Original subtitles

Previously on JAG.

Happy I've got a pop -up.

Armored vehicles converging on inbound refugees.

Expect refugees in danger.

Batman 3, if you haven't been shot, that photo bird is clear. Recommend

disengage.

I can't. They're going after those refugees.

Smoked them good, Boomer. Oh, you are the man, X.

Plus, you get all the luck.

Is this the man?

Is this the man?

Something wrong, Keg?

Lieutenant Buxton, did you attack vehicles on the highway east of Zlata?

Yes, sir.

Serb armor about to cut off a group of refugees, sir. Those Serbs, Lieutenant

Buxton, were Russian peacekeepers. You killed three of their senior officers.

Commander Rabb was there?

Apparently, he was close by. He was not involved in the action. Well, that'd be

a first.

You've got to move on this, A .J.

Mr. Secretary, with all due respect, we don't even know what happened yet.

The Russians say that Lieutenant Buxton cold -bloodedly murdered three of their

senior officers.

They always were so reliable during the Cold War. The Cold War is over. We hope.

Now, do I need to tell you how important it is to keep them on our team in

Kosovo? I, uh, pulled Lieutenant Buck's in -service record.

He has excellent ratings across the board, crackerjack pilot, likely next

assignment test pilot school, could end up an astronaut. I was thinking

something more along the lines of a court -martial. Sir, we still don't know

what happened.

Then find out.

Well, how was your trip?

Found a colonel.

Ma 'am.

Well, this just happened. I was going to tell you. My hearties. Congratulations,

ma 'am.

Thank you, Commander.

At ease.

Can we get to work now? I could really use your help on this investigation. You

know, the Russians are screaming bloody murder.

The Pentagon doesn't know whether to go to war or dig a hole in the sand. Well,

I'm no longer with the JAG Corps, ma 'am. I'm an aviator.

Oh, so you're not one of us. You're one of them.

I will, of course, obey any lawful orders that you give me, ma 'am.

I will try to keep them all lawful, then.

Aye, aye, ma 'am.

These things happen, Colonel.

Sometimes they do, Captain, but they're not supposed to.

And what was Lieutenant Buxton supposed to be doing when he attacked the Russian

vehicles? Monitoring the no -fly zone, keeping Yugoslavian aircraft out of our

operational area, as defined by the ceasefire agreement.

Well, the no -fly zone was up in the air, correct?

He was also escorting a plane photographing suspected mass grave

was aware that rogue Serb forces had been slipping across the border,

terrorizing returning refugees. We have standing orders to prevent that. I see.

Well, had the vehicles Lieutenant Buxton fired on been...

Reported to be violating the ceasefire or terrorizing refugees?

Not to my knowledge.

Captain, I'll need the HUD tapes from that mission. Also, radio and radar

readouts, a copy of Lieutenant Buxton's kneeboard card, and a tape of the CVIC

briefing. Everything Lieutenant Buxton saw before he went up. How about what he

saw after he went up?

I'm all ears, sir.

She talked to my Rio, sir. She's just doing her job. She talked to my plane

crew. She talked to the damn Russian admiral.

I can get to some people before she does. Don't do it, Buxton. They could

on obstructing justice, too. Those desk jockeys aren't going to be happy until

the X -Man's butt is polishing a rack in Leavenworth. Look, I know the Colonel.

I guarantee you she's fair.

But does she understand?

You're up there with me. You know what it's like.

Come on, Serge. You would have taken the shot, wouldn't you?

I don't know that.

Do you know how it felt, Pappy?

Like a tool in a groove. Like a hand in a glove.

I mean, how many times have we practiced strafing?

I could train 20 years, my entire life, to fight in an aircraft and then retire

without ever doing it.

What would that make me?

Lucky. Oh, come on.

Do you just want to bore holes in the sky your whole time in the Navy? Or do

want to do what you were built to do?

Look, if I saw those trucks doing whatever it is you thought they were

Driving?

They were Yugoslavian. They were just driving. They were in the wrong place

I was in the right place.

That's what I thought.

You shouldn't be telling me this.

Why?

Hello, Admiral?

McKenzie.

That's the Thick Neb, Colonel. He wanted to hear your report firsthand.

Good morning, sir.

What have you got?

Well, Lieutenant Buxton's orders were very clear, sir.

Do not engage ground forces without incontrovertible evidence of prohibited

activity. If in doubt, call the battle force commander for authorization.

Where does Rio stay?

Well, he said he was too busy with his instruments to see what was happening on

the ground.

At ease, Lieutenant.

Are those the photographs?

Yes, sir. Thank you.

taken after the attack. The destroyed Russian vehicles had the letters K4 on

their roofs and hoods. They were pretty clearly marked as part of the Peace

Force. Well, if Lieutenant Buxton had bothered to take a look, which he

radar shows he went down once to strafe, no identifying passes.

Sounds like we have plenty.

Colonel McKenzie, can you win a conviction on manslaughter?

Maybe, sir. Disobeying orders would be a stronger case.

Then we'll charge him with both.

Bravo,

Colonel.

Bravo.

I thank you for seeking justice for our murdered colleagues.

Would you like to sit with me?

No, I'm sorry. I promised to sit with Commander Rapp.

Why don't you give me the bubonic plague, too, while you're at it?

Do you want me to eat in my stateroom so the other boys don't get mad at you?

No, no, stay.

I should warn you, though, that meatloaf was a bad choice.

Right.

Thanks.

We haven't really had a chance to talk.

We've exchanged e -mails a few times. Of course, you failed to tell me of your

promotion.

Well, I didn't want to take your mind off my new inferiority.

You feel inferior here?

Here? No, Meg. I was born to be a pilot. I belong here.

So, Jag, what, you were just killing time till you got your eyes fixed?

No, Jag was fine.

Although I don't envy being in your shoes at the moment.

Colonel McKenzie, may I have a word with you?

Manslaughter, ma 'am?

It isn't right. Court martial will decide what's right, Lieutenant.

I was doing what I... was supposed to do, what I was trained to do. This is

the time or the place.

Ask the commander. He'll tell you, ma 'am.

Tell me what?

What I did, why I did it. He understands.

I told him what happened.

You told him everything?

Yes, ma 'am.

Well, then you just put him on my witness list, Lieutenant.

Wait a minute. You can't do that. Actually, I can.

Yeah, she can, but she really doesn't want to. Because Commander Rabb is my

lawyer.

What? I thought you quit JAG. I did quit JAG. I can't be your lawyer.

You already are, sir.

I told you things confidentially.

You gave me legal advice.

He did? You did?

Well, uh, maybe a little.

You're my man, Pappy.

Well, Pappy, I'll be seeing you in court.

Russians marched outside the American embassy today, denouncing the deaths of

three Russian officers in Kosovo. They caught Marshall and the poor bastard who

killed him. What else do they want?

Well, they want you to lose, Commander.

Excuse me, sir.

You're the lead counsel in defense of the poor bastard who killed him, so I

suggest that you put an allege in that phrase from now on.

I thought Commander Rabb had the case, sir.

Well, I thought it was better that the attorney of record was a lawyer still

sanctioned by the Navy to practice law.

I don't think Rab will be happy to see me, sir.

Lieutenant, you'll assist Colonel McKenzie in the prosecution?

Aye, sir.

You and Bromby will leave for the Mediterranean in 1930 tonight.

You can leave the office, say, 1700, two -pack.

We don't all have to be there for the investigation, do we, sir? Well, it is

customary the attorneys attend the court, Marshal.

It's going to be held on Patrick Henry.

Why, sir?

Well, the CAG made the not unreasonable point that the defendant, several

witnesses, and one of the defense attorneys are active duty pilots in a

zone. They may need to walk out of that courtroom and do their jobs.

That'll be all.

Sir?

Do you have any message for Commander Rabb?

No.

trip. I don't know. I lost my stomach if I ever see it again.

What, you've never been tailhooked before?

Mother said it was a sin before marriage.

Bud!

Colonel, I'm ready to dive right into this case, ma 'am. Somehow, Bud, you

look it. Do you know where Commander Rav is?

Out there.

He's keeping up his walls.

We shouldn't even be having this conversation.

What Lieutenant Buxton did is a manslaughter. At worst, it's collateral

Any person who unlawfully kills a human being by culpable negligence is guilty

of involuntary manslaughter. Actually, we could have charged murder. We're

already giving you a break.

I didn't murder anybody, ma 'am. Lieutenant, now you insisted that I be

lawyer, so listen to me. Be quiet.

We might reduce the charge even further if your client pleads.

To what?

Negligent homicide.

Three years' confinement in a dishonorable district.

For killing three people?

It's a bargain.

Unacceptable. Well, hold on, mate. Let's compare with our client. I know where

my client stands.

How? Am I allowed to talk now? No.

You know, maybe you three should have a little conference among yourselves

before you get together with us. Excellent idea. We don't need one.

Well, they'll get it together eventually, bud.

For the disobeying an order count, we'll need to nail down that NATO rules of

engagement qualify as a general order.

I think the older presidents are on our side, but I want you to... Bud.

Bud?

Do you know what they're doing up there, ma 'am? They're landing 40 ,000 pounds

of screaming metal onto a tiny speck in the middle of the ocean.

That's what Lieutenant Buxton does for a living.

Commander Rabb, too.

All I do is look up legal technicalities on a laptop computer.

Well, would you feel better about it if your computer weighed 40 ,000 pounds?

No, ma 'am.

Those precedents. Do you want military courts only or anything federal?

Yes, ma 'am. At the plea, Jack, I brief the members of Squadron VF -218 on the

rules of engagement for Operation Joint Guard.

Was the defendant, Lieutenant Buxton, present for the briefing?

Yes, ma 'am. So what did you tell the members of the squadron?

Well, basically that they could use force only when enemy forces were

demonstrating hostile intent or committing hostile acts against NATO

civilians under our protection.

And what if the situation was ambiguous?

Then they were to pass requests to use force up the chain of command.

I see. And after you explained all that, what, if anything, did Lieutenant

Buxton say?

He said, yeah, and if I need to scratch my six, do I have to call the president?

What is it, 6th Lieutenant Aldridge?

He's behind, ma 'am. Thank you.

I'm an S3 pilot in Sea Control Squadron 28, attached to Air Wing 16 on board USS

Patrick Henry.

We fly anti -submarine warfare missions. We also do in -flight refuel.

Was there an occasion last month when you began and then aborted a refueling

the defendant's plane?

Objection. That occasion has nothing to do with the incident at issue here, sir.

What is the relevance, Colonel McKenzie?

I believe it will soon become clear, Your Honor. Give me a hint.

Negligent carelessness is a key element of manslaughter. We will show that such

carelessness by Lieutenant Buxton did not suddenly emerge on the day of the

crime charged here.

I'll allow it.

Sir, I'll allow it.

Just keep it short.

Yes, sir.

Lieutenant Mervis, please describe that aborted refueling. Yes, ma 'am.

Lieutenant Buxton radioed us that he was low on fuel. We were low ourselves, but

we told him to come on over and I streamed my drug.

I was about to give him everything I had.

What happened then? We received an emergency call from another pilot.

Actually, the commander.

He'd had a bird strike and was streaming fuel.

So two planes needing fuel and you low. Now, what would standard operating

procedure be in a situation like that?

Give them both a little and direct them to another tanker. Is that what

happened? No, ma 'am.

Lieutenant Buxton pulled away and said that he could make it back to the

carrier, okay?

Really? Well, when he first radioed you, how much fuel did he tell you that he

needed? He said he needed 2 ,000 pounds.

And how much fuel was he supposed to be carrying in reserve when he landed on

the carrier?

2 ,000 pounds.

2 ,000 pounds he didn't have.

He could have crashed, isn't that right, Lieutenant Mervis? He did land safely,

Colonel. He barely landed at all.

Objection. Withdrawn. No further questions.

Lieutenant Mervis, by declining to take fuel for himself, did Lieutenant Buxton

accomplish anything that morning?

Yes, sir.

He made sure you got enough to get back safely.

Thank you.

Getting up to 1 ,500 miles an hour, pulling 6G turns, finding a carrier

deck on a night like this.

You know what the pilots call us?

Legal weenies.

Yeah, well, at least we don't have to go 1 ,500 miles an hour, pull 6G turns, or

find a carrier deck on a night like this.

Sorry, Commander, I didn't mean to imply you should feel inadequate.

Maybe they're the ones who threw an adequate but How

did you hear about the

refueling incident Russian Admiral told me apparently Bucks and told him the

story when they were jaw -jacking one night, but that was before he started

killing Russians Hermit you knew he was pulling stars like landing on fumes. He

could have killed three people then He didn't. He could have.

I mean, you didn't blow the whistle. I mean, what was that, some sort of macho

pilot camaraderie? You don't even like the guy.

I'm a pilot, Mac.

I don't pull out my law book every time I see one of them jaywalk.

Oh, so you let him jaywalk, and now here we are. Well, it gives us an

opportunity for another one of our friendly chads.

What's your assignment in the Air Force, Captain Weston?

I'm a senior strike controller on an E -2 Charlie Hawkeye flying out of Aviano.

And what is your mission?

We basically fly around on surveillance station for 12 hours at a time,

providing command and control for allied aircraft over the truce area.

You tell NATO pilots what to do?

Yes, ma 'am. You tell them what not to do?

We do, or we provide a link to the command center in Vicenza, and it tells

Did you communicate one day last month with the defendant?

Yes, ma 'am. I renew my objection to this line of questioning. The day the

colonel is asking about is not the day of the incident we're concerned with

here, sir.

Is that right, Colonel McKenzie? Yes, sir. It was another occasion when the

defendant demonstrated dangerously reckless conduct.

May we approach, sir?

What exactly is this witness going to testify to?

A few days before the defendant started killing Russians, he defied warnings to

stand down, crossed into Yugoslav airspace to chase a MiG that he had no

to chase, and was nearly shot down for his trouble.

Now, Commander Rabb here saved his life.

Commander, I'm beginning to think that you should be a witness instead of

defense counsel. Sir, my testimony would not be relevant.

All mention of these incidents is prejudicial to the defendant.

It's also a breach of Rule 404 of the Rules of Evidence.

Prosecution cannot mention prior bad acts.

We can't have to go to proof of motive.

What motive?

Buxton had no motive to kill those Russians, even you, Grant. It was

Yes, but motivated by his desire to fight, his desire for glory, and his

concern over where he went or who he shot at to get it. That is completely

unsubstantiated speculation, Colonel. I can't substantiate it if you allow me to

show the pattern.

Your objection, Commander Rav, is overruled.

Proceed, Colonel McKenzie.

We're getting killed.

You're a fool, mate.

You saved him.

And what was Lieutenant Buxton's mission on the day he attacked the Russian

vehicle, Captain?

To patrol the no -fly zone and to escort a plane taking photographs of suspected

mass grave sites.

So, nothing about killing Russian observers, is that correct, sir? There

standing order to protect returning refugees from rogue elements of the

military.

Wasn't there also a standing order to query higher authority before firing at

target if there was anything ambiguous about it? If there was anything

about it, yes.

And wasn't the defendant also subject to a standing rule of engagement not to

use force except in response to a hostile act or a clear demonstration of

hostile intent?

Yes. Thank you, Captain.

Captain Pike, were there refugees in the vicinity of the vehicles Lieutenant

Paxton attacked?

Yes, a mile or two down the road. In the direction the vehicles were headed?

Yes. Were Yugoslavian vehicles supposed to be anywhere near those refugees, Cap?

No. Why not, sir?

Because a week before they shot ten people there. So, Captain, as a combat

officer, in your opinion, was it reasonable to infer hostile intent to

Yugoslavian vehicles headed in that direction on that road?

Yes.

Thank you, sir. No further questions.

Reasonable to infer.

Doesn't infer imply that there was some sort of ambiguity in the situation?

It implies the pilot had to make a judgment.

The type of judgment that was supposed to be made by a senior authority.

Not an amped up pilot looking for a shot at glory.

Objection.

Sustained. Colonel, I would say you had to be there.

Well, since that's not possible, Captain, we're just going to have to do

best we can right here.

No further questions.

Let me have a crack at it, Mike.

Captain Pike, as air wing commander, you are responsible for the competent

operation of every plane in the group, correct?

Yes.

For example, if you noticed that a pilot was drunk as he entered the cockpit, it

would be your duty to prevent that, wouldn't it?

Yes, commander.

Captain, are you aware of an incident in which Lieutenant Buxton returned to the

carrier dangerously low on fuel? There was an occasion when he had a lower

reserve than regulations require.

What's he doing?

And did you discipline the lieutenant for that infraction, sir?

I counseled him.

Counseled him?

Then are you aware of a subsequent incident in which the lieutenant

unauthorized pursuit of a Yugoslav MiG and was nearly shot down?

Sir, may I confer with co -counsel?

Now? It'll take but a minute, sir.

Very well.

What the hell are you doing up there? Trying to get our client off the hook.

doesn't sound that way.

I'm stuck with lemons, huh? I'm making lemonade.

Short recess, sir.

Ten minutes.

When were you going to let me in on this strategy, Brumby? Just came to me. The

desperation move after you struck out on your cross.

I struck out?

Correction. Colonel McKenzie struck you out. Were you and I in the same

courtroom or what? Look, Harm, she hammered us getting those previous

acts into the record.

They weren't reckless, Commander.

No, they were insane.

We'll deal with them.

I am dealing with them. Making them work to our advantage by shifting blame for

the deaths of the Russians.

To Captain Pike.

What's the keg got to do with this?

Four years ago, an air group commander was successfully court -martialed for

dereliction of duty after the fatal crash of a pilot under his command with

history of reckless flying.

So? So the commander should have grounded the pilot.

After your stunts, the keg should have grounded you.

I mean, strictly speaking, it's not a defense, but it could influence the

members' harm.

So you're trying to get me off.

By telling these people that I shouldn't be allowed to fly.

Yeah. Sir, you're fired.

Fine. You tell him, Hum.

It's not fair to the CAG, and it could backfire, Brumby.

I'm not talking about fair.

This is all we've got to get our client acquitted of a crime that could land him

in jail for ten bloody years, mate.

It's my job, Hum.

It's your job, too, remember.

It could work.

I don't care if it gets me a ticker tape parade.

I'm not going to slam the keg, and I'm not going to tell these people I'm not

confident to fly.

So would you rather go to jail for 10 years, Mike? I'd rather go to jail for

,000 years, sir.

I guess we're trying something else, probably.

Hey, your mystery recess over?

Are you going to go back in there and try to lynch the keg?

Actually, there'll be no further questions, Colonel.

Isn't this a terrible come -down for you, though, sir? I mean, out of the air

and back into the courtroom?

Terrible? No, except for working with Brumby.

It gets for you if it's one case, and then you're done.

What's with him?

He's a legal weenie.

I can assure you, Admiral, no one is trying to diminish the deaths of the

Russian officers.

I should hope not.

I just have a few questions.

Shoot.

Can you tell us what this is, Admiral?

That is the flag of my country, Russia.

This is the same flag that was flown by the armed column that Lieutenant Buxton

attacked, sir? Of course.

Can you tell us what this is, sir?

That is the flag of Yugoslavia.

Very similar, wouldn't you say, sir?

I suppose.

I would like these marked defense exhibits 7 and 8, sir.

Can you tell us what this is, sir?

An armored command vehicle, the same type that the lieutenant destroyed.

A BTR -60, is that correct, sir? I believe so.

Are these same vehicles used by the Yugoslavian army?

So what?

This one was just driving down the road.

Is that a yes, Admiral?

Yes, but this belonged to the peacekeeping force. It had the initials

side. Thank you, sir. No further questions.

The headquarters knew this.

The radio channel was open.

Thank you, sir. The idiot is supposed to ask before he shoots.

Thank you, Admiral.

I'd heard reports of what these Serbs were doing to the refugees.

And what was that?

Objection. Hearsay and irrelevant.

Because the defendant's state of mind, sir.

Overruled. What did you heard, Lieutenant?

They killed them.

They raped them. They shot children.

What were your orders regarding all of that?

Don't let it happen again.

So was this going through your mind when you saw the Russian armored column

moving toward the refugees?

I didn't know they were Russian.

Intel didn't say anything about Russians being in that part of the country.

They looked like Serbs, Commander.

Looked like?

Why didn't you radio for information?

I didn't have enough time.

The road was winding its way into the woods and I knew they'd get to the

refugees. I had to take the shot then or not at all.

You didn't see the Peace Force insignia on the vehicles?

No, sir. I was flying at 400 knots.

Well, then how did you identify them as Serbian, Lieutenant?

My kneeboard cart has silhouettes of Yugoslavian armor.

And I'd seen them before.

When? During the bombing campaign, before the ceasefire, when they wouldn't

allow us to fly low enough to stop them.

Stop them from what, Lieutenant?

We were out there that day taking pictures of mass gravesites, sir.

Now, I didn't want there to be any more gravesites because I didn't do what I

had a chance to do.

Thank you, Lieutenant.

After the ceasefire, you were briefed on the rules of engagement?

Yes, ma 'am.

You mocked them.

I made a joke, Colonel.

You asked if you needed to call the president when you wanted to scratch

yourself.

Pilots make jokes in the ready room, ma 'am. And we're in kind of a tense

business. Oh, so you did respect the rules of engagement.

Yes, ma 'am. You ignored them when you chased that MiG into Yugoslavia.

Objection. Is that a question?

I'll rephrase.

Why did you chase that MiG in violation of the rules of engagement?

It adopted an offensive posture toward me, ma 'am.

An offensive posture nobody else saw. Nobody was there but me, Colonel. And

nobody else seemed to think the Russian peace observers were rogue Serbs. Now,

why are you the only one who sees these things?

It's actually an argumentative.

Overruled. I didn't make it up, ma 'am. You were itching for a fight, weren't

you, Lieutenant?

What's wrong with that? I'm a combat pilot.

Oh, so you are eager for combat.

Well, I didn't join the Navy to learn computer programming, Colonel.

I joined to fight for my country.

And if there was nobody to fight, you would find somebody to fight.

I was just doing my job, ma 'am. The rules of engagement got in the way of

job, didn't they? I thought they were a little pusillanimous, yeah.

Sir. They were wimpy?

Geeky? What, not appropriate for a warrior like you? Sir, this entire line

questioning is argumentative. It's cross -examination, sir.

Overruled. How wimpy were they, Lieutenant?

Back during the bombing, we weren't allowed to fly lower than 15 ,000 feet

wouldn't get hurt.

while people on the ground were being slaughtered. Now, I didn't join a combat

organization to avoid getting hurt, Colonel. Now, I think it's an ass

war where a stated purpose is to have no military casualties.

You think?

Do you care what the National Command authorities think?

I do what they say, ma 'am. I just don't have to like it. Oh, so you get around

it by seeing what you want to see, and now we have three dead Peace Force

observers. Rejection.

Sit down, Commander. I didn't mean to kill them, Colonel. You didn't care

to find out who it was you were killing. Sir, I... Sit down, Commander.

Take a look at those flags, ma 'am.

They look alike. You couldn't see the flag. You were going 400 knots.

And when you got back to the ship, didn't you celebrate with your pilot

Military men celebrate when they kill the enemy, ma 'am. Or somebody who looks

like the enemy. They were close enough, Colonel.

If we get him to plead guilty now, they won't kill all of them.

What are you looking for, mate?

A magic spell to make our client not an idiot.

He said he thought they were the enemy, Brumby.

He didn't know who the hell they were. Colonel McKenzie made that pretty clear.

She can't prove what he was thinking.

They can still choose to believe him.

Whatever he was thinking, he crossed the line.

He wasn't supposed to go off half -cocked.

Actually, I think we should argue that he was required to.

Excuse me?

I'm going to put Buxton back on the stand for redirect.

You're kidding, right?

No, desperate.

How did you become a naval officer, Lieutenant?

I went through ROTC at Texas A &M, sir.

As part of your training there, did you take a course in military law?

Yes, sir. And did that course cover the aspects of the Uniform Code of Military

Justice that apply to you as an officer in the United States Navy?

Yes, sir.

Do you remember being instructed about Article 99?

I do, sir. Let me read you a section of that article, Lieutenant.

Objection, Your Honor. Lieutenant Buxton is not charged with violating Article

99. Well, he had reason to believe he would be, sir, if he failed to attack

column.

This is not possibly relevant, Your Honor. Worse, it's a flagrant attempt to

introduce a separate, confusing issue. If it confused Lieutenant Buxton, then

makes it relevant.

Read what you were going to read, Commander.

Your Honor. I'm not saying he can do what he wants to do. I just want to find

out what that is. Uniform Code of Military Justice, Article 99.

Any person who before or in the presence of the enemy runs away or willfully

fails to do his utmost to encounter, engage, capture, or destroy combatants,

vessels, aircraft, or any other thing which it is his duty to encounter,

capture, or destroy shall be punished by death or such other punishment as a

court -martial may direct.

Your point being, Commander?

Lieutenant Buxton reasonably feared sir being court -martialed if he failed to

attack that column.

Article 99 only requires combatants to attack those things they have a duty to

attack. And, Your Honor, if we're going to argue this, I suggest that we do it

outside of the hearing of the members.

The members have a right to hear every relevant argument.

This is not relevant, Your Honor. If a fighting man fears he will be punished

for not doing what he sees as his duty... Your Honor.

Approach.

That was an egregious attempt to appeal to the emotions of the members. That's

legitimate defense, Colonel. Only if Lieutenant Buxton had a duty to attack

column, which, as a matter of fact, he did not. I think a reasonable man's

standard is appropriate. Would a reasonable man in Lieutenant Buxton's

believe he could be punished? Executed? For not shooting at the wrong people?

Is it really what you think Lieutenant Buxton was thinking about?

I don't know, Colonel. I was going to ask him when you objected. Acute,

Commander. But the objection is a stain.

You confine your questioning to offenses the defendant is accused of committing.

Thank you, Your Honor. Step back.

The defense arrest, sir. Fine.

The mason's tomorrow.

We're adjourned.

Is there anything else I can help you with, ma 'am? No, my closing will be

pretty straightforward.

I don't think arm hurt is enough to do anything differently.

We're going to win this one, bud.

Okay. Great.

Try to contain your enthusiasm.

I'm sorry, ma 'am.

Bud.

What's wrong?

I don't know, ma 'am. It's just that... It's being around all these people with

combat roles.

Lieutenant Roberts, you are a fine lawyer and a fine naval officer.

Thanks, ma 'am, but being a lawyer around here, it just doesn't seem so

Bud, you are a great father and a great husband. I mean, just ask Harriet how

manly you are.

I suppose.

It's just that she's been so busy with the baby.

You know?

Harriet's been tired?

Getting up in the middle of the night to nurse the baby.

Not that she shouldn't.

So you and she... We're very tired, ma 'am. You and she aren't... It's normal.

And they say it only lasts for a few years.

Good night, ma 'am.

Good night.

This is Lieutenant Colonel McKenzie requesting a phone patch to the States.

This is a simple case.

Lieutenant Buxton was ordered not to use force except in response to a hostile

act. Instead, he used force in the absence of any hostile act.

Lieutenant Buxton was ordered to seek guidance from higher authorities if he

any doubt about the potential target of his force.

Instead, he acted alone, on his own, very mistaken perception.

A mistaken perception willed into being by his reckless and careless desire to

find a fight, even when there was no fight to find.

As a result of his recklessness and disobedience, three officers are dead.

Their lives taken by an action that is unlawful in Russia, unlawful in

Yugoslavia, unlawful in autonomous Kosovo, and most importantly, unlawful

United States Navy.

Lieutenant Buxton disobeyed his lawful orders, and as a result, he caused three

wrongful deaths.

It is your duty to find him guilty.

What is the Navy for?

Why do we put on these uniforms, train for years to...

to fly our aircraft, to steer these ships.

The basic answer is to keep our country safe, to display so much strength that

no aggressor would dare attack us for fear of suffering dire consequences.

But what happens when an aggressor does attack?

Maybe not us, but people under our protection.

Do we still just display strength?

Fly, sail, march, but do nothing?

Or not enough?

Lieutenant Buxton didn't think so.

And after weeks of flying at 15 ,000 feet, well, people we were supposed to

protecting were being slaughtered on the ground.

He was given an order one day to fly low.

And flying low, he saw what he thought was a hostile force engaged in a

hostile act.

So he did what naval officers are supposed to do.

He used his intelligence. He used his initiative.

He made a decision, and he acted.

Now, if we judge that action just by its unfortunate consequences, what message

are we sending to future naval aviators who see something evil in a war zone?

Play it safe? Call home?

Come back tomorrow?

John Paul Jones said, he who will not risk cannot win, and he was right.

If we don't take the right lessons from what happened here, we'll have more wars

to look forward to, more aggression from despots and tyrants.

Not less.

Don't punish initiative.

Don't second -guess battlefield decisions.

Acquit Lieutenant Andrew Buxton of all charges.

Thank you.

Captain Wiggins?

Have the members reached a finding?

We have.

Defense will rise.

Captain Wiggins, will you please announce finding?

Lieutenant Andrew Buxton, this court -martial finds you not guilty of all

charges and specifications.

I thank the members for your time and attention. Lieutenant Buxton, you are

returned to duty.

Aye, aye.

You get it, Pappy.

I didn't think you did, but you get it.

Yeah! The X -Man is back and he's better than ever!

Get what?

Pilot thing, Mac.

I couldn't possibly explain it.

Tension on deck!

I'm looking forward to getting back into action, sir. I'm sure you are,

Lieutenant, but that's not going to happen.

Effective immediately, you are going TAD to Capitacino.

Shore duty, sir?

Officer in charge of the corrosion control detachment.

Pending a field naval aviator evaluation board, which I feel certain will

terminate your flight status.

This is political, isn't it, sir?

Coming from Washington because they couldn't convict me. No, Lieutenant,

coming from me.

I always hoped your brain would catch up with your talent, but I can't fool

myself any longer.

Sir, they're sending me to a fee nap.

They want to ground me.

What do you expect, Buxton?

A promotion?

You have to help me, sir.

Actually, Lieutenant, I'll be testifying against you.

Against me?

I just heard you in court talking about my intelligence, my initiative, how they

had to acquit me. I was your lawyer. It's my job to get you off. But you get

sir.

You and me, we're the same.

No, we're not the same.

I'm not reckless.

I don't fly stupid.

That's what this is all about, huh?

You know that I'm better than you, and you can't stand that.

You know, I wouldn't care if you're the greatest pilot in the world.

You inspire those guys to pull the same stunts that you pull, then you're a

menace. Not to the enemy, but to them.

To us.

can't do this.

Sir, the X -Men has to fly.

None anymore, Andy.

None anymore.

Wardroom, Colonel McKenzie.

Telephone for you, Lieutenant Roberts.

Hello, Lieutenant Roberts.

Hi, bud.

I've been thinking about you, bud.

Oh, me too, sweetie.

How's little AJ?

He's wonderful.

I'm just sitting here all alone, thinking about you.

I'm wearing that little pink nightgown that you like so much.

You are?

Mm -hmm.

You know, when you get back, my mom could take AJ for the whole weekend.

Oh, right. You want to go to Chicago and see the new aquarium?

No, actually, I was thinking about that.

Little motel room right outside of Richmond.

Remember?

You mean the one where we, uh... Really?

But... Listen, I understand you've been down a lot recently and everything.

Well, now that the trial's over, I think I could probably get you a hop on that

14.

A what?

You know, a Tomcat.

A what?

I could probably even get you to shoot the guns.

Uh... Excuse me, Commander, but with all due respect, could you please leave,

sir?

Uh -huh.

Uh -huh.

With me, right? Uh -huh.

He looks kind of macho, don't you think?

Okay.