
the SECNAV's office

on who our new boss
is gonna be?

It's been months since
Admiral Chegwidden retired.

No, ma'am, and you
know what they say:
no news is good news.

Except in this case,
any news would be good news,

given the temp they've
saddled us with.

Any chance you and Turner
might bury the hatchet?

I can think of a few places
I'd like to bury the hatchet.

[ woman clears throat ]

Sirs, ma'am.

No need to quit gossiping
on my account.

We were done
gossiping, Coates.

In that case,
your presence and the colonel's

is requested
in Commander Turner's office.

Uh, that's, uh,
Commander Turner's
temporary office.

A Navy frigate, the Hennessey,

has had an altercation

with a vessel of
another nation.

Friend or foe?

Your call-- it's Canada.

One of our sailors
shot and injured one
of their fishermen.

He's First Nation,
and his father sits on
the local Tribal Council.

Before this becomes an
international debacle,

I want to find out
what happened.

And you think it's
gonna take two of
us to do that?

Our neighbors to the
north haven't exactly
been in our corner lately.

This isn't gonna help them
get there.

Which is why I'm
sending you both.

There's been
enough conflict

between Washington
and Ottawa lately.

That's it?

That's it. Good luck.

You are aware that
the Oval Office

has taken an interest

in this billet
at JAG headquarters.

Yes, sir, the Corps
is extremely proud

that the President
wants a Marine to
compete for the job.

Mm. I've been reading up
on your lead candidate, General.

It's been years
since I've practiced law,

so I can appreciate the sparsity
of legalese in his essays.

But sometimes
mincing words

is a necessary evil
for a nominee.

Well, we don't have
many poets in the
Marine Corps, sir.

How well do you know him?

Not as well as I'd like.

He's just six months in
as Counsel

to the Chairman of
the Joint Chiefs.

SJA in Iraq,

with the First MEF
before that.

Recently wounded in combat,

and determined not to let
it end his military career.

In short, he's a Marine.

The kind the Marine
Corps prides itself on,

whether he fits
the administrative
mold or not.

So do you think

the JAG post is just another
bureaucratic desk job?

Mr. Secretary,
I have a desk job.

It's the best way
I can think of

to keep old war horses
like myself in the game.

Colonel Cresswall's
heroics in Iraq aside,

he's a lawyer
and a damn good one.

His days of getting shot
down in helos are over.

I can't think of a
better billet than
Judge Advocate General

as a capstone for
that Marine's career.

A.J. Chegwidden left
big shoes to fill.

The journalists loved him,

his press conferences
were legendary,

and all his own people
regarded him as a friend.

Every leader has
his own style, sir.

My point, General,

is that the billet
that Colonel Cresswell

is being considered for
involves a hell of a lot more

than just good lawyering.

Nobody wants
the President's favorite

to wash out in this
election process,

and nobody wants to saddle
our fine JAG lawyers

with a commander
so bereft of people skills

that he alienates
the lot of them.

I want your
honest assessment

of your Marine.

Mr. Secretary, the
Marine Corps isn't
a charm school.

That said, don't
underestimate a man

just because
he's forthright.

That's what we
train them to be.

My Marine can handle anything
you plan to throw at him, sir.

MAN:
Welcome aboard,
Commander, Colonel.

This message
just came for you, sir.

I'll show you
to your quarters,

and then the skipper
will see you.

Thank you, Lieutenant.

Oh, it's from Bud.

Turner wants us
to contact him.

Anything else?

Oh, yeah, more scuttlebutt
on the, uh,

potential new JAG.

There's a name floating around
the Pentagon.

Hopefully, this one'll
have more luck than the
last three candidates.

This one's a Marine.

The first Judge Advocate
of the Navy was a Marine,

Colonel William Butler Remey.

Well, that was back when Edison
was perfecting the lightbulb.

There's a reason
we haven't had a Marine JAG

since then.
And that is?

Look, don't get me wrong,
but if I was in a foxhole,

there's no one I'd
rather have on my
side than a Marine.

However, as the
legal counsel for
the entire Navy,

Marines just don't have
the correct temperament
for that position.

Harm, you're
so predictable.

A Marine JAG would
shake things up
around the office.

Who is it?

It's, uh, Colonel
Gordon Cresswell.

What? You know him?
Yeah, maybe
I've heard of him.

Hang on a second-- he's
gonna be my commanding
officer as well.

If you know something,
spit it out.

I don't know anything
that would affect you, okay?

[ knocking ]

Enter.

Commander Nesbit.

Colonel, Commander.

Thanks for flying out.

Have a seat.

Thank you, Commander.

So, uh,
what can you tell us

about the events
that led up to the shooting?

We were on a training run.

We got a civilian
radio call.

A small American
fishing boat claims

they were being hijacked
by a Canadian fishing boat.

Did you find any evidence
to support that claim?

Both sides were armed,

each claiming the
other was poaching.

Turns out they
were both wrong.

They were way out in
international waters.

I didn't have
any jurisdiction

to hold the fishing boats,

but the Canadian shooting
victim turned out to be

the boat skipper's son.

Father and son are aboard.

Kid's mending in sickbay.

What about the captain
of the American fishing boat?

All too happy to stay.

Says he hasn't been
on a Navy vessel

since he served
aboard the Princeton.

Our crime scene
may have sailed away,

but at least
we have eyewitnesses.

RABB:
And what about
the shooter?

Young ensign that's
never fired his weapon

outside a training exercise.

He's confined to his stateroom.

Ensign Geery.

Sir.

Ma'am.

Stand easy.

I heard you were aboard.

We'd like to
talk to you

about the night you
discharged your sidearm.

Captain Nesbit sent launches
to each of the fishing boats

to see if we might be able
to reason with them.

I was in command of the launch
sent to the Canadian boat.

Their skipper told us
the guns they had

were stowed below deck.

Before we could ask
permission to board,

one of them pulled a rifle.

Ensign, how long have you
served aboard this ship?

Two months.

I'm fresh out of
the Academy, ma'am.

We were in heavy seas
in an inflatable boat, sir.

One shot would've taken us
to the bottom.

I'm sorry I shot that man...

but you can see
why I had to do it,

can't you?

I can't believe

I'm convening
a JAG Selection Board

with Marine Corps records
in front of it.

I mean, I'll be damned to hell.

I've never doubted that
for a second, Ed.

Cheers.
Cheers.

Colonel Cresswell's
selection

won't make you
very popular

with the Navy's
flag officers.

The Colonel's record
is so clean,

I mean, you could
eat dinner off of it.

He's the kind
of down-home,

church-going family man
that this administration

just loves to promote.

And so I won't allow
petty grievances

between the Navy
and the Marine Corps

to rain
on the President's picnic.

Besides, my job
is not a popularity contest.

Isn't it?

Would you be so quick
to convene this board

if this guy wasn't

our boss's
hand-picked candidate?

Well, the President's
confidence

is Cresswell's
best qualification.

However, I'm not so much
of a political animal

that I would approve
a board pick

that wasn't fit
for the job.

You know, much
as I appreciate

you breaking out
the 18-year-old, Ed,

it does make me wonder
what's up your sleeve.

I want you to serve
as president

of the Selection Board.

Is this an effort
to show

impartiality, or do you
just want a fly on the wall?

I want someone in the room
that I trust, that's all.

Your aspirations vis-a-vis
the Commander In Chief

won't change my behavior
in that room, Ed,

no matter how far we go back.

Surely, you're not accusing me
of command influence.

I'm just warning an old pal
to tread lightly.

Putting one of
your closest friends
on that Board

could be construed
as impropriety.

Irregular times call
for irregular measures.

Colonel Cresswell,
we haven't met.

Edward Sheffield.

Sir.

Pleasure.
I thought I'd come

and visit you
on your own turf,
as it were.

May I?
Please.

Thank you.

Please, go ahead
and eat your lunch.

I know marines like
to stick to schedule.

Yes, sir.

Congratulations on making
the short list

for the new JAG post.

And it must
make you feel good,

to know the
Commander In Chief

has taken
a personal interest.

Yes, sir.

I've heard that you're a man
of few words.

It's kind of unusual
for a lawyer, isn't it?

I try to choose
those few words
carefully, sir.

Well, you may want
to expand

your vocabulary
here, Colonel.

The post
you're in line for

is the highest post
a Naval lawyer can attain.

By statute,
it's a two-star billet,

so you would be promoted
to Major General.

It's also a
terminal position.

Oh, you've got plans
for retirement?

Civilian law firm

or staff counsel
on the Hill?

I don't have
a civilian job
waiting for me, sir.

And the only deal
I have in place

is with the United
States Marine Corps.

Your record makes
gripping reading, Colonel.

Small-town boy

raised on the family's
apple orchard,

outskirts of nowhere.

Uh, you must have picked
a million of these

in your time.

The fact that you still
like them

is a testament
to a happy childhood.

But if you pick
an apple too soon,

you may be sorry
you did.

Take it too late

and you'll end up
feeding it to the pigs.

That's somewhat like military
appointments, Colonel.

If you fail
to get selected this time,

you won't have
a second chance.

Sir, I, uh, I know
the President's rattled

a few cages putting
my name in the hat.

Can I do the job? Yes.

Do I expect to become
the first marine

in over a century to be
the Judge Advocate General?

That's for the
Selection Board to decide.

Well, you have a reputation
for shunning politics,
Colonel.

Whether you like it
or not,

Judge Advocate General
is a political appointment,

and I personally
don't believe

the President's
sudden interest in you

is based solely
on your record book.

I met the President
in Iraq,

Thanksgiving,
last year.

Didn't see him again

until he happened past
my hospital bed in Bethesda

four months later.

He remembered me,

but we are not friends
and I'm not benefiting

from any
personal association

with the White House, sir.

Truth is,
I do speak plainly,

and I listen
the same way.

Respectfully,

next time you want
to talk about apples,

let's leave the President
out of it... sir.

Commander...

I got a call
from SECNAV today.

He asked me
for someone

to act as recorder
at the Selection Board

for Admiral Chegwidden's
replacement.

I chose you.

Thank you, sir.

What does this honor
entail exactly?

You'll be in charge
of the records

and making sure
the panel members

keep their facts
straight.

I can do that.

I know you can.

I think.
[ chuckles ]

You've, uh,
been my right hand man

since I took
the reins here, Bud.

I won't forget that.

I've enjoyed being...
useful, sir.

Good luck.

Commander,

are you back already?

I gotta go. Bye.

Hey, hey.

[ chuckles ]

Harm asked me
to check on things.

You figured
a few long-distance calls

were a fair trade?

That was Kevin.

He's got his license,

so Dad's letting us drive

to Reesedale next weekend
to see a movie.

Pretty cool, huh?

I think it's cool
that we can walk

to a movie theater
from this apartment.

The theater at Reesedale's
a drive-in.

Mattie...

just...

just make sure you don't rush
into anything, okay?

You can never redo
your first time.

Whoa.

You're almost as bad
as Harm.

He tried giving me
the whole sex-talk thing, too.

How'd it go?

I think
he learned a lot.

[ both chuckle ]

But seriously,
he was totally embarrassed.

He said I should talk
to my dad,

but I know his heart
was in the right place.

He's just trying
to be a good parent.

Bet if I'd had
one like him,

I wouldn't have made
so many mistakes.

Well, you don't have
to worry about me

'cause Kevin and I have been
best friends

since, like, the first grade

and my dad is totally doing
the parent thing:

curfew, rules,
the whole deal.

So you've said.

I'm, I'm sorry

if I've been talking
about home nonstop.

You know, it's just nice
to have a chance

to sleep in my old bed,

and to have my old dad back,

the one who wasn't drunk
all the time.

Last weekend,

we managed to get through
my mom's things

and I was able to remember
my mom without my anger

at my dad getting in the way.

I just

have this feeling

that someday you're going

to decide
you're better off back there.

I know that Harm talked you
into, you know,

taking our apartment

and I know that
you'll have trouble

affording the rent
if I leave...

Mattie, don't worry
about the rent.

I'll survive. I always have.

[ sighs ]

I'm just glad you're back.

I'm really glad.

MACKENZIE:
You were pretty far from land

for a boat that size.

We must go where
the fish take us.

You can't be competitive
sticking to the land anymore.

Because of the Americans?

[ George ]
I run my grandfather's

old 40-foot trawler
out by the border waters.

It's the only place
I can get a decent haul.

WOLF:
George Young,

he comes up here,
he takes the little fish,

uses nets that
I'm not allowed to use.

And he gets
my son shot.

I know Wolf Tillicum is going
to blame me for this.

But I was close enough
to the shooting to see

that the ensign acted
in self-defense.

You saw a weapon
in Marcus Tillicum's hand?

My son did not have a gun.

And Young is lying
if he says otherwise.

You got to understand something;

this guy is dangerous.

He pulled guns on us

and accused us
of poaching.

MACKENZIE:
You'd rather be

at war with George Young
for the rest

of your life than
to try to resolve this?

How can I resolve anything
with a crazy person like Young?

He's trying
to ruin me!

Colonel Cresswell
served in Iraq

as SJA with the First MEF
and was wounded in combat.

He received a Silver Star,
Purple Heart

and was appointed
Legal Advisor

to the Chairman
of the Joint Chiefs.

So, let's open the floor
for discussion, shall we?

Are we ready to believe
that a Marine

is the best person
to serve as Chief Counsel

to the Chief
of Naval Operations?

Because that is one
of the things

that we're here to discuss.

I don't know
where it's written

that a Marine can't advise
the Navy on military law.

After all, the Navy's been
advising the Marine Corps

for a hundred years.
I concur.

Our lawyers all study
the same play book.

Historically,
Marine Judge Advocates

have been strict
constructionists
of the UCMJ.

Does Colonel Cresswell

have the adaptability
to command Naval personnel

in a fast-changing
legal climate?

[ clears throat ]

Something to add, Commander?

Respectfully, Admiral,
statistically,

Marine Judge Advocates have
consistently scored

on par with Navy JAGs
as far as command success

in the history
of the JAG Corps, sir.

Thank you, Commander.

Thank you, Commander.

I noticed that the Colonel
has Special fitreps

from an Assistant Secretary

and multiple Marine
General officers.

I'd have preferred
to see a nod

from at least one
Navy flag officer.

It is ludicrous
to think that a Marine
should go chasing

a Navy fitrep

when three-star Marines

and civilian leadership
at the Pentagon

rate him as a water-walker.

Given that a Marine record
has not appeared

before this particular board
in over a century,

perhaps our board
president can tell us what is

and what isn't ludicrous.

Commander Roberts,

in reviewing
SECNAV's precept,

did you see any mention

of a Navy flag officer's
evaluation

as a prerequisite for selection?

I did not, Admiral.

Thank you, Commander.

Ocean Law has always been
the definition of a Navy lawyer.

Colonel Cresswell was SJA

for Headquarters
Marine Fleet Atlantic.

Additionally,
we're not fighting

sea battles anymore.

This is a ground force
military now,

and the ground force
for the United States Navy

is the Marine Corps.

And how do you propose
to get to that battleground?

By water taxi?

Oh, we have always appreciated
the transport.

And you can thank us
for the fact that
once you get there,

the enemy's already been
battered by our air strikes

flying off of our carriers.

Your point is made,
Admiral.

General Willsey
is simply suggesting

that our Marines in combat
might appreciate

knowing that one
of their own

is interpreting the rules
of the game.

So having a Navy
flag officer at the helm
is bad for morale?

When Marines are dying
because some lawyer's

tied their hands
behind their backs, yes!

Commander Roberts,
how many cases
have we had

of JAG lawyers
tying Marines' hands

behind their backs?
Sir?

Don't be obtuse,
Connelly!

No, I am genuinely curious,
Commander. How many?

SECNAV:
There are no stock options
in public service,

Commander.

The perks are these...
brushes with history.

Wow. I've never known anybody

that played golf
with Gorbachev, sir.

I don't want to keep you,
Commander.

I'm sure you want to be
getting home and dinner.

I kind of wish
that I could have dinner

at your house tonight.

Just to hear about your day.

Uh, you know, sir, that I-I
can't discuss anything

about the Selection
Board proceedings

until after Admiral Kly
reports the results.

Oh, of course, Commander.

Still, that must have
been some session today.

A lot of strong opinions
in the room.

And General Willsey has a--
she's got a bad temper, I hear.

Well, she is a... a woman
with a great amount of passion.

That's for sure, sir.

She gets her way, does she?

I didn't say that, sir.

Oh, and Novak must
have been steamed.

Well, the Admiral
conducted himself

with the utmost
professionalism, sir.

Oh, he kept his head, did he?

Yes, sir, uh, very controlled.

Despite being bested
by a couple of Marines.

Exactly, sir.

Well, I'm sure you want to
be running along, Commander.

Colonel.

Colonel!

You have a visitor, sir.

Congratulations.
You're the nominee.

So the Selection Board
had its call out, sir?

I'm not in the habit of
waiting for the ink to dry

before starting the party.

So, it's not official?

Not yet, but it will be.

You know, it's possible
to take this Marine stoicism

to the point where
it smacks of indifference.

Sir, that isn't
my intention.

I'll wait to celebrate
until the Board's report

is filed and the
results made public.

Are you at all happy
about the promotion?

Yes, sir.

Might as well tell you, the,
uh... the part of me you...

you find unsettling--
the... the Marine part--

isn't going to go away.

We should be clear on that.

You know, for a guy
who barely speaks,

you've got a canny way
of getting your point across.

RABB:
I just spoke to Bud.

The Selection Board
has filed a report.

It's official.
Colonel Cresswell
is now the new JAG.

So you want to tell me

what the problem
with this guy is, or...?

Not really, but you're
not gonna let it go.

Cresswell was the Staff Judge
Advocate in Okinawa

when I first got there.

He knew about my affair
with John Farrow.

Even made sure Farrow got
his letter of reprimand.

If I hadn't already
got my rotation orders,

he probably would
have demanded

disciplinary action
against me, too.

That's a long time ago, Mac.

Marines have
a long memory, Harm.

He could my life hell.

He could transfer me
to some other billet.

Separate us...

Mac... you've changed
a lot since Okinawa,

Maybe he has, too.

Give him a chance.

Oh, Tom.

Damn the day they made this
a non-smoking facility.

Well, I-I thought
you swore off these.

I like to partake when I've
got something to celebrate.

You want to go
outside with me?

Well, I wouldn't count
your invitations

to the White House just yet.

Name Byron Handy mean
anything to you?

Presidential Aide,
sycophant...

He's put a bug
in SECDEF's ear

about the Selection
Board you convened.

Namely, that
you appointed me,

your old pal, as
Board President.

You've got a
problem here, Ed.

Am I hearing an "I told you so"?

I never like to kick a man

when he's on the verge
of making an ass of himself

without my assistance.

[ sighing ]

I don't understand.

It's not in the Secretary's best
interest to oppose my Selection

Board's choice of the
President's own man.

Nobody's trying
to show Cresswell

the cold
side of the bed.

The Secretary's
just concerned

that the appointment
be idiot-proofed,

no questions
after the fact.

The matter's going to
the Senate Armed Services
Committee for confirmation.

They'll determine if the
selection is tainted.

That's a hell of a thing.

You give them exactly
what they want

and then they question
how you did it.

The President
might get his man,

but he'll have a
gaggle of Senators

to thank for it,
not you, Ed.

Any suggestions
for damage control?

Send fruit baskets,

lots of them.

Your sailor shot me.
That's what happened.

RABB:
Your father places the blame
squarely on the Americans.

Does he?

Don't you?

None of us owns the sea.

Well, that's not how
your father feels.

All his life he's fought
to catch enough fish

to keep the business going.

Now he fights the
Americans, too.

Is that why you
and your crew were armed?

To fight the Americans?

We were defending ourselves.

But when the Navy ship
came onto us,

we stowed the weapons,

and I persuaded my father
to cooperate.

Cooperate by pulling a rifle
on the advance party?

It wasn't a rifle.

The weather was rough.

I grabbed a gaff from the deck

to help pull the Navy boat
to us,

and they rewarded me with this.

A gaff could look like
a rifle in the dark.

Thank you for your time.

[ door opens ]

[ door shuts ]

COATES:
Mattie, I'm sorry
if I've been weird

about this whole
Blacksburg thing.

You know, I'm happy that

you're figuring things out
for yourself.

MATTIE:
I know that.

COATES:
It's just, we had something
in common, you and me.

We both hated
our fathers.

Oh... I guess now that I'm
making peace with my dad,

it's sort of
hard for you to watch.

A little.

Not only that, I, uh,
started thinking about
all the things

I could have done to make it
better for myself at home.

You know what I used to do
when I got mad at my dad?

What?

Steal something.

Give him a reason to yell at me.

Why?

[ sighing ]

I guess I wanted
to prove to myself

that he was too evil to love...

even just a little.

Did it work?

Did you stop
loving him?

Some days I don't even
think about him.

I'm getting my dad back...
even though he's not perfect.

Maybe... maybe it's
not too late for you.

[ over P.A. ]
O.O.D., report to the bridge
O.O.D., report...

Hey, just got word,

Colonel Cresswell's nomination
is going

before a formal
senate committee hearing.

I, uh, thought you should know.

No, I can sincerely say that

I hope the best man
gets the job.

You haven't said much since
we interviewed the son.

What are you up to?

I, uh... I'm not sure,

but I'm going to need
your indulgence on this.

Play along, see what happens.

[ knock at door ]

Hmm.

Nice place.

It's all I need,
Mr. Secretary.

Have you planned your
wetting-down party yet?

You didn't get your invitation,
sir?

That was a joke, Mr. Secretary.

Huh, well,

I'm glad to hear
you're capable of humor,

but you won't
be laughing at this.

The Selection Board's
decision has been flagged

by the Secretary of Defense
for further scrutiny,

and the Senate Armed
Services Committee

has exercised its discretion

to require a full,
formal hearing.

And the good Senators
are going to be interested

in more than your
sterling record, Colonel.

They're going to want to
find out how you... think,

and it won't be pretty, Colonel.

Our system of checks
and balances at work.

Now, this level of scrutiny
for a two-star billet
is... is unheard of.

And this could set back
your career, Cresswell.

It could even end it.

I'm telling you

that the biggest accomplishment
of your life

is being snatched away, and...

you just stand there.

Respectfully, sir, you invited
the Senate's examination

when you placed Admiral Kly

at the head of that Board.

Are you questioning
my fitness?

No, sir, I am not.

Then what are you saying,
Marine?

I don't judge men
by the decisions they make

so much as their willingness
to take responsibility

when those decisions
produce unexpected results.

Well, you'd better spit-shine up
a few more of those homilies

because you're going to have
to charm the pants

off those Senators in order

to clear this hurdle.

Just tell them
what they want to hear.

I'll tell them the truth, sir.

At this level, even Marines
have to bend a little.

After all, neither one of us

wants to disappoint the
President of the United States.

SENATOR KERNER:
As JAG, you'll be expected
to oversee cases

related to lesbians and gays
in the military.

What are your views
on the subject?

Ma'am, I believe anyone willing
to serve his or her country

should be given the chance
to do so.

I have both prosecuted
and defended military personnel

charged with offenses relating
to homosexual behavior.

I've not allowed
my own moral judgments

to affect my job performance.

Colonel, the UCMJ has,
since its codification in 1950,

allowed the death penalty.

What is your disposition

on this issue?

It doesn't matter what I think

about the death penalty,
Senator,

since if history is any guide,

I won't see it carried out.

No military death row inmate
has yet to exhaust

the appellate process in
the era of modern military law.

We haven't actually
put anyone to death

in the past 43 years.

You seem frustrated
by that fact, Colonel.

Am I to infer that you
favor capital punishment?

My official position
is to enforce the law

as enacted by Congress, Senator.

But I take my personal counsel
on that subject

from the books of Exodus
and Leviticus.

Colonel Cresswell,
in November 2001,

the President issued
an executive order authorizing

the use of military tribunals
to try foreign nationals.

What are your feelings
about this?

I don't have feelings
about presidential decrees.

My opinion is that
the constitutionality

of these tribunals
depends upon whether

the full Bill of Rights applies
to foreign enemy combatants.

In Ex Parte Quirin,
President Roosevelt

successfully invoked
the Articles of War

to try German saboteurs
by military tribunal.

Until the Supreme Court
says differently,

that's precedent enough for me.

Colonel Cresswell,

my question is less
sweeping in its scope.

Four years ago you advised
the convening authority

in the case of Marine
Corporal Arnold Garth.

It was a sexual assault case
involving a female enlisted.

Private Carolyn Irby.

Do you remember
Carolyn Irby, Colonel?

I recall the case, ma'am.

I never met Private Irby.

Did that make it easier
for you to recommend

against a court martial
for her attacker?

No, ma'am, my recommendation

was based upon
the merits of the case.

The lack of physical evidence
because she had showered,

the two witnesses
who heard her flirting

with Corporal Garth,

are those the
merits you mean?

That and her own
inconsistent statements, ma'am.

Carolyn Irby's parents
live in my home state, Colonel.

What would you have me
say to them?

I would ask you
not to emotionalize

the situation retroactively,
Senator.

The law's greatest virtue

is that it isn't swayed
by emotion.

I somehow don't think that
will help Carolyn Irby

pick up the pieces of her life.

Sensationalizing her situation
for the sake of this hearing

won't help either, ma'am.

Gentlemen, please have a seat.

We just have a few more
questions for you.

We've answered
all the questions.

We wanted to give
you one last chance

to square your stories.

Ensign Geery, why did
you join the Navy?

My father, sir.

He commands
the USS Beaumont.

I grew up wanting a command
of my own someday.

RABB:
And you know that
if this charge

goes to court martial,
your career in the Navy
is finished

and you'd be lucky if
you stayed out of prison.

Yes, sir. I know.

Mr. Tillicum,

do you honestly believe
this incident is worthy

of this young man
losing everything
he's worked towards?

This young man should have
considered that

before he pulled the trigger.

What about you, Marcus?

How do you feel?

I have no hard feelings
toward Ensign Geery.

I just want to go home.

It was a mistake,
that's all.

A mistake?
He almost killed you.

This whole thing
was your mistake.

And you got what you
had coming to you,

pulling a gun
on an officer of
the U.S. Navy.

Don't talk to my son
like that.

I'll talk to you that way!

You're a thief, you're a liar
and a poacher.

Yeah, well, you're a thief
and I'll see you dead!

Shut up!

Both of you.

Marcus, he is the enemy.

He's yours, not mine.

I don't want the life you live.

I want to believe
in something else.

I'm done fighting
your battles.

And I'm done
telling your lies.

Marcus, you do not know
what you're saying.

I know exactly what I'm saying.

He's in pain,
he's on medication.

According to sickbay,
he's doing just fine,
Mr. Tillicum.

I can guarantee you, Marcus,
if you tell the truth

no charges
will be filed.

So, do you stick by
your story?

Marcus...!

I don't take orders
from you anymore.

My father, he taught me
to hate George Young.

That night, he told me
your navy ship

would come to take
what was ours

to give to Mr. Young.

And you were right,
I had a gun.

And I was prepared
to use it.

You committed no crime.

We've caused
enough trouble here, Dad.

You're both free to go

as soon as the Captain
can find you a ride.

Thank you, Commander.

Well played.

I've had a lot of
experience lately

with the child-father
dynamic.

Colonel, please comment
on the constitutionality

of the detainee status

of the inmates
at Guantanamo Bay.

Ma'am, the Supreme Court
has generally affirmed

the right of the President
to hold them,

subject to review
by federal courts.

Until the court
addresses the details

and outside limits
of that power,

we are in uncharted waters.

Another deflection,
Colonel?

Just deferring to reality,
ma'am.

Colonel, you've been in Iraq.

You have seen firsthand
our thus far fruitless

search for Hussein's
weapons of mass destruction.

Do you believe we're
legally still obliged

to be looking for them,
if they exist?

The men in country have
to assume they still exist.

It's too dangerous not to.

Do you believe Saddam
possessed components

to manufacture nuclear devices?

I don't know.

Since U.S. action in Iraq
was termed "preemptive"

solely on our belief

that he did have nuclear
and chemical capabilities,

would you now say
that the invasion

was within the
constitutional authority
of the President?

As Commander In Chief,

the President is within
his authority constitutionally

to order such strikes, yes.

But only with
the approval

of Congress, Colonel.

Our war with Iraq
is not a legal one.

I invite you, sir,
to go to Bethesda

and ask the marines
who've been shot up

and burned up in this war
whether that makes

a damn bit
of difference to them.

I quote you, Colonel,

"The law's greatest
virtue is that

it isn't swayed by emotion."

So, is it or isn't it?

Whatever you call Iraq,
it's happening.

And it's not going
to stop happening

just because you give it
a different name.

Both sides of
the congressional aisle

have used this engagement
as a way to manipulate

the natural fear people feel
when their country's threatened.

It's not political
to the guys ducking RPGs

and wondering if the next car
they stop at a checkpoint

is going to blow them apart.

This JAG appointment
isn't political either,

at least it shouldn't be.

The law is blind,
she's also an Independent...

and she doesn't care if
you get re-elected next year.

If that answer doesn't satisfy
you, Senator,

I respectfully suggest you find
someone else for the job.

That went all right.

Yeah, we averted an
international incident.

I just spoke to Bud.

You'll be happy to know

that your friend
Cresswell imploded

in front of the
senate subcommittee.

Couldn't happen
to a nicer guy.

How charitable of you,
Ms. MacKenzie.

Even I have my limits, Harm.

Turns out all the worry
was for nothing, right?

Yeah.

♪ ♪

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