All language subtitles for JAG S07E19 First Casualty

This is Sierra Tango 6.

Media support, re -designate position.

Check out.

Roger, Sierra Tango 6. Word inbound.

Roger that.

Glad things worked out for you, bud. I'm
sure you are, sir. Excuse me,

Lieutenant. The Admiral would like to
see you. Thank you, Tyner.

Not you, ma 'am. Lieutenant Roberts.

Uh, now?

Just as soon as he's done with the
Commander and the Colonel, sir.

Thank you, Tyner.

Special Ops tracked Mustafa Atif, an Al
-Qaeda leader, to a remote village in

the mountains of Afghanistan.

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

I've seen the reports, sir. Four Afghan
civilians were killed and three SEALs

wounded. And so was Stuart Dunstan.

Stuart Dunstan? On a combat mission?

Some knucklehead had the bright idea
that a TV correspondent would give the

good PR.

This aired two hours ago.

More questions today about the SEALs'
ill -fated mission in Jawaharlal.

Al -Qaeda chief Mustafa Atif escaped.

CNN has now learned that of the nine
Afghans killed, four were civilians.

What's the explanation for this
collateral damage?

None as yet. The Navy is not talking.

This is Stuart Dunstan.

Central Command confirms there's
civilian casualties.

You two investigate.

That'll be all.

Aye, sir.

Aye, sir.

Tyner, I'm ready for Roberts.

Aye, sir.

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

He sleeps through a trial and gets the
med? Would that be fair? If you're

pumping me for information, Lieutenant,
I don't know anything.

Can you imagine Roberts in Naples? I bet
he puts ketchup on his pasta.

Bud's going to Italy?

Unconfirmed rumor.

I butt my butt and he babysits his kid.

Sir, ma 'am?

Bud? Lieutenant?

Nothing wrong with being a family man,
Lieutenant.

Or playing your family for all they're
worth, sir. Bud doesn't play his family,

Lieutenant.

Maybe I should get a dog.

Pitbull.

At ease.

Well, Mr. Roberts, your orders came
through, Lieutenant.

Yes, sir.

The USS Seahawk.

Thank you, Admiral.

Wow, I guess you really can't go home
again.

Only this time as carrier judge advocate
for 5 ,000 crewmen.

It's a dream assignment, sir.

Sea duty in time of war, Lieutenant,
would be great for your record. And

do a fine job.

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

Aye, aye, sir.

And Admiral, thank you for your
confidence in me.

Last time I was deployed, I didn't have
a family.

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

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

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

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

You authorized the mission, Commander
Curry?

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

Mustafa Atif was purported to be in
Jawa, Chile, with just a small group of

bodyguards. What happened?

The bodyguards turned out to be a
heavily armed Taliban squad just waiting

our assault force.

If we hadn't have gotten a gunship in
there, it would have been a slaughter.

Coffee? Sure.

Why was Dunstan with your men, anyway?

It wasn't my idea. One of my bosses.

The order came from Joint Special Ops
Command.

Any idea who?

I asked.

A one -star told me he came straight
from the top. That's when I stopped

If Dunstan hadn't been there, would
things have gone down differently?

At least one thing, Commander.

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

So Dunstan didn't get in the way?

You'll have to ask Lieutenant Lassovic.

Sounds to me like you were ambushed.

Yes, sir.

We were lying to Elman as a surprise,
but they were waiting for us.

How did Lieutenant Lassovic respond,
Petty Officer Hamilton?

By the book, ma 'am.

No radio transmission?

Not until we took fire, Colonel.

Did you maintain radio silence?

From the moment we left Canahar until we
were ambushed, sir.

What about Stuart Dunstan? Was he a
distraction?

He's got a lot of mouth.

What about Dunstan? Did he cause any
problems?

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

Bragging about all the action he'd seen.

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

Well, that sounds like Dunstan.

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

Dunstan saved my life.

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

That's how he got shot.

We watched tapes of his broadcast.

He never reported that.

I guess he's modest, man.

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

Rav, you know me. I try and report the
news, not make it. I seem to remember

during Desert Storm dodging missiles on
live TV stories and loving every minute

of it.

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

Besides, the real heroes are the SEALs.

Too bad they had such lousy
intelligence.

Meaning? Too few men inserted into an
area with too many Taliban.

Plus, we know Mustafa Atif escaped, so
the mission fails.

The SEALs suffer three casualties and
kill four innocent civilians.

Take a seat.

Intel is never perfect in combat.

Yes, I know, Colonel, the fog of war.

But tell me this.

Why didn't Commander Curry send a
reconnaissance drone over the area

sending his men in?

Predator they were scheduled to use had
been reported shot down the day before.

Well, that should have told them
something.

Hey, Jimmy. Oh, this is Jimmy Baker, my
associate producer. This is Colonel

McKenzie and Commander Rabb.

Hello.

Coffee?

Please. Oh, let me do that, Stuart.

Thank you.

Ginny learned to make Turkish coffee and
Mombar Mashi while studying in Egypt.

I also learned five languages, Stuart.

Sorry.

Cairo University is renowned for its
language program.

And its exotic locale.

One of the benefits of having a father
in the Foreign Service. I grew up in

London, but we traveled everywhere.

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

All I do is translate cables, charter
planes, and rent an occasional camel.

Stuart is the one who risks his life.

Mac, we don't let the media decide when
one of our officers in charge is guilty

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

from. Dunstan shouldn't even have been
on a mission in the first place. Why

Military actions are the public's
business.

Here we go again.

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

there's a big difference.

We have to account for our actions all
the way up the chain of command.

Who polices the media? In our system, no
one, except maybe the public. The media

are the public's eyes and ears.

And its mouth.

Didn't we have this debate about a
thousand years ago? Third year at the

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

influence, according to him. No, not
entirely.

And we can't expect the media to be our
cheerleaders. And we shouldn't blame the

media when we screw up.

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

Commander. Colonel.

Commander, we haven't reached a
conclusion yet. We're still in

Oh, then you need to see this.

We had an intel collection squad sweep
the area.

The register on your video phone shows a
satellite transmission 51 minutes

before the assault force was attacked.

I called in. The assignment desk needed
to know if they were getting a stand -up

or not.

You were under orders not to call
anybody unless cleared by Lieutenant

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

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

Hamilton.

Really? You knew you screwed up. You
didn't want to draw attention to your

conduct on the mission.

Come on, Rab. What did I do? Phone home?
Your call could have been picked up by

the Taliban.

Not unless they hijacked an AWAC. These
guys are riding horses and sending smoke

signals. We're going to need all your
network's records of your activities in

Afghanistan.

You two ever hear of the First
Amendment?

You can't impede an investigation by
yelling free press.

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

The news media are the best friends we
have.

I know a lot of senior officers that
would disagree with that, Mr. Secretary.

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

Today, if you want appropriations for
the Joint Strike Fighter, take a network

correspondent for a ride in an F -18.

Congress threatening to cut back the
Marines' budget? Let a reporter drive a

tank.

This isn't about appropriations, sir.

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

Problem is, the media bite back.

Do you know who's called me already
today?

No. Who knows that?

The Secretary of Defense.

the Secretary of State, and the
President's chief political advisor.

And do you know why?

Because two JAG officers, who should
know better, have been harassing a well

-known war correspondent.

This isn't harassment, Mr. Secretary.

Dunson might have been responsible for
three SEALs being seriously injured and

four innocent civilians being killed.

Well, let's say he was.

Let's say that his call was somehow
picked up by the Taliban while they were

roasting goat sprains over an open fire.

How would you prove it? Where would you
prove it? Sir, we're all aware that

there is a jurisdiction problem here.

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

He's not even a member of the military.

That may be true, sir. He's not a
foreign terrorist we can ship off to

Guantanamo, is he?

No, sir. Or try and secret on some ship?

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

Then he is beyond our reach.

That's not entirely true, Mr. Secretary.

Title 10, Article 802. Anyone who
accompanies an armed force into the

during wartime is subject to military
justice.

Do you want a court -martial, Stuart
Dunstan?

Possibly, sir. On grounds of disobeying
a direct order in combat.

A .J., you approve of this?

I take recommendations from my senior
staff very seriously, sir.

Do you know the mudstorm that is going
to hit us?

Respectfully, sir, our job is to follow
the evidence wherever it may lead.

Great. That's just great.

Are you going after anyone else I should
know about? Dan Rather? Tom Brokaw?

No, sir.

But someone who should be taken to task
is the person who authorized this

mission in the first place.

Really?

That would be me.

What the hell is this?

A subpoena. From a military court?

News flash.

I'm not in the Navy.

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

The military is just plain paranoid
about the media. With good reason.

Rab. We're getting briefings in hotel
lobbies. You don't let us near the scene

when there are friendly fire casualties.

And then you wonder why we don't buy
everything you try to sell us. I don't

wonder, Stuart. I don't care.

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

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

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

Really? It seems a certain magazine
reporter was given inside information on

invasion of Panama on December 89.

After a few drinks at the office
Christmas party, he let the information

Mistakes will happen.

Mistakes like those cost people's lives.

You're required to turn over phone logs,
videotapes, and all other documents

related to the mission. You can start
with the tape of your staff call.

Excuse me, Stuart. I finished
translating the Al Jazeera broadcast.

Ginny, get me somebody from legal down
here. Right away.

Your lawyers can move to quash the
subpoena, but they'll lose.

I don't get you two.

You've been around.

You ought to know how this town works.

Rule number one.

Never attack the guy with the
microphone.

He always gets the last word.

We entered at 2200 Dulu, about eight
clicks north of Jawarki Lake.

The VNN Bureau logged Dunstan's call
about two hours later.

I remember him creeping behind some
boulders. He said he had to use the

facilities. He even borrowed my e -tool.

Take a look.

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

Yeah, you'll get them flown in
specially, after we get your stand -up.

hold your breath. Taliban are more
scarce around here than strippers in

Kandahar. Back post this.

That's not time code.

33 degrees 7 minutes, 6 seconds north,
69 degrees 54 minutes, 7 seconds east.

Geographic coordinates.

Anybody picking this up would know the
exact location of the seals.

There's no proof that Dunstan's
transmission was intercepted.

Let's take a look at the rest.

Have they told you where you're headed?

It's an admission he knew about the
orders and willfully violated them.

Still no nexus between the call and the
ambush.

What's all this lawyer talk about,
Commander?

Means it's not going to be easy finding
someone to file charges.

And even harder to prove them.

Wow,

French. Yeah, well, I'll be getting sea
pay and hazardous duty pay.

And I'll be on fast track to make
lieutenant commander.

Looks beautiful. Here you are, sweetie.

Thank you.

Honey, sea duty is just the beginning.

My next orders could be to battle group
Jag.

Cheers.

Cheers.

I thought that this is what you wanted.

I did.

I do.

But now it's just seeming very real
suddenly.

Honey, I'm going to miss you too.

It's a two -year assignment.

Six -month deployment on the Seahawk.

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

Well, the ones we do have will be all
the sweeter.

Some husbands...

Foreign ports.

They get lonely.

Oh, no, no, never.

Never.

What about dinner?

He can wait.

Admiral, I was hoping to see you.

What is it, Lieutenant?

Now that Roberts is transferring out, I
was just wondering... Commander Rabb

will be dividing up Roberts' account.

Yes, sir. I just thought, sir, the
Crawford court -martial, Roberts hasn't

much time to work it out. Perhaps I
should dig into it.

Crawford.

I thought we were farming out Crawford
to NLSO in Naples. Isn't it a simple UA?

Not so simple, sir.

Crawford went UA, got drunk, busted up
Una Batola, stole a Vespa, rode it into

the Mediterranean, caused quite a fuss
over there.

Una Batola?

Angling for a trip to Naples,
Lieutenant?

I have been studying Italian, sir.

Excuse me, sir.

The commander and the colonel are
waiting for you.

Lieutenant? Thank you, Turner.

Anytime, sir.

Read your report. Any precedent for the
military going after a journalist?

Well, sir, Abraham Lincoln wanted to
prosecute a New York Times editor for

publishing troop movements during the
first battle of Bull Run.

And for encouraging Union soldiers to
desert, but Lincoln decided against it.

There was also an incident in the War of
1812.

War of 1812?

Yes, sir. After the battle for New
Orleans, General Andrew Jackson ordered

newspaper editor, court -martialed, sir,
for publishing a story that hadn't been

approved. The war ended and the
prosecution was dropped.

Recommendations? Under Section 802... I
know.

Dunstan was with an armed force during
time of war and in theory is subject to

military justice.

Yes, sir.

But he had no commanding officer.

Who has the authority to convene such a
poor marshal? Well, under Section 22A of

the UCMJ, sir, there is one person.

Yes, Mr. President.

That's right, Lincoln never did, and the
newspapers kept printing orders of

battle and troop movements.

Well, sir, if we do decide to prosecute,
the news media will raise hell and you

will take some heat.

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

Hey, wait a minute, wait a minute. You
can't go in there. Yes, we can. He's

going on the air. We have something he
might want to report. Mike, check. Now

the time for all good men to come to the
aid of their country. I don't know how

they got past security, Stuart. It's
okay, Jenny.

Stuart, we're on in 30. What is it, Rab?
You've got 25 seconds.

Stuart Dunstan, by order of the
President of the United States, a court

is hereby convened to hear criminal
charges against you.

Court -martial?

You've got to be kidding.

Oh, this is no joke, Stuart.

You're in the Navy now.

Navy scapegoats the media.

Investigation or witch hunt. And my
personal favorite, Navy's image sinks.

I've seen him, Mr. Secretary.

But the president knew we'd take some
hits when he convened the court

And I'll live with that decision.

But I don't want to win the battle in
the courtroom and lose the war on the

editorial pages.

Take a look at this.

Stewart, are you guilty of a crime?

I'm guilty of trying to do my job.

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

The military claims that you violated an
order. And as a result, four Afghan

civilians were killed.

and three Navy SEALs wounded.

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

There's an old saying, Wendy, the first
casualty of war is the truth.

You're saying the military's managing
the news?

They did it in Panama, in Somalia, in
Desert Storm, and they're doing it here.

We've given Dunstan a bigger soapbox.

So McKenzie and Rab will just knock him
off it.

Does the defense have any preliminary
motions?

Yes, Your Honor. Mr. Dunstan's civilian
counsel has asked me to argue the motion

to dismiss on the grounds that this
court -martial lacks personal

over Mr. Dunstan.

I'm intrigued, Commander, to hear why.

Mr. Stuart Dunstan, a civilian, is
charged with two counts, violating an

and aiding the enemy, both under the
Uniform Code of Military Justice.

Wasn't Mr. Dunstan accompanying a
military unit engaged in combat in time

war? In combat, yes. In time of war, no.
We may talk about a war on terror, Your

Honor, but that had no legal meaning
without a declaration by Congress.

Your Honor, there was no declaration of
war in Vietnam, Korea, or in the Gulf

War, for that matter. But I have no
doubt, sir, that the men and women who

served in those conflicts knew they were
at war.

Do you have authority to support that
proposition?

Your Honor, in United States v.
Castillo, the Court of Military Review

that Desert Storm was a de facto war.

But the Court of Military Appeals ruled
just the opposite, and U .S .B .F. read.

It held that a civilian employed by the
Army of Vietnam couldn't be tried for

theft because Congress never declared
war.

So the cases are all over the
waterfront. Your Honor, in these times,

expect more undeclared wars on bands of
terrorists than declared wars on

sovereign nations.

But for the safety of our men and women
in combat, sir, it is imperative that

civilians in the field be bound by
military discipline.

I agree.

The accused motion for dismissal is
denied.

Thank you, Your Honor.

But a word of warning.

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

to the members.

Sir. Unless you show that Mr. Dunson's
conduct was the proximate cause of the

ambush. I'll dismiss all charges and
specifications.

We're fighting to protect ourselves from
violence.

We're not equipped for this kind of
trial. Our court is the only place for

kind of trial. Military justice works
just fine for the military.

You're being used, partner.

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

mouthpiece.

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

When I took an oath to defend the
Constitution, that included the First

Amendment. The First Amendment doesn't
give the press the right to endanger

lives.

Thomas Jefferson once said, if he had to
choose between a government without the

press or the press without a government,
he'd choose the press.

Jefferson didn't know Stuart Dunstan.

You really think that Dunstan's
innocent?

No, I think he's guilty of arrogance and
conceit, but that doesn't mean we

should court -martial him.

For all the reasons we're fighting to
win, and win we will.

The president seems to think you're
wrong.

So he won't make me an admiral.

The president's going to answer
questions from the press after his

Someone will ask him about the Dunstan
case, won't they? That's all the media

seems to be able to talk about. And
whatever he says will be widely

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

Depends on what the president says.

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

Holding your breath.

Oh, what's that?

It's goose pate with deviled quail eggs.
Would you like one?

No, thanks.

Admiral, I was hoping your new friend
would be here.

Who? That lovely woman that knows all
about Shakespeare.

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

What sort of cases are you expecting,
bud?

Oh, hot button issues, ma 'am.

Approving tactical strikes on enemy
targets.

Working with allied legal officers on
international treaties.

Really? Oh, yes, sir.

Perhaps even trying foreign terrorists
in military tribunals.

Sounds exciting, Lieutenant.

Well, sir, compared to the mundane day
-to -day work of JAG.

Not that what we do here isn't
important.

Glad to hear you say that.

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

The president said he supports punishing
anyone who endangers American lives,

including reporters.

Now, that statement clearly refers to
this trial and prejudices my client's

rights.

You're aware of the severity of such a
charge, Commander? Yes, sir. But when

convening authority makes televised
statements calculated to influence the

-martial, I would be derelict in my duty
if I did not respond.

The convening authority is the commander
-in -chief.

Which makes the statements even more
egregious, Admiral.

And your motion even more precarious.

I recall when Charles Manson was on
trial, President Nixon said he thought

Manson was guilty.

And the motion for mistrial was denied.

But civilian jurors weren't dependent on
President Nixon for promotion.

Your Honor, the President merely said
the guilty should be punished. Where's

prejudice in that?

Let's find out.

22, you're clear to land. Spot 2.

22, roger that. Spot 2.

Welcome aboard, Lieutenant.

X -Rose waiting for you, sir.

Used to have two judge advocates.

So one was assigned to Kandahar, the
other to the Senate.

Work's been piling up.

Well, it's okay with me, sir. It's all
part of combat duty.

Well, before we insert you behind enemy
lines, Lieutenant, why don't you finish

checking in?

Captain Johnson would like you to join
him for evening shower at 1900.

Aye, sir.

I'm sorry. I thought that this was...
The legal office?

Don't you remember me, Lieutenant?

Christmas. Your house.

Petty Officer Coates.

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

Well... I did my time. Changed my
attitude.

I've been reassigned.

Me too.

Reassigned. I know, sir. I'm your legal
mate.

Are you aware... of certain statements
made by the president about this case?

I am, sir.

Can you follow my instructions in
reaching a verdict?

I can, Admiral.

And disregard any statements made by
anyone else, including the president?

That would not be a problem, sir.

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

It's my duty, Admiral.

Very well. Your Honor, the members may
think they can remain objective.

But there's no way they can put the
president's words out of their minds.

can't unring a bell.

Your Honor, the members are military
officers, and there is no reason to

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

I agree.

The court is satisfied that no prejudice
occurred.

Motion to dismiss is denied. Call your
first witness.

I firmly believe it's in the national
interest for the public to be informed

military actions.

So you approved the accused request to
accompany a SEAL assault force on a

combat mission? I did. On what
condition?

That Mr.

Dunstan agreed to waive all liability in
the event of his injury or death and to

follow orders at all times.

Can you identify what's been marked as
Government Exhibit 1?

That's the written agreement signed by
Mr. Dunstan.

Thank you.

Your witness.

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

Because he'd been turned down by
Lieutenant Laslovich and by Commander

the mission commander.

Turned down also by Joint Special Ops
Command?

Yes. Why?

They thought the mission was too
dangerous for a civilian.

Apparently they were right.

Regretfully, they were, Commander.

Do you think Mr. Dunstan is responsible
for three SEALs being wounded and four

Afghan civilians killed?

Objection calls for conclusion.

Overruled.

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

But I know what I did.

I failed to listen to the commanders in
the field.

I'm the one who's responsible.

We try to avoid being seen, heard, even
smelled. I mean, we don't even heat our

MREs because the smell of warm food can
compromise your position.

As assault team commander, what orders
did you give?

To be silent and visible as much as
humanly possible.

With regards to Stuart Dunstan?

I ordered him specifically not to use a
satellite phone.

Were you aware, Lieutenant, that 51
minutes prior to the ambush of your

Stuart Dunstan made a phone call?

Not at the time, sir.

Thank you, Lieutenant.

You're a witness.

Do you have evidence that the video call
Stuart Dunstan made was intercepted by

enemy forces?

No, sir. Do you have any evidence that
the enemy even had the equipment to

intercept such a call?

No, sir.

Once you were attacked, what did Mr.
Dunstan do?

Well, he took cover.

And when Petty Officer Hamilton was
shot?

Mr. Dunstan got to him and he pulled him
to safety.

While you were taking fire?

Yes, sir.

So that the members understand.

Mr. Dunstan, a civilian, crawled out
from his position of cover and risked

life to drag one of your men to safety?

Yes, sir.

Oversleeping, soiled uniform, attempted
cursing.

How is that even possible?

He got half the word out, sir.

This is our caseload?

There are more serious ones.

Lieutenant.

The case of the purloined crustacean? I
sometimes give the cases names to help

me remember them.

Two seamen are accused of raiding a
chill box and stealing the officers'

lobsters. What a joke.

More like dinner, sir. They steamed the
lobsters on the boiler.

What's the evidence? A couple of claws?

Here, I'll show you.

Legal, Lieutenant Roberts.

Call for you from Colonel McKenzie?

Yeah, put her through.

How's it going out there, Lieutenant?

Hi.

Just up to my elbows in cases, ma 'am.

You're going to be out of touch soon, so
I thought you'd like to hear from

someone.

Say hi to Daddy.

Hi, Daddy. Hey, AJ.

It's my son.

Hi, sweetie. Who are you talking to?

My legalman.

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

Yes, very.

Well organized.

That's correct.

The lieutenant told me not to use the
sat phone.

But you ignored the order?

No disrespect to Lieutenant Laslevic,
but I know a little more about

than he does.

Meaning what?

The satellite phone has a narrow beam
width with no side lobes. Now, maybe one

of our EC -135 rivet joints could
intercept the call, but not some ragtag

Taliban using walkie -talkies with
flashlight batteries.

Your Honor.

We move into evidence, documents,
certified by the measurements and

intelligence detachment.

They show no electronic surveillance
activity by any unknown forces on the

of the incident.

So admit it.

Your witness.

You ever serve in the military, Mr.
Dunstan?

Apparently I have.

For one night.

You understand that in the military, all
lawful orders must be obeyed.

So I'm told.

Do you admit to signing an agreement to
obey all such orders as a condition of

accompanying the SEAL assault force?

I had three choices, Commander.

I could stay in the hotel in Islamabad
and watch Al Jazeera on TV.

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

Or I could do whatever was necessary to
join an assault force in the field.

So you signed the agreement never
intending to abide by it. I signed it.

Not intending to give up the right to
think for myself.

Well, apparently you reserve the right
to decide which orders you will obey and

which you choose to ignore.

My bosses can tell you I usually disobey
theirs.

Well, your boss this evening, Mr.
Dunstan, was Lieutenant Lassovic, whose

was to complete a dangerous mission and
to protect his team, which also included

you.

I didn't do anything.

To jeopardize the lieutenant, his men,
or myself.

You were really good in there, Stuart.

Thanks, but I'm more comfortable asking
the questions. Hey, Rab, no matter the

outcome, no hard feelings, okay?

Spoken like a man who expects to win,
Stuart. You're more charitable than I

Stuart.

Hello?

Sorry.

Kashmir Bureau Chief. They have an
interview we may want.

Good.

Wrap this thing up tomorrow and I can go
back to work a free man.

She speaks fluent Farsi.

She's an interpreter, Ray. With perfect
intonation?

She studied at the University of Cairo.

foreigners who learned Farsi speak with
a noticeable accent.

Where are you going with this?

Jenny Baker is a native speaker.

The Kashmir Bureau chief would speak
Urdu, not Farsi, and they weren't

about the interview. They were talking
about Stuart Dunstan.

Miss Baker, did you receive a satellite
call at the network from Stuart Dunstan

when he was in the field with the SEAL
team?

Yes, and that was at 7 .37 p .m.
Washington time.

About them? According to your cell phone
record, you made a call three minutes

after hanging up.

If you say so. The records say so.

Why did you use the network's phones?

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

Whatever Ms. Baker did thereafter is
irrelevant.

I'll tie it up, Your Honor.

Hopefully in short order.

Ms. Baker, why did you use your cell
phone?

It was a personal call.

To Islamabad, Pakistan?

Yeah. To a cell phone register to an
Aziz Naziri.

He's my cousin on my mother's side. Must
have been an important call.

Well, in Islamabad, it was about 5 .40 a
.m. Sometimes I forget about the time

difference.

What does Mr. Naziri do for a living?

Your Honor?

He works for an international charity.

Does it have a name?

I can't remember.

Holy Land Liberation Crusade.

That sounds right.

Which was just listed by the Attorney
General as a fundraising front for Al

-Qaeda. I know nothing about that.

Where were you born, Miss Baker?

I don't think that's relevant.

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

London.

And where were you raised?

Different places. My father was a
diplomat. She told me she was raised in

England. No, actually, your parents
divorced shortly after you were born.

you returned with your mother to Iran,
where you were raised by her family. Is

that a crime?

And while Baker is your father's name,
the name you used just before coming to

the States last year was your mother's.
Zahedi, correct? I thought if I used my

Iranian name, I'd be discriminated
against.

And apparently I was right. Is that why
you traveled under a forged English

passport? I don't know what you're
talking about. Who forged it? Vivac, the

Iranian intelligence agency?

That's ridiculous.

Where's your mother today?

Why don't you ask your CIA?

The Zahidis were prominent Shiite
clerics. Were they persecuted by the

Iran? They were killed. My entire family
wiped out by a despot backed by

American money and American military.
And you would do anything to avenge

deaths. The call you made that night was
to disclose the SEAL's position to Aziz

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

She refuses to answer, Your Honor. A
master -at -arms will take the witness

custody.

Have you consulted with your attorney?

I have, Your Honor.

And you understand by changing your plea
to guilty, you waive all defenses?

I do.

And how do you plead?

I thought I was innocent, Your Honor.

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

I plead guilty.

The court finds that your plea is
knowing and voluntary, and hereby finds

of all charges and specifications,
guilty.

Does the defense counsel have anything
in mitigation of sentence?

Sir, I would ask that the court take
into account Mr. Dunstan's acceptance of

responsibility and expression of regret.

Trial counsel, anything in aggravation
of sentence?

Your Honor, the principle that's been
established here is more important than

any sentence the court might impose.

I agree.

Mr. Dunstan, the court trusts that you
and the rest of the news media have

learned an important lesson.

I sentence you to 12 months confinement
at hard labor.

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

Court's adjourned.

Do it.

Thank you.

One or two E's in judgment, sir?

Either way, but one is preferred.

Good. Less typing.

Oh, look!

You've got an email greeting card.

Oh, let me see.

Oh, so cute.

I miss him so much.

I'll email your wife and tell her how
much you like the card.

No, let me do that. Why don't you go
work on updating the captain's mask?

Yes, sir.

Earlier today, I threw myself on the
mercy of a military court.

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

I do so because I am guilty, not just of
disobeying an order in a time of war.

I'm guilty of pride, of smugness, of all
importance.

To the American people and to the Afghan
people, I express my sincere regret for

my conduct.

It was inexcusable.

I'm going to take some time off.

After I visit each of the wounded SEALs
and personally apologize for my actions.

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

Was wrong about the system, huh?

It did work.

We were all a little bit wrong.

Don't look at me.

I wasn't wrong about anything.