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1
00:00:02,260 --> 00:00:05,800
Captain, you're departing from the
mission plan, sir. I know what we're
2
00:00:05,880 --> 00:00:09,640
Gunny. I saw the intel report, Captain.
If your plan is to intercept Colonel
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00:00:09,640 --> 00:00:12,100
McConaughey here... Objection noticed,
Gunnery Sergeant.
4
00:00:13,420 --> 00:00:15,980
150 meters from the bus. Nose to the
west.
5
00:01:02,920 --> 00:01:07,060
Elvespore. Request immediate suppressive
fire. LZ Alpha 2. Request emergency
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00:01:07,060 --> 00:01:08,340
medevac. I've got casualties.
7
00:02:03,280 --> 00:02:07,960
The White House still has no comment on
Friday's events in Sierra Leone when six
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U .S. Marines were killed in an ambush.
9
00:02:10,500 --> 00:02:15,380
The attack was orchestrated by the rebel
warlord Colonel Muhammad Makhani, who's
10
00:02:15,380 --> 00:02:17,100
been waging a brutal civil war.
11
00:02:17,380 --> 00:02:21,660
The bodies of the dead men have been
recovered, except for the helicopter
12
00:02:31,550 --> 00:02:33,510
William Shepard led the failed attack.
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He's been charged with exceeding his
orders.
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How, sir?
15
00:02:39,290 --> 00:02:40,330
Have a seat.
16
00:02:42,750 --> 00:02:46,510
The captain split off and went in
pursuit of Colonel McConaughey.
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He thought he could ambush him.
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00:02:48,670 --> 00:02:50,810
But the rebels turned the tables.
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00:02:51,510 --> 00:02:54,470
Do we know the reason the captain
deviated from the mission plan, sir?
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00:02:54,690 --> 00:02:58,930
No. And his division commander wants us
to find out why.
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00:03:01,989 --> 00:03:04,670
Colonel, I want you to handle this
matter.
22
00:03:05,230 --> 00:03:09,850
Commander, I'm giving you the Captain
Frutt case, the Mystic Disturbance
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00:03:09,850 --> 00:03:10,850
Quantico.
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00:03:11,390 --> 00:03:18,110
Admiral... Commander, um... Well,
there's no easy way to say this.
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00:03:19,230 --> 00:03:26,210
You've had a recent run of bad luck, and
maybe it's time to take... Take a
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00:03:26,210 --> 00:03:26,909
little break.
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00:03:26,910 --> 00:03:29,790
Sir, if you're referring to my last few
cases...
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They were hardly winnable.
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00:03:32,580 --> 00:03:35,140
I don't think I need a break, sir.
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00:03:35,800 --> 00:03:39,460
Look, if we're expecting any trouble
from Washington over this, I am not
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00:03:39,460 --> 00:03:43,920
influence on the Hill, sir. That Marine
was an aviator, Admiral.
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00:03:44,140 --> 00:03:45,840
That Marine was a Marine.
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00:03:47,880 --> 00:03:50,900
No offense, Colonel. I thought you might
enjoy a little time in Quantico.
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00:03:51,240 --> 00:03:53,640
As an aviator, I thought you might enjoy
some fresh air.
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00:03:53,880 --> 00:03:58,480
You know, Colonel, I hate to say this,
but he may be right. We may need his
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00:03:58,480 --> 00:03:59,540
friends in Washington.
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00:04:00,780 --> 00:04:02,620
That would leave you with a front case.
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00:04:04,800 --> 00:04:06,180
What is it, sir?
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00:04:07,300 --> 00:04:08,300
Peeping Tom.
40
00:04:13,180 --> 00:04:17,820
Colonel Plesko is the commanding officer
of the Marine Expeditionary Unit. You
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00:04:17,820 --> 00:04:19,300
were Captain Shepard's commanding
officer.
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00:04:20,480 --> 00:04:22,000
What is your opinion of the captain?
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00:04:23,660 --> 00:04:26,940
Captain Shepard's an MCP officer. Came
up through the ranks.
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00:04:27,540 --> 00:04:31,460
Seasoned. Maybe a bit cocky, but he's
seen his share of action.
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00:04:31,740 --> 00:04:32,820
He's a good company commander.
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00:04:33,360 --> 00:04:35,360
Did Captain Shepard exceed orders,
Colonel?
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00:04:35,900 --> 00:04:39,360
The Marine Expeditionary Unit is there
to support UN peacekeepers and protect
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00:04:39,360 --> 00:04:41,540
convoys. Is that a yes, sir?
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00:04:41,940 --> 00:04:43,440
The captain made a bad choice.
50
00:04:44,140 --> 00:04:45,500
His helo took ground fire.
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00:04:45,940 --> 00:04:47,940
That's no excuse for leading men into an
ambush.
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00:04:48,620 --> 00:04:50,960
It does what he did rise to the level of
court -martial.
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00:04:52,180 --> 00:04:55,820
I'm not the convening authority, but in
my opinion, the answer is no.
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00:04:56,220 --> 00:04:57,800
Six men died, Colonel.
55
00:04:58,110 --> 00:04:59,550
It's called the fog of war, Commander.
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00:05:00,770 --> 00:05:03,450
To distinguish flying crosses, you of
all people should understand.
57
00:05:04,150 --> 00:05:07,170
You get shot at. Your instincts are to
shoot back.
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00:05:08,130 --> 00:05:11,930
I can't excuse what the captain did, but
I can understand it.
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00:05:12,730 --> 00:05:14,810
I tried to warn Captain Shepard, sir.
60
00:05:15,570 --> 00:05:16,650
What did you say to him?
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00:05:17,670 --> 00:05:19,570
I reminded him of our mission, sir.
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00:05:19,990 --> 00:05:24,310
Our op orders were to stay with the U
.N. relief convoy. We were to engage
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00:05:24,310 --> 00:05:25,810
Colonel McConaughey and his rebels.
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00:05:26,350 --> 00:05:28,130
Only if we thought they posed a real
threat.
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00:05:28,370 --> 00:05:29,510
That wasn't the case.
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00:05:31,190 --> 00:05:35,590
We did take fire from Colonel
McConaughey and the rebels, sir. Do you
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00:05:35,590 --> 00:05:38,610
Captain Shepard exceeded his orders when
he went after Colonel McConaughey?
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00:05:40,970 --> 00:05:42,510
That's not for me to say, sir.
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00:05:42,810 --> 00:05:44,890
Has Captain Shepard exceeded orders
before?
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00:05:46,530 --> 00:05:49,650
Twice this month, sir, the same thing
happened.
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00:05:50,240 --> 00:05:54,280
We were following a convoy. We broke off
to pursue Colonel McConaughey and the
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00:05:54,280 --> 00:05:56,100
rebels. But this was a pattern.
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00:05:56,660 --> 00:06:02,060
Sir, every day we fly in there and the
rebels pop off their AKs. Now, sooner or
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00:06:02,060 --> 00:06:05,040
later, somebody was going to get killed
because we have to wait till we're in
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00:06:05,040 --> 00:06:07,200
some rebels' crosshairs before we could
respond.
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00:06:09,280 --> 00:06:11,400
Colonel McConaughey was the problem,
sir.
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00:06:12,140 --> 00:06:13,240
Everybody knew that.
78
00:06:14,660 --> 00:06:17,480
You're telling me this is the peeping
Tom, Captain Fret?
79
00:06:17,870 --> 00:06:21,330
Yes, ma 'am, Captain Frett. As in
forward, remote on -man tracking and
80
00:06:21,330 --> 00:06:24,590
transmission. Now, we didn't realize
that the unit was UA until we'd gotten a
81
00:06:24,590 --> 00:06:26,510
call that someone had taken it for a
joyride.
82
00:06:26,730 --> 00:06:30,490
A woman caught the unit surveilling her
17 -year -old daughter Saturday night.
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00:06:30,870 --> 00:06:31,870
Surveilling?
84
00:06:32,270 --> 00:06:33,270
Observe.
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00:06:35,590 --> 00:06:39,050
Now, the signal can transmit to any
receiver if you know what you're doing.
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00:06:39,650 --> 00:06:40,650
Uh -huh.
87
00:06:40,810 --> 00:06:44,510
Look at that. I think he likes it. Yeah,
I can see that. Can a good captain
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00:06:44,510 --> 00:06:46,210
stand down now, please? Sure. Sorry.
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00:06:49,919 --> 00:06:52,760
How was the captain apprehended?
90
00:06:53,080 --> 00:06:56,120
Well, the mother of the 17 -year -old
got in a lucky shot with a broom.
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00:06:57,380 --> 00:06:59,540
Let's hope our enemies don't have the
same technology.
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00:06:59,980 --> 00:07:00,980
Look out!
93
00:07:03,840 --> 00:07:05,020
Sorry, ma 'am. Sir?
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00:07:05,660 --> 00:07:07,600
We're still trying to work out the bugs
on that one.
95
00:07:08,920 --> 00:07:12,260
Oh, sir. Captain Shepard's here. He's up
in the conference room waiting for you.
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00:07:12,380 --> 00:07:13,339
Okay.
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00:07:13,340 --> 00:07:14,580
FYI and his OQR.
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00:07:15,260 --> 00:07:18,800
Captain served in the Gulf as a corporal
in a recon unit. Later, he did
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00:07:18,800 --> 00:07:21,360
peacekeeping in Somalia and the Balkans.
100
00:07:21,720 --> 00:07:25,800
Last month, he was sent to Sierra Leone.
Now, I spoke to some of his former COs,
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00:07:25,800 --> 00:07:29,120
and they said that he's a fine officer,
but that he is prone to showing
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00:07:29,120 --> 00:07:30,180
excessive initiative.
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00:07:30,760 --> 00:07:32,540
How can initiative be excessive?
104
00:07:32,820 --> 00:07:36,380
During the Gulf War, then -Corporal
Shepard decided to attack a column of
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00:07:36,380 --> 00:07:37,860
Republican guards, and get this.
106
00:07:38,580 --> 00:07:42,000
He walks up to their tanks, and in one
hand, he has a bullhorn, and in the
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00:07:42,000 --> 00:07:43,000
other, he has a M16.
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00:07:43,530 --> 00:07:46,730
Then he orders the Iraqis to surrender.
They jump out of their turrets and run.
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00:07:46,890 --> 00:07:49,190
He calls in a strike, destroying all
their tanks.
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00:07:49,730 --> 00:07:51,530
Sounds like a cowboy to me, sir.
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00:07:52,190 --> 00:07:53,190
Afternoon, sirs.
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00:07:53,390 --> 00:07:56,830
I found something this weekend,
Commander. It may be of use to you, sir.
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00:07:57,890 --> 00:08:00,750
Really? Well, I know the last few cases
haven't quite gone your way.
114
00:08:01,050 --> 00:08:04,050
Well, sir, we all have times of trouble
when we need a helping hand.
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00:08:05,310 --> 00:08:06,890
It's the song, isn't it?
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00:08:07,450 --> 00:08:08,450
Here, sir.
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00:08:08,510 --> 00:08:09,530
I want you to have this.
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00:08:10,510 --> 00:08:11,510
It's, uh...
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00:08:11,770 --> 00:08:13,370
Pretty Velcroed for your dash, sir.
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00:08:14,090 --> 00:08:15,090
What is it?
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00:08:15,230 --> 00:08:17,030
Saint Ivo of Cremartin, sir.
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00:08:17,610 --> 00:08:18,870
Patron Saint of lawyers.
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00:08:19,910 --> 00:08:20,910
What?
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00:08:21,270 --> 00:08:26,530
Sometimes, Commander, even the best
lawyer has to make that higher appeal,
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00:08:28,970 --> 00:08:29,970
Thanks, Doctor.
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00:08:30,070 --> 00:08:31,049
You're welcome, sir.
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00:08:31,050 --> 00:08:32,990
Oh, you have a visitor, Commander.
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00:08:35,750 --> 00:08:36,750
That'll be all.
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00:08:36,789 --> 00:08:37,789
Aye, sir.
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00:08:40,590 --> 00:08:41,590
Be on to this.
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00:08:42,510 --> 00:08:46,010
So, Captain Shepard, I'll be with him in
a few minutes, all right? Aye, aye,
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00:08:46,010 --> 00:08:47,010
sir.
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00:08:49,370 --> 00:08:50,550
Make yourself at home.
134
00:08:50,910 --> 00:08:55,010
Well, I used to be on the Appropriations
Committee. It's a tough habit to break.
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00:08:55,570 --> 00:08:58,910
I actually came to steal you for a
little event tomorrow night.
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00:08:59,150 --> 00:09:02,710
I am not registering voters at the DMV,
if that's what you're asking.
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00:09:03,250 --> 00:09:05,270
No party at the Willard.
138
00:09:05,610 --> 00:09:08,230
A defense contractor is unveiling a new
missile.
139
00:09:08,650 --> 00:09:09,650
You're kidding.
140
00:09:10,270 --> 00:09:11,330
Please don't make me beg.
141
00:09:12,170 --> 00:09:13,170
Oh, I'll be there.
142
00:09:13,230 --> 00:09:14,230
Good. It's a date.
143
00:09:14,650 --> 00:09:17,170
Oh, say, listen, I've got a friend who
needs an escort.
144
00:09:17,690 --> 00:09:18,870
Can you help me out?
145
00:09:19,530 --> 00:09:20,970
Yeah, I think I know just the guy.
146
00:09:21,210 --> 00:09:24,470
So far, the Pentagon's requests for the
body of Captain Sauter have gone
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unheeded. This morning, Janet Sauter,
the mother of the slain helicopter
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00:09:28,890 --> 00:09:30,930
made a plea to Colonel McConaughey.
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00:09:31,530 --> 00:09:35,170
All I'm asking is that my son's body be
returned to me so that I can give him a
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00:09:35,170 --> 00:09:36,170
proper burial.
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00:09:36,670 --> 00:09:38,070
This whole thing's going to blow up.
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00:09:38,830 --> 00:09:42,810
That's what happens when they desecrate
the body of the U .S. serviceman on live
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00:09:42,810 --> 00:09:43,810
TV.
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00:09:44,230 --> 00:09:45,730
Are you handling the investigation?
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00:09:46,730 --> 00:09:51,090
Come on, Bobby, you know I am. It's your
committee that's overseeing the entire
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00:09:51,090 --> 00:09:52,090
peacekeeping operation.
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00:09:52,750 --> 00:09:54,350
Don't try to oversee me.
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00:09:54,670 --> 00:09:59,070
Listen, I wouldn't even try to tell you
how to arrange your socks, but let me
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00:09:59,070 --> 00:10:00,070
tell you this.
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00:10:00,370 --> 00:10:03,730
Some of us who believe that we need to
be in Sierra Leone are worried.
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00:10:04,140 --> 00:10:04,959
About what?
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00:10:04,960 --> 00:10:06,740
About Captain Shepard, what he did.
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00:10:07,000 --> 00:10:10,420
Colonel Klesko's already been recalled
for Q &A on the Hill. The Congress may
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00:10:10,420 --> 00:10:11,780
pull the plug on the whole operation.
165
00:10:12,160 --> 00:10:15,120
Maybe we shouldn't have been there in
the first place, Bobby. I'm sure a lot
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00:10:15,120 --> 00:10:18,540
people are wondering why we're
peacekeeping in Africa when our own
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00:10:18,540 --> 00:10:19,239
under attack.
168
00:10:19,240 --> 00:10:22,960
If we pull back from our
responsibilities in the world harm, then
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00:10:22,960 --> 00:10:23,960
win.
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00:10:24,340 --> 00:10:26,820
Don't tell me you're going to excuse
what Captain Shepard did.
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00:10:27,120 --> 00:10:30,900
Hey, if Captain Shepard is guilty, I'll
be the first in line to prosecute.
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00:10:32,000 --> 00:10:33,000
See you tomorrow night.
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I'll be there.
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00:10:34,980 --> 00:10:37,400
We were flying over the relief convoy
that night.
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00:10:37,660 --> 00:10:39,380
That's before everything went to hell.
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00:10:39,740 --> 00:10:44,260
We saw the rebels. They were in
technicals, pickups with 50 cows, and
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00:10:44,260 --> 00:10:45,260
hitting the convoy.
178
00:10:46,080 --> 00:10:47,660
Was Colonel Connie with the rebels?
179
00:10:47,960 --> 00:10:48,960
Yes, sir.
180
00:10:49,500 --> 00:10:50,960
So you responded?
181
00:10:51,280 --> 00:10:52,520
We fired over their heads.
182
00:10:52,720 --> 00:10:53,800
They began to run.
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00:10:54,120 --> 00:10:57,020
That's when one of them took a pot shot,
so I decided to go after them.
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00:10:57,540 --> 00:10:58,940
Did they continue firing?
185
00:10:59,260 --> 00:11:00,740
They continued to run, sir.
186
00:11:03,600 --> 00:11:06,080
Sounds to me, Captain, like you were
looking to start something.
187
00:11:07,160 --> 00:11:08,940
That would be your opinion, sir.
188
00:11:09,580 --> 00:11:12,140
The rules of engagement were quite
clear.
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00:11:12,760 --> 00:11:17,560
You could employ deadly force only in
the event of a hostile act or hostile
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00:11:17,560 --> 00:11:18,560
intent.
191
00:11:19,000 --> 00:11:20,160
We took fire.
192
00:11:20,760 --> 00:11:23,820
A bullet came right through the helo. I
considered that hostile.
193
00:11:24,080 --> 00:11:28,640
One pot shot does not justify a full
-out counterattack, Captain.
194
00:11:29,180 --> 00:11:32,500
Six men are dead as a direct result of a
decision you made.
195
00:11:32,860 --> 00:11:34,400
Six of my men, sir.
196
00:11:36,920 --> 00:11:39,320
Are you aware of the kind of trouble
you're in, Captain?
197
00:11:39,700 --> 00:11:41,500
I did what I was asked to do.
198
00:11:41,980 --> 00:11:44,600
My men put up a hell of a fight, sir.
199
00:11:44,960 --> 00:11:47,000
Your orders were clear, Captain.
200
00:11:47,760 --> 00:11:51,200
You were to safeguard the relief convoy
no more.
201
00:11:51,440 --> 00:11:58,420
My orders... Those weren't my
202
00:11:58,420 --> 00:11:59,420
only orders, sir.
203
00:12:11,600 --> 00:12:14,240
Are you telling me that Colonel Klesko
ordered you to go after Colonel
204
00:12:14,240 --> 00:12:16,600
McConaughey? I'm saying he suggested it,
sir.
205
00:12:17,040 --> 00:12:19,100
How do you suggest an order, Captain?
206
00:12:20,480 --> 00:12:23,200
Last month, there was a briefing on our
LHA, the Buckner Bay.
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00:12:24,000 --> 00:12:26,200
That's our assault ship off the coast of
Sierra Leone.
208
00:12:27,120 --> 00:12:29,700
On board, Colonel Klesko briefed us on
our orders.
209
00:12:30,680 --> 00:12:31,780
Later, he called me aside.
210
00:12:32,220 --> 00:12:33,220
What did he say?
211
00:12:34,200 --> 00:12:37,640
Colonel Klesko said if you can get a
clean shot of McConaughey within
212
00:12:37,640 --> 00:12:40,260
distance of the rules of engagement, go
for it.
213
00:12:41,740 --> 00:12:45,140
The two prior missions that failed
attempts to capture Makani?
214
00:12:45,520 --> 00:12:47,180
I was following orders, sir.
215
00:12:48,040 --> 00:12:51,280
He went in without armored support,
Captain. You knew the risks?
216
00:12:52,120 --> 00:12:53,120
Yes.
217
00:12:53,740 --> 00:12:55,340
And I've had to live with the results.
218
00:12:57,320 --> 00:12:59,820
I was making cinnamon swirls when I saw
it.
219
00:13:00,140 --> 00:13:06,280
That thing, hovering like some kind of a
possessed insect right outside my
220
00:13:06,280 --> 00:13:10,800
little girl's window. Mom, what's the
big deal? The big deal is your virtue.
221
00:13:11,400 --> 00:13:14,880
Well, my virtue could care less if some
creep wants a picture for his wall.
222
00:13:16,300 --> 00:13:18,860
Vanessa, has anyone made any unwanted
overtures recently?
223
00:13:19,180 --> 00:13:22,840
Guys make overtures all the time,
especially at construction sites.
224
00:13:23,060 --> 00:13:25,560
I'll bet it's one of those pimply
perverts from the video store.
225
00:13:26,120 --> 00:13:29,340
If only your daddy wasn't in the Indian
Ocean.
226
00:13:29,600 --> 00:13:30,600
Mom.
227
00:13:32,380 --> 00:13:35,220
Any particular pimply pervert, Mrs.
Dupre?
228
00:13:36,680 --> 00:13:39,500
What was the name of that boy that came
over?
229
00:13:40,319 --> 00:13:43,280
that did the magic tricks where he was
smelling the magazine.
230
00:13:43,680 --> 00:13:44,800
This is nice, Mom.
231
00:13:45,480 --> 00:13:47,720
Besides, he's visiting his aunt in Sioux
City.
232
00:13:49,380 --> 00:13:50,740
Colonel, how far can that remote go?
233
00:13:51,380 --> 00:13:52,760
Sioux City's a bit of a stretch.
234
00:13:53,220 --> 00:13:55,180
Well, I want this sicko brought up on
charges.
235
00:13:55,380 --> 00:13:58,600
I want you to find him, and when you do,
I want you to throw the book at him.
236
00:13:59,220 --> 00:14:01,160
I will certainly see what I can do.
237
00:14:03,560 --> 00:14:06,860
Sir, I was at the bookstore yesterday,
and if ever there was a book with your
238
00:14:06,860 --> 00:14:09,600
name all over it, it's this one.
239
00:14:10,240 --> 00:14:11,240
It's signed.
240
00:14:11,340 --> 00:14:12,460
Commander of the fleet.
241
00:14:12,760 --> 00:14:14,020
Oh, I got this one, too.
242
00:14:14,260 --> 00:14:15,260
On sale.
243
00:14:16,080 --> 00:14:18,240
Nine secrets of highly effective
lawyers.
244
00:14:18,720 --> 00:14:21,940
Sir, I think you'll find the part about
eye contact and voice projection really
245
00:14:21,940 --> 00:14:25,420
helpful. Is there something wrong with
my vocal projection?
246
00:14:25,920 --> 00:14:27,960
No, sir. You have great timbre.
247
00:14:28,900 --> 00:14:30,560
The eyes, then? No.
248
00:14:31,100 --> 00:14:34,680
No, sir. You have very clear, sharp
eyes.
249
00:14:35,720 --> 00:14:37,620
So it's the seven other secrets?
250
00:14:38,190 --> 00:14:41,770
No, sir. I just overheard some of the
staff talking. You know, you've had a
251
00:14:41,770 --> 00:14:46,690
little bad luck in the courtroom lately,
so I thought... On second thought, sir,
252
00:14:46,730 --> 00:14:49,590
you don't even need this. I'll just take
it back. No, no, no. I'll find a use
253
00:14:49,590 --> 00:14:50,449
for it.
254
00:14:50,450 --> 00:14:53,330
Very thoughtful of you. Thank you.
You're welcome, sir.
255
00:14:54,850 --> 00:14:55,850
Sir.
256
00:14:56,370 --> 00:14:57,189
Oh, hey.
257
00:14:57,190 --> 00:14:58,190
I have this book.
258
00:14:59,070 --> 00:15:02,130
Harriet gave it to me after I lost my
first case.
259
00:15:03,350 --> 00:15:05,270
I pulled Colonel Klesko's record, sir.
260
00:15:05,690 --> 00:15:09,610
It's impeccable. He won the Navy Marine
Corps Medal in Lebanon. His recon
261
00:15:09,610 --> 00:15:12,550
company spearheaded the rescue mission
for the wounded Marines in the barracks
262
00:15:12,550 --> 00:15:15,690
bombings. And he personally helped set
up a medical triage at the airport in
263
00:15:15,690 --> 00:15:18,890
Beirut and spent 72 hours without sleep
helping the medevacs.
264
00:15:19,250 --> 00:15:24,610
So we've got a highly decorated war
hero's ward versus a cowboy who appoints
265
00:15:24,610 --> 00:15:25,610
16th. Thanks.
266
00:15:26,830 --> 00:15:30,710
Captain's case looks kind of weak, sir.
But I did find one thing out. Colonel
267
00:15:30,710 --> 00:15:33,790
Klusko was summoned to the National
Security Subcommittee in a closed -door
268
00:15:33,790 --> 00:15:34,790
hearing last month.
269
00:15:34,990 --> 00:15:35,829
What about?
270
00:15:35,830 --> 00:15:38,970
Well, it's a closed -door hearing, but
isn't that Congresswoman Latham's
271
00:15:38,970 --> 00:15:39,970
committee, sir?
272
00:15:42,610 --> 00:15:47,130
I find it hard to believe you lost any
precincts. Well, this isn't exactly my
273
00:15:47,130 --> 00:15:48,130
get -out -the -vote outfit.
274
00:15:48,850 --> 00:15:50,870
I wouldn't sell the electorate short,
Bobby.
275
00:15:51,270 --> 00:15:53,350
In that outfit, you'd get my ballot.
276
00:15:54,570 --> 00:15:55,570
Hi.
277
00:15:55,850 --> 00:15:59,370
So I understand that Colonel Klesko
appeared before your committee last
278
00:15:59,630 --> 00:16:00,870
Can't a girl have any secrets?
279
00:16:06,800 --> 00:16:10,580
The Marines had casualties, and
committee members were worried we were
280
00:16:10,580 --> 00:16:11,580
in too deep.
281
00:16:11,720 --> 00:16:13,220
So how did you make it go right?
282
00:16:14,320 --> 00:16:18,380
The colonel promised that he'd put an
end to all casualties by reducing our
283
00:16:18,380 --> 00:16:19,580
vulnerability rebel attacks.
284
00:16:20,400 --> 00:16:22,260
Just how did he propose doing that?
285
00:16:22,700 --> 00:16:24,920
We didn't ask, and he didn't say.
286
00:16:25,500 --> 00:16:29,520
Captain Shepard tells me that Colonel
Kolesko ordered him to go after Makani.
287
00:16:29,520 --> 00:16:32,060
was just thinking that would be one way
to stop the attacks.
288
00:16:32,560 --> 00:16:35,400
Harm, I know the colonel. He'd never
issue an order like that.
289
00:16:36,680 --> 00:16:38,060
The colonel's more credible.
290
00:16:39,320 --> 00:16:41,140
That's what I put on my report anyway.
291
00:16:41,440 --> 00:16:43,180
Good. Then you're doing the right thing.
292
00:16:45,640 --> 00:16:48,800
Senator Pick.
293
00:16:49,380 --> 00:16:53,300
Amanda. Lovely to see you this evening,
ma 'am. Thank you. Hello.
294
00:16:53,640 --> 00:16:55,020
Commander. Evening.
295
00:16:55,700 --> 00:16:58,060
Do you know Congresswoman Latham,
Commander Turner?
296
00:16:58,280 --> 00:17:00,140
No. Miss Latham.
297
00:17:01,000 --> 00:17:02,000
It's Bobby.
298
00:17:02,980 --> 00:17:03,980
Pleasure.
299
00:17:04,839 --> 00:17:08,980
Well, I hope we're not interrupting you
and the senator I'm in.
300
00:17:09,520 --> 00:17:12,839
Commander, Turner and I were just
discussing events in Sierra Leone.
301
00:17:13,119 --> 00:17:16,380
Marine Captain loses a few men and
already we're thinking pullout.
302
00:17:17,160 --> 00:17:21,440
Sorry, but what is the point of a
military if we don't use it? Well,
303
00:17:21,440 --> 00:17:25,359
don't think a Marine Captain marching
into an ambush is a good example of
304
00:17:25,359 --> 00:17:26,359
our military.
305
00:17:27,579 --> 00:17:28,980
Don't you agree, Commander Rapp?
306
00:17:30,560 --> 00:17:33,020
Well, I agree we'll never settle this
this evening.
307
00:17:33,820 --> 00:17:34,820
No doubt.
308
00:17:35,140 --> 00:17:38,300
If you will all excuse me, I see someone
that I need to speak to.
309
00:17:38,560 --> 00:17:39,780
Commander Turner, do you mind?
310
00:17:40,020 --> 00:17:40,719
Not at all.
311
00:17:40,720 --> 00:17:42,420
Bobby. Commander. Ma 'am.
312
00:17:44,780 --> 00:17:48,360
May I say, you look stunning in that
dress, Congresswoman. Incoming.
313
00:17:49,040 --> 00:17:50,720
Ah, thank you.
314
00:17:53,660 --> 00:17:54,660
Thank you.
315
00:17:57,830 --> 00:18:00,590
You know, I'm thinking maybe bourbon's a
little more my speed.
316
00:18:01,170 --> 00:18:03,230
Anyone for the bar?
317
00:18:03,510 --> 00:18:04,510
No, we're fine.
318
00:18:05,550 --> 00:18:10,890
Here you go, sir.
319
00:18:13,790 --> 00:18:14,790
Bourbon, please.
320
00:18:15,010 --> 00:18:16,010
Oh, right away.
321
00:18:17,030 --> 00:18:18,030
Well, there you are.
322
00:18:19,370 --> 00:18:20,370
Commander Rabb.
323
00:18:20,710 --> 00:18:21,710
Bourbon?
324
00:18:23,210 --> 00:18:24,650
Major, he will.
325
00:18:25,110 --> 00:18:26,390
It's mister now.
326
00:18:27,070 --> 00:18:29,030
I'm working for the Grefg Corp.
327
00:18:30,330 --> 00:18:33,510
Consulting. Ah, crossed over to the dark
side, huh?
328
00:18:34,270 --> 00:18:35,830
We all do eventually.
329
00:18:39,170 --> 00:18:41,370
I read about this Africa thing.
330
00:18:42,550 --> 00:18:44,190
Heard you're doing the investigation.
331
00:18:44,910 --> 00:18:48,950
I bet everybody's laying the blame right
at that Marine captain's doorstep.
332
00:18:49,410 --> 00:18:52,930
You know, Frank, blame usually flies
with someone, huh?
333
00:18:53,930 --> 00:18:55,550
I wouldn't be so sure.
334
00:19:01,200 --> 00:19:04,660
You didn't serve with Colonel Klesko,
did you?
335
00:19:05,800 --> 00:19:06,800
Yeah.
336
00:19:07,620 --> 00:19:09,660
He was my company commander.
337
00:19:11,960 --> 00:19:15,620
The peacekeeping operation in Lebanon.
338
00:19:17,200 --> 00:19:19,880
83? Year of the barracks bombing.
339
00:19:21,300 --> 00:19:22,320
Sure was.
340
00:19:24,300 --> 00:19:26,680
During your time under him, did he
ever...
341
00:19:28,620 --> 00:19:31,900
Suggest that you operate outside the
rules of engagement.
342
00:19:35,260 --> 00:19:37,540
Things happened in the Bacaw Valley.
343
00:19:40,580 --> 00:19:44,720
After the barracks bombing, people
wanted some payback.
344
00:19:45,160 --> 00:19:46,940
Colonel Kolesko one of those people?
345
00:19:49,140 --> 00:19:54,400
Well, he was a man who could get things
done.
346
00:19:55,690 --> 00:19:59,510
I'm sure it served him very well on his
climb up the ladder.
347
00:20:02,310 --> 00:20:06,490
Whatever happened in Lebanon, would you
be willing to make a statement?
348
00:20:08,790 --> 00:20:12,190
No, I'm not opening that can of worms.
349
00:20:12,910 --> 00:20:16,690
I got two ex -wives and a kid that hates
me to look for.
350
00:20:16,890 --> 00:20:20,830
You know, an officer's career is at
issue here, I could subpoena you.
351
00:20:21,850 --> 00:20:23,830
Then this chat never happened.
352
00:20:28,680 --> 00:20:29,680
I gotta go.
353
00:20:30,720 --> 00:20:32,780
Call me when you lose the uniform.
354
00:20:34,380 --> 00:20:35,380
Commander.
355
00:20:38,240 --> 00:20:40,760
Grab. Got some information for you.
356
00:20:41,120 --> 00:20:42,120
Yes, sir.
357
00:20:42,140 --> 00:20:43,860
Commander, got your report.
358
00:20:44,500 --> 00:20:48,480
As the convening authority, he's decided
to initiate court -martial proceedings
359
00:20:48,480 --> 00:20:49,620
against Captain Deppard.
360
00:20:49,820 --> 00:20:53,480
But, sir, I recommended a letter of
reprimand and non -judicial punishment.
361
00:20:53,920 --> 00:20:57,640
Commander. Six men died. People saw it
on television.
362
00:20:58,419 --> 00:21:01,120
Accountability has to be adrift in a
public forum.
363
00:21:01,500 --> 00:21:03,300
The convening authority doesn't have a
choice.
364
00:21:03,560 --> 00:21:04,920
Well, what are the charges, sir?
365
00:21:05,440 --> 00:21:07,920
Willful dereliction and negligent
homicide.
366
00:21:08,380 --> 00:21:12,860
Six counts of negligent homicide,
Admiral. You could be looking at 18
367
00:21:12,860 --> 00:21:15,820
Leavenworth. It's at the discretion of
the convening authority, Commander.
368
00:21:16,880 --> 00:21:17,880
I'll see you in the morning.
369
00:21:21,120 --> 00:21:24,420
You look like a cat died.
370
00:21:25,610 --> 00:21:27,790
You're going to court -martial Captain
Shepard.
371
00:21:28,270 --> 00:21:29,710
Well, don't tell me you're surprised.
372
00:21:30,290 --> 00:21:31,290
I'm surprised.
373
00:21:31,670 --> 00:21:33,210
You wrote the report on him.
374
00:21:33,550 --> 00:21:34,550
Yeah.
375
00:21:35,130 --> 00:21:36,670
Thinking maybe I made a mistake.
376
00:21:37,070 --> 00:21:38,230
Now you're going to defend the man?
377
00:21:38,830 --> 00:21:41,490
With Captain's consent, that's exactly
what I'm going to do.
378
00:21:50,670 --> 00:21:53,190
So now you want to defend Captain
Shepard.
379
00:21:54,000 --> 00:21:55,600
He's being scapegoated, Admiral.
380
00:21:56,420 --> 00:22:00,380
Six Marines who died in Sierra Leone may
have been killed in Captain Shepard's
381
00:22:00,380 --> 00:22:05,000
raid, but not on his orders. And you're
basing this theory on a drunk in a hotel
382
00:22:05,000 --> 00:22:06,180
men's room?
383
00:22:07,060 --> 00:22:08,420
At the bar, sir.
384
00:22:08,640 --> 00:22:11,260
With your strategy, you can't prove a
verbal order was given.
385
00:22:11,460 --> 00:22:14,980
No, sir, but if Captain Shepard received
an order from Colonel Kolesko off the
386
00:22:14,980 --> 00:22:17,360
record, I'm betting others have received
a similar order.
387
00:22:18,400 --> 00:22:19,400
I understand.
388
00:22:20,200 --> 00:22:23,380
The body of Marine Captain Marcus Sauter
was laid to rest.
389
00:22:24,080 --> 00:22:28,000
His mother's week -long campaign for the
return of her son's remains came to a
390
00:22:28,000 --> 00:22:30,720
close yesterday when the rebels
acquiesced.
391
00:22:32,660 --> 00:22:34,260
His son's finally come home.
392
00:22:34,500 --> 00:22:37,580
This is the sixth funeral at Arlington
in the past two weeks.
393
00:22:38,140 --> 00:22:42,060
Gunnery Sergeant, is it your testimony
that Captain Shepard chose to launch an
394
00:22:42,060 --> 00:22:43,200
attack on Colonel McConaughey?
395
00:22:43,520 --> 00:22:45,840
Yes, sir. Were the rebels engaging at
the time?
396
00:22:46,360 --> 00:22:49,040
No, sir. By the time we chased them,
they had ceased firing.
397
00:22:49,590 --> 00:22:52,470
According to your op order, what were
the rules of engagement?
398
00:22:52,910 --> 00:22:57,030
That we were to fire only when fired
upon or when hostilities were imminent.
399
00:22:57,630 --> 00:23:02,230
So in going after the rebels well after
they ceased to engage, was the captain
400
00:23:02,230 --> 00:23:03,230
exceeding his orders?
401
00:23:03,850 --> 00:23:05,170
Yes, sir, I believe he was.
402
00:23:05,790 --> 00:23:07,010
Can you tell us why he did so?
403
00:23:08,050 --> 00:23:11,910
The captain wanted to get Colonel
McConaughey. We had chased him twice
404
00:23:11,990 --> 00:23:12,990
but he had gotten away.
405
00:23:13,550 --> 00:23:14,810
Captain Shepard was frustrated.
406
00:23:15,530 --> 00:23:16,530
How was this evident?
407
00:23:17,290 --> 00:23:21,190
He pinned up wanted posters in the
company office with the colonel's face
408
00:23:21,190 --> 00:23:24,670
them. We had a bounty. Went up every
week. It was kind of a joke.
409
00:23:25,110 --> 00:23:27,030
We actually got up to 90 bucks.
410
00:23:27,850 --> 00:23:28,850
90 bucks.
411
00:23:30,910 --> 00:23:31,910
90 bucks.
412
00:23:33,670 --> 00:23:35,150
It cost six lives.
413
00:23:36,450 --> 00:23:37,470
Thank you, Gunnery Sergeant.
414
00:23:42,230 --> 00:23:46,490
Gunnery Sergeant, these wanted posters
that you talked about.
415
00:23:46,970 --> 00:23:48,610
Were they on display in the company
office?
416
00:23:48,890 --> 00:23:49,890
Yes, sir.
417
00:23:50,390 --> 00:23:51,950
Did Colonel Klesko see them?
418
00:23:52,250 --> 00:23:53,430
Yes, sir. Everyone saw them.
419
00:23:53,670 --> 00:23:54,990
Did the colonel object to them?
420
00:23:55,350 --> 00:23:56,490
Not that I know of, sir.
421
00:23:56,990 --> 00:24:00,410
You mentioned two previous missions
where Captain Shepard pursued Colonel
422
00:24:00,410 --> 00:24:02,750
McConaughey. Did Colonel Klesko know
about them?
423
00:24:03,130 --> 00:24:07,150
Yes, sir. I was there when Captain
Shepard reported to the colonel. Did he
424
00:24:07,150 --> 00:24:11,510
report that on these two earlier
missions, he continued to pursue the
425
00:24:11,510 --> 00:24:13,170
even after they ceased to engage?
426
00:24:13,710 --> 00:24:15,170
Yes, sir. He reported everything.
427
00:24:15,840 --> 00:24:18,680
Did Colonel Klesko reprimand Captain
Shepard for this?
428
00:24:20,040 --> 00:24:21,040
No, sir.
429
00:24:21,680 --> 00:24:23,280
Thank you, Gunnery Sergeant. That'll be
all.
430
00:24:25,740 --> 00:24:28,520
Colonel Klesko, what were your orders?
431
00:24:29,020 --> 00:24:32,280
Our orders for the mission were to
protect the relief convoys with Cobra
432
00:24:32,280 --> 00:24:34,040
gunships in the air and Marines on the
ground.
433
00:24:34,460 --> 00:24:38,440
Did you give Captain Shepard any
commands, verbal or otherwise, that
434
00:24:38,440 --> 00:24:39,440
countermanded those orders?
435
00:24:39,480 --> 00:24:40,339
I did not.
436
00:24:40,340 --> 00:24:43,560
Were you aware of any previous attempts
to capture Colonel Makani?
437
00:24:44,080 --> 00:24:46,420
And you have no missions with that
expressed intent, no.
438
00:24:46,980 --> 00:24:51,260
When Captain Shepard led the attack on
Colonel McConaughey, did you feel he
439
00:24:51,260 --> 00:24:52,260
exceeded his orders?
440
00:24:55,560 --> 00:24:56,560
Yes, I do.
441
00:24:58,600 --> 00:24:59,600
Thank you, Colonel.
442
00:25:01,680 --> 00:25:02,680
Commander Rabb?
443
00:25:04,320 --> 00:25:08,480
Your Honor, I have no questions at this
time, but I would like the right to
444
00:25:08,480 --> 00:25:10,380
recall this witness at a later date, ma
'am.
445
00:25:11,040 --> 00:25:12,040
Granted.
446
00:25:12,560 --> 00:25:15,100
We'll recess and reconvene here at 0900
tomorrow.
447
00:25:16,380 --> 00:25:19,400
I talked with Staff Sergeant Stipple at
the main gate. He checked the log.
448
00:25:19,680 --> 00:25:22,120
You were the last to leave Friday after
stowing all the equipment.
449
00:25:22,480 --> 00:25:25,540
Well, that's right, ma 'am, but I don't
know how the toy got away from the toy
450
00:25:25,540 --> 00:25:28,400
makers. And, you know, to be quite
honest, these tech guys tend to be a
451
00:25:28,400 --> 00:25:31,480
bit flaky. Major, I have a very good
nose for when people are lying to me.
452
00:25:32,220 --> 00:25:34,480
Colonel, I am not a peeping Tom.
453
00:25:34,720 --> 00:25:36,060
My nose is twitching, Major.
454
00:25:36,320 --> 00:25:40,200
Colonel, the last time I so much as
looked at a 17 -year -old, I was 17.
455
00:25:42,909 --> 00:25:43,909
Okay, 20.
456
00:25:44,110 --> 00:25:46,710
But believe me, I would not surveil a 17
-year -old girl.
457
00:25:47,130 --> 00:25:48,330
What kind of car do you drive?
458
00:25:48,570 --> 00:25:49,570
Ma 'am?
459
00:25:51,030 --> 00:25:52,870
Ford Explorer.
460
00:25:53,870 --> 00:25:57,670
This afternoon I was talking to one of
the flaky tech guys. He was testing an
461
00:25:57,670 --> 00:26:01,330
infrared camera on Friday evening. He
saw a Marine carrying a box to a white
462
00:26:01,330 --> 00:26:02,330
Ford Explorer.
463
00:26:08,110 --> 00:26:11,690
She's been sneaking out late at night
and her grades have been slipping. I was
464
00:26:11,690 --> 00:26:14,970
just borrowing the unit. I just wanted
to catch her. So you set up a
465
00:26:14,970 --> 00:26:15,970
surveillance cam?
466
00:26:16,210 --> 00:26:17,210
I was going to.
467
00:26:17,490 --> 00:26:20,310
I put the unit in the car. Someone broke
in and stole it.
468
00:26:20,730 --> 00:26:23,410
I did not spy on any teenage girl.
469
00:26:24,070 --> 00:26:25,990
Who has access to your car?
470
00:26:27,250 --> 00:26:31,670
Well, I have a wife, four kids and a
dog. They all have access.
471
00:26:32,050 --> 00:26:34,190
Anyone in that group that you could
single out for me?
472
00:26:39,370 --> 00:26:40,770
Only important in high tech.
473
00:26:43,530 --> 00:26:46,270
Son, we need to talk.
474
00:26:49,370 --> 00:26:52,570
Commander, as the Buckner Bays Airboss,
you oversee air operations?
475
00:26:53,070 --> 00:26:54,070
That's correct.
476
00:26:54,090 --> 00:26:58,350
Sir, did you oversee the loading of air
-to -ground rocket pods on the Super
477
00:26:58,350 --> 00:26:59,690
Cobra gunships? Yes, I did.
478
00:26:59,890 --> 00:27:00,910
Who gave that order, Commander?
479
00:27:01,130 --> 00:27:02,490
There was no written order.
480
00:27:02,750 --> 00:27:04,070
Colonel Klesko suggested it.
481
00:27:04,290 --> 00:27:07,350
Well, did he give any kind of
explanation as to why, sir?
482
00:27:07,870 --> 00:27:10,270
He said there was a possibility the boys
might see some action.
483
00:27:12,250 --> 00:27:15,910
Sir, can you explain why internal fuel
bags were loaded onto the Hueys?
484
00:27:16,830 --> 00:27:19,590
Colonel Klesko wanted to maximize the
helo's range.
485
00:27:20,430 --> 00:27:23,750
Why would you need so much range on a
peacekeeping mission, sir?
486
00:27:23,990 --> 00:27:27,250
The colonel said he wanted the helos to
have the flexibility to fly deeper in
487
00:27:27,250 --> 00:27:29,930
country. Was there a written order for
that, Commander?
488
00:27:30,390 --> 00:27:33,130
No. That's the way he wanted the
aircraft configured.
489
00:27:33,790 --> 00:27:34,790
Hmm.
490
00:27:34,890 --> 00:27:37,190
The colonel didn't like to leave a paper
trail, did he, sir?
491
00:27:37,970 --> 00:27:38,970
Objection.
492
00:27:39,570 --> 00:27:40,570
Withdraw.
493
00:27:43,430 --> 00:27:47,290
It was easy. Just dial the frequency on
my dish and voila.
494
00:27:47,930 --> 00:27:48,950
Voila felony?
495
00:27:49,570 --> 00:27:51,370
This isn't a video game, Brad.
496
00:27:51,630 --> 00:27:53,290
Why is it so out of focus?
497
00:27:54,990 --> 00:27:56,130
What were you thinking?
498
00:27:57,390 --> 00:27:58,890
I see Vanessa every day.
499
00:27:59,110 --> 00:28:02,910
She's smart, pretty. Guess I just wanted
to hang out.
500
00:28:03,210 --> 00:28:04,210
You mean hover?
501
00:28:05,410 --> 00:28:06,590
It's what happens now.
502
00:28:06,970 --> 00:28:07,970
You're grounded, mister.
503
00:28:08,110 --> 00:28:09,110
Unplug the computer.
504
00:28:09,190 --> 00:28:10,890
For the next two months, you're going
low -tech.
505
00:28:11,710 --> 00:28:14,190
I'll have a talk with the girl's mother,
but I think you'll need to apologize.
506
00:28:14,850 --> 00:28:16,430
Can I just email her? No.
507
00:28:16,930 --> 00:28:18,750
You're going to have to face the music
like a man.
508
00:28:19,170 --> 00:28:20,170
Your dad's right.
509
00:28:20,710 --> 00:28:22,490
If you want, I can drive over there with
you.
510
00:28:24,810 --> 00:28:27,950
Captain Shepard, why did you lead the
attack on Colonel McConaughey today in
511
00:28:27,950 --> 00:28:28,950
question?
512
00:28:29,690 --> 00:28:31,210
McConaughey had fired on my men, sir.
513
00:28:31,610 --> 00:28:33,950
Is that the only reason you launched an
attack?
514
00:28:35,120 --> 00:28:36,660
I felt that was reason enough, sir.
515
00:28:38,300 --> 00:28:42,460
Captain, did anybody order you to go
after Colonel McConaughey?
516
00:28:49,640 --> 00:28:50,640
Yes, sir.
517
00:28:51,360 --> 00:28:52,820
I received a verbal directive.
518
00:28:53,800 --> 00:28:56,360
From whom did you receive a verbal
directive, Captain?
519
00:28:59,320 --> 00:29:00,600
Colonel Clasco, sir.
520
00:29:00,840 --> 00:29:02,900
And what did Colonel Clasco ask you to
do?
521
00:29:05,360 --> 00:29:08,980
He wanted me to capture Makani. Now,
didn't this contradict the rules of
522
00:29:08,980 --> 00:29:10,120
engagement for the operation?
523
00:29:11,700 --> 00:29:15,360
Colonel Clasco said that if I could get
a clean shot at Makani, I should go for
524
00:29:15,360 --> 00:29:18,300
it. And you understood this verbal
directive, Captain, to be in order?
525
00:29:18,720 --> 00:29:23,900
That was my understanding, sir. In fact,
the naval officer's guide is quite
526
00:29:23,900 --> 00:29:25,400
clear on that point, isn't it, Captain?
527
00:29:25,880 --> 00:29:29,080
Would you please read for the members
the highlighted portion, Captain?
528
00:29:32,650 --> 00:29:37,430
When a senior says, I desire or I wish
or would you please, remember that the
529
00:29:37,430 --> 00:29:42,050
expressed desires or wishes of a senior,
by custom and tradition, are equivalent
530
00:29:42,050 --> 00:29:43,029
to an order.
531
00:29:43,030 --> 00:29:46,390
And, Captain, by this definition, when
you attacked Colonel McConaughey and the
532
00:29:46,390 --> 00:29:49,430
Rebel, you believed you were following
orders. Is that correct?
533
00:29:50,150 --> 00:29:51,150
Yes, sir.
534
00:29:51,250 --> 00:29:53,010
Thank you, Captain. Nothing further, ma
'am.
535
00:29:53,950 --> 00:29:57,290
I believe the officer's guide also calls
for one to seek clarification when
536
00:29:57,290 --> 00:29:58,490
receiving such verbal orders.
537
00:29:58,990 --> 00:30:00,470
Did you get clarification, Captain?
538
00:30:01,450 --> 00:30:03,950
I didn't see anything unclear about the
directive, sir.
539
00:30:04,390 --> 00:30:06,490
So then you heard what you wanted to
hear.
540
00:30:07,190 --> 00:30:08,310
Rejection, argumentative.
541
00:30:08,510 --> 00:30:12,870
Withdrawn. Captain, did you want to
capture Colonel Makani?
542
00:30:15,210 --> 00:30:16,210
Yes, I did.
543
00:30:16,850 --> 00:30:17,950
We all did, sir.
544
00:30:18,170 --> 00:30:21,050
Of course you did. You even put up your
unwanted posters, didn't you? I was
545
00:30:21,050 --> 00:30:22,690
lighting a fire under my men.
546
00:30:23,510 --> 00:30:25,750
I wanted to execute my orders, sir.
547
00:30:25,990 --> 00:30:28,530
Ah, yes, the famous verbal orders. I
find it odd.
548
00:30:29,040 --> 00:30:32,040
No other company commander reported
receiving any verbal orders from Colonel
549
00:30:32,040 --> 00:30:35,460
Klesko. Certainly not orders to attack a
warlord.
550
00:30:35,660 --> 00:30:36,840
Can you explain that, Captain?
551
00:30:39,040 --> 00:30:40,040
No, sir.
552
00:30:40,620 --> 00:30:41,620
Try, Captain.
553
00:30:42,280 --> 00:30:45,320
Why do you think you alone received this
verbal directive?
554
00:30:47,400 --> 00:30:50,820
I guess none of the other commanders had
experience under fire, ma 'am.
555
00:30:59,400 --> 00:31:00,520
Ten years, Counselor.
556
00:31:01,380 --> 00:31:03,460
My client's not doing time, Sturgis.
557
00:31:03,920 --> 00:31:07,500
We'll plead to dereliction, dismissal of
the judge, but no confinement.
558
00:31:08,080 --> 00:31:09,760
We are talking negligent homicide.
559
00:31:10,820 --> 00:31:12,160
Careful, Hart. Don't overreach.
560
00:31:13,620 --> 00:31:16,880
I'll present it to him, but you Southern
members were reaching just fine.
561
00:31:21,720 --> 00:31:25,080
Colonel, you ordered your Cobra's arm
with missiles and your Hueys to carry
562
00:31:25,080 --> 00:31:26,420
extra fuel. Is that correct?
563
00:31:26,880 --> 00:31:27,880
Yes, that's right.
564
00:31:28,090 --> 00:31:30,950
Why would you arm your helos for combat,
sir, on a peacekeeping mission?
565
00:31:31,290 --> 00:31:33,390
I was in Lebanon when the barracks was
bombed.
566
00:31:34,610 --> 00:31:38,150
People worried that our men were trigger
-happy, so sentries had rifles with
567
00:31:38,150 --> 00:31:39,150
empty magazines.
568
00:31:39,950 --> 00:31:41,050
We know what happened.
569
00:31:42,430 --> 00:31:43,630
283 Marines died.
570
00:31:44,690 --> 00:31:47,610
I vowed never to let such a tragedy
occur on my watch.
571
00:31:50,830 --> 00:31:54,910
Based on intel reports, did you expect
Captain Shepard to encounter Colonel
572
00:31:54,910 --> 00:31:56,290
McConaughey the night of the raid, sir?
573
00:31:56,730 --> 00:31:57,850
There was a strong possibility.
574
00:31:58,390 --> 00:32:00,030
Did you want McConaughey captured,
Colonel?
575
00:32:00,590 --> 00:32:03,550
Yes, as long as it could be done within
the rules of engagement.
576
00:32:03,850 --> 00:32:07,730
Within spitting distance of the rules of
engagement. Those were your words,
577
00:32:07,750 --> 00:32:08,750
weren't they, Colonel?
578
00:32:08,830 --> 00:32:13,650
Yes. And didn't you also tell Captain
Shepard, sir, that if he could get a
579
00:32:13,650 --> 00:32:15,610
shot at Colonel McConaughey, he should
take it?
580
00:32:15,830 --> 00:32:17,070
I said something to that effect.
581
00:32:17,330 --> 00:32:21,990
So, Colonel, you were, in fact, widening
the rules of engagement. Rules are open
582
00:32:21,990 --> 00:32:22,990
to interpretation.
583
00:32:25,770 --> 00:32:27,270
Thank you, Colonel. That will be all,
then.
584
00:32:30,350 --> 00:32:31,350
Redirect, Your Honor.
585
00:32:31,590 --> 00:32:32,630
Proceed, Counselor.
586
00:32:32,990 --> 00:32:36,970
Colonel, please define for us what you
mean by a clean shot.
587
00:32:37,210 --> 00:32:41,650
A clean shot means acting aggressively,
but safely, in the best interest of your
588
00:32:41,650 --> 00:32:42,650
people.
589
00:32:42,890 --> 00:32:46,470
It doesn't mean charging into an ambush
on some quest for vengeance.
590
00:32:56,659 --> 00:32:58,880
But you can't meet me in my office.
591
00:33:08,200 --> 00:33:12,640
You're defending the man who killed my
son.
592
00:33:13,740 --> 00:33:17,000
Ma 'am, I... You're just doing your job,
Commander. I know that.
593
00:33:17,580 --> 00:33:19,320
It's your client I'm questioning.
594
00:33:20,480 --> 00:33:25,770
When they came to my door, in their
uniforms, with their hats in their hand,
595
00:33:25,770 --> 00:33:26,770
asked him one thing.
596
00:33:27,670 --> 00:33:31,230
Why did my son have to die for nothing?
597
00:33:31,850 --> 00:33:33,870
He was on a peacekeeping mission.
598
00:33:34,190 --> 00:33:35,049
I'm sorry.
599
00:33:35,050 --> 00:33:36,570
Commander, I don't need your apologies.
600
00:33:37,310 --> 00:33:38,490
I want an answer.
601
00:33:42,490 --> 00:33:47,570
At least one person was willing to try
and give me an answer.
602
00:33:48,370 --> 00:33:54,070
Had the decency to... Read that letter.
603
00:33:57,420 --> 00:33:58,760
You want to know the saddest part?
604
00:34:00,900 --> 00:34:04,000
Congresswoman Bobby Latham isn't even in
the military.
605
00:34:05,120 --> 00:34:08,260
There was no reason for her to feel that
she had to apologize to me and my
606
00:34:08,260 --> 00:34:09,260
family.
607
00:34:09,520 --> 00:34:11,659
She didn't have to write me that letter.
608
00:34:13,260 --> 00:34:14,260
No, she didn't.
609
00:34:31,310 --> 00:34:32,310
All right, bud, go ahead.
610
00:34:32,330 --> 00:34:35,310
Mr. I spoke with the communications
officer from the Buckner Bay.
611
00:34:35,570 --> 00:34:39,690
Colonel Klesko received a series of
encrypted messages, speak hats, from
612
00:34:39,690 --> 00:34:41,810
Congresswoman Latham. Did you get
copies?
613
00:34:42,389 --> 00:34:45,889
Yes, sir. They were sent through the
Flint Hill comms. They're being
614
00:34:45,889 --> 00:34:49,670
now. Well, I'll make the call to the
judge, bud. Looks like we'll be adding
615
00:34:49,670 --> 00:34:52,130
another name to that witness list. Nice
work, Lieutenant.
616
00:34:52,969 --> 00:34:53,969
Morning, Frank.
617
00:34:55,670 --> 00:34:56,670
What do you want?
618
00:34:56,810 --> 00:34:59,790
You had a pretty promising career going
in the Marine Corps.
619
00:35:00,380 --> 00:35:03,660
Whatever happened in Lebanon, you were
the one that Colonel sent in, weren't
620
00:35:03,660 --> 00:35:04,660
you? Wow, you're quick.
621
00:35:05,480 --> 00:35:07,660
What did Colonel Klesko ask you to do,
Frank?
622
00:35:09,720 --> 00:35:12,680
You probably spent the last 20 years
with nightmares, Frank.
623
00:35:14,600 --> 00:35:18,100
Don't have somebody else spend 18 years
in Lebanon for the same reason.
624
00:35:18,380 --> 00:35:19,880
I'm not helping you, Commander.
625
00:35:20,260 --> 00:35:21,260
Then help yourself.
626
00:35:24,100 --> 00:35:25,440
Help yourself, Frank.
627
00:35:28,840 --> 00:35:32,880
Our peeping Tom turned out to be a
hormonal 13 -year -old. I'm recommending
628
00:35:32,880 --> 00:35:36,740
non -punitive letter of caution for
Major Milan. He did intend to return the
629
00:35:36,740 --> 00:35:37,740
drone unit to the base.
630
00:35:38,100 --> 00:35:39,100
What about the boy?
631
00:35:39,740 --> 00:35:42,040
I'm afraid he's facing a more serious
punishment.
632
00:35:42,960 --> 00:35:45,600
You haven't met the mother of the girl
he spied on.
633
00:35:49,720 --> 00:35:51,540
You subpoenaed me to testify.
634
00:35:52,710 --> 00:35:56,410
Well, Colonel Klesko did appear before
your committee. I thought you might have
635
00:35:56,410 --> 00:35:58,410
some additional information you wanted
to share.
636
00:35:58,670 --> 00:36:01,550
We have no secrets, Harm. You know what
I know.
637
00:36:02,530 --> 00:36:04,170
I'll do what I have to, Bobby.
638
00:36:05,010 --> 00:36:06,830
Well, then consider me a hostile
witness.
639
00:36:11,090 --> 00:36:14,290
Congresswoman Latham, when Colonel
Klesko appeared before your committee
640
00:36:14,290 --> 00:36:18,790
month, he promised to cut casualties in
Sierra Leone. Did he say, ma 'am, how he
641
00:36:18,790 --> 00:36:22,330
planned to do that? No. Did you have any
suggestions for the colonel?
642
00:36:22,640 --> 00:36:23,780
It's out of my hands, Commander.
643
00:36:24,140 --> 00:36:26,700
Well, it's certainly not out of your
sphere of influence, is it?
644
00:36:27,940 --> 00:36:31,220
Do you know what a speedcat
communicates, ma 'am? Special attention
645
00:36:31,220 --> 00:36:33,380
eyes only. Yes, I'm familiar with
speedcats.
646
00:36:33,620 --> 00:36:38,200
I know you are. You've sent several to
Colonel Kolesko over the past month. We
647
00:36:38,200 --> 00:36:41,260
obtained them through the Naval
Communications Center in Maryland.
648
00:36:42,000 --> 00:36:46,780
For October, Colonel, it's clear that
McConaughey has become a problem. If we
649
00:36:46,780 --> 00:36:51,100
can take him without going in as an
occupying force, let's do it.
650
00:36:52,430 --> 00:36:56,190
6 October. Colonel, this most recent
failure to capture Colonel McCartney is
651
00:36:56,190 --> 00:36:58,270
causing unrest in the committee.
652
00:36:59,290 --> 00:37:00,310
10 October.
653
00:37:00,990 --> 00:37:05,490
Colonel, polls indicate capturing
McCartney would give our cause a PR
654
00:37:07,390 --> 00:37:10,550
You were applying pressure to capture
Colonel McCartney, weren't you? There
655
00:37:10,550 --> 00:37:12,390
many who wanted to see McCartney
arrested.
656
00:37:12,630 --> 00:37:16,970
The U .N. Secretary General among them.
Yes, but the U .N. Secretary General
657
00:37:16,970 --> 00:37:20,170
can't help a colonel's career quite like
a powerful congresswoman can.
658
00:37:20,570 --> 00:37:21,910
Objection. Withdrawn.
659
00:37:22,230 --> 00:37:23,230
Nothing further, ma 'am.
660
00:37:26,190 --> 00:37:32,070
Congresswoman, did you ever order
Colonel Klesko to take any action
661
00:37:32,070 --> 00:37:33,810
Colonel McConaughey? I'm a civilian
commander.
662
00:37:34,570 --> 00:37:37,050
Giving orders is not in my job
description.
663
00:37:37,810 --> 00:37:38,910
Thank you, Congresswoman.
664
00:37:40,450 --> 00:37:41,890
Congresswoman, you're excused.
665
00:37:45,030 --> 00:37:48,470
The defense would like to recall Colonel
Klesko at this time, ma 'am.
666
00:37:49,190 --> 00:37:53,450
Colonel, do you recall receiving
messages from Congresswoman Latham? Yes.
667
00:37:54,470 --> 00:37:57,350
Did they have any bearing on your
decision -making, sir?
668
00:37:57,590 --> 00:38:00,290
I don't let politicians determine field
decisions, Commander.
669
00:38:00,730 --> 00:38:04,650
Despite the fact, Colonel, that your
mission in Africa was highly dependent
670
00:38:04,650 --> 00:38:05,650
Congressional support.
671
00:38:06,250 --> 00:38:07,430
Congressional support is important.
672
00:38:07,770 --> 00:38:11,630
So much so, sir, that you promised
Congress to limit casualties in Sierra
673
00:38:11,710 --> 00:38:12,710
didn't you, sir? Yes.
674
00:38:12,970 --> 00:38:16,010
How did you plan to do that, Colonel?
Did you cut back on missions?
675
00:38:16,350 --> 00:38:18,010
I chose more proactive measures.
676
00:38:18,360 --> 00:38:20,140
Like configuring helos for combat.
677
00:38:20,380 --> 00:38:21,540
I thought it was a good policy.
678
00:38:22,380 --> 00:38:25,500
Now, Congresswoman Latham wrote to you,
Colonel.
679
00:38:27,100 --> 00:38:31,460
Polls indicate capturing Makani would
give our cause a PR boost.
680
00:38:32,260 --> 00:38:36,260
Some PR to have Congresswoman Latham
standing next to Colonel Makani in
681
00:38:36,260 --> 00:38:37,260
handcuffs, wouldn't it?
682
00:38:37,620 --> 00:38:40,600
Almost worth sending Captain Shepard on
a hunting expedition.
683
00:38:41,220 --> 00:38:43,100
Objection. I'd like to respond to that.
684
00:38:43,400 --> 00:38:44,400
Please.
685
00:38:46,040 --> 00:38:48,910
Commander. I encourage my people to be
aggressive.
686
00:38:49,390 --> 00:38:53,010
But if you're asking if I ever gave
Captain Shepard a verbal order to hunt
687
00:38:53,010 --> 00:38:54,870
Colonel Makani, the answer's no.
688
00:38:57,270 --> 00:39:03,350
Are you familiar, Colonel, with an
incident in Lebanon in 1983 in the
689
00:39:03,350 --> 00:39:08,930
Valley where a Marine recon unit was
sent to attack a Hezbollah guerrilla
690
00:39:08,930 --> 00:39:10,490
in his home?
691
00:39:10,890 --> 00:39:13,090
He was killed along with his family.
692
00:39:13,490 --> 00:39:14,770
Objection, Your Honor. Relevant?
693
00:39:15,420 --> 00:39:18,720
Colonel's career in Lebanon has no
bearing here. It goes to pattern of
694
00:39:18,920 --> 00:39:22,460
Colonel Klesko opened this avenue, ma
'am, in previous testimony when he spoke
695
00:39:22,460 --> 00:39:23,540
of his tour in Lebanon.
696
00:39:23,980 --> 00:39:24,980
I'll allow it.
697
00:39:26,480 --> 00:39:27,980
I remember such an incident.
698
00:39:28,260 --> 00:39:32,340
The second lieutenant under your
command, sir, while you were captain,
699
00:39:32,340 --> 00:39:37,380
Sewell, led the attack on the Hezbollah
leader on verbal orders from you, sir.
700
00:39:37,480 --> 00:39:38,480
Isn't that correct?
701
00:39:42,670 --> 00:39:46,470
I can call Frank Sewell in here now, and
he will testify to that fact, sir.
702
00:39:47,450 --> 00:39:48,790
That won't be necessary.
703
00:39:50,550 --> 00:39:53,230
I ordered Lieutenant Sewell to attack
the Hezbollah leader.
704
00:39:53,670 --> 00:39:58,670
The man was responsible for bombing the
Marine barracks, for killing 283 of our
705
00:39:58,670 --> 00:40:01,690
people. According to our intelligence,
he was supposed to be alone.
706
00:40:03,270 --> 00:40:04,730
I regret that he wasn't.
707
00:40:05,650 --> 00:40:11,290
Colonel, right or wrong, it was an
unprovoked attack in violation of the
708
00:40:11,290 --> 00:40:12,290
of engagement.
709
00:40:12,510 --> 00:40:13,990
I did what I thought was necessary.
710
00:40:14,230 --> 00:40:17,290
But, Colonel, you just testified that
you would never tell your men to do
711
00:40:17,290 --> 00:40:19,270
anything that would contravene a
standing order.
712
00:40:19,910 --> 00:40:23,830
Now, that wasn't exactly true in
Lebanon, was it, sir? Not exactly, no.
713
00:40:24,050 --> 00:40:28,470
No, sir, and despite previous testimony,
it wasn't true in Sierra Leone, either,
714
00:40:28,510 --> 00:40:29,510
was it?
715
00:40:30,610 --> 00:40:35,590
No. When Captain Shepard led the raid on
Colonel Makani, he did so at your
716
00:40:35,590 --> 00:40:39,490
expressed desire and your complete
knowledge, didn't he, Colonel?
717
00:40:45,140 --> 00:40:47,320
Yes. Thank you, sir. Nothing further.
718
00:40:47,920 --> 00:40:50,400
I did what I thought was necessary.
719
00:40:58,280 --> 00:41:00,180
The accused and counsel will rise.
720
00:41:03,940 --> 00:41:05,440
You may publish your finding.
721
00:41:07,460 --> 00:41:08,720
Captain William Shepard.
722
00:41:09,360 --> 00:41:13,200
On the charge and specification of
willful dereliction of duty, this court
723
00:41:13,200 --> 00:41:14,660
you not guilty.
724
00:41:15,580 --> 00:41:20,820
On the charge and specification of
negligent homicide, this court finds you
725
00:41:20,820 --> 00:41:23,100
guilty. This court is dismissed.
726
00:41:26,040 --> 00:41:27,040
Thank you, Commander.
727
00:41:27,240 --> 00:41:30,440
Congratulations, Captain. Now go home
and spend time with your family. It's an
728
00:41:30,440 --> 00:41:31,440
order. Aye, aye, sir.
729
00:41:32,700 --> 00:41:33,700
Thank you so much.
730
00:41:34,320 --> 00:41:35,320
Congratulations, Tom.
731
00:41:35,800 --> 00:41:37,320
I don't mind too much losing this one.
732
00:41:37,660 --> 00:41:38,660
Cheers.
733
00:41:40,270 --> 00:41:41,290
Good job. Thank you.
734
00:41:46,370 --> 00:41:46,930
I
735
00:41:46,930 --> 00:41:56,370
defended
736
00:41:56,370 --> 00:42:01,930
my client. It's the only picture I'm
allowed to see.
737
00:42:03,540 --> 00:42:06,540
Peacekeeping may be unpopular harm, but
it's the right thing to do. Colonel
738
00:42:06,540 --> 00:42:10,920
Klesko was one of the few who understood
that. This wasn't a campaign stop,
739
00:42:11,200 --> 00:42:12,400
Congresswoman Latham.
740
00:42:14,220 --> 00:42:15,220
You're his friend.
741
00:42:15,280 --> 00:42:17,120
Maybe you can talk some sense into him.
742
00:42:17,640 --> 00:42:19,400
With all due respect, ma 'am, I agree
with him.
743
00:42:19,900 --> 00:42:22,000
You can't do peacekeeping when there's
no peace to be kept.
744
00:42:22,260 --> 00:42:25,900
Look, I'm not against humanitarian
missions, Bobby, but I am against...
745
00:42:26,430 --> 00:42:30,230
Politician, sending people into combat
and not giving them the chance to defend
746
00:42:30,230 --> 00:42:34,130
themselves. I'm not apologizing for what
I did harm. Do you think the military
747
00:42:34,130 --> 00:42:38,990
is the only place where superiors
suggest courses of action and leave you
748
00:42:38,990 --> 00:42:39,990
interpret the rest?
749
00:42:40,510 --> 00:42:43,710
Are you telling me that somebody else
told you to send those messages?
750
00:43:00,840 --> 00:43:02,220
I know you had a job to do, Commander.
751
00:43:03,660 --> 00:43:04,660
There's going to be an inquiry.
752
00:43:06,720 --> 00:43:07,720
Yes, sir, I've heard.
753
00:43:09,220 --> 00:43:10,360
I might need a good lawyer.
754
00:43:11,320 --> 00:43:12,680
You know where to find me, Colonel.
755
00:43:17,360 --> 00:43:21,080
Sir, I was thinking of stopping by the
Oak Club on the way home. Can I buy you
756
00:43:21,080 --> 00:43:22,080
drink?
757
00:43:22,520 --> 00:43:23,520
No, thanks, Commander.
758
00:43:24,180 --> 00:43:25,640
I have five more visits to make.
759
00:43:27,000 --> 00:43:28,420
Well, if you'd like some company,
Colonel.
760
00:43:30,240 --> 00:43:32,780
This is one mission that can't be
delegated or shared commander.
761
00:43:35,600 --> 00:43:36,640
We'll have that drink someday.
60408
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