All language subtitles for JAG S09E08 Posse Comitatus

We need backup and an ambulance.

Suspect is armed with a fully automatic
rifle and may have armor -piercing

rounds.

Barclay! Barclay!

I need you to let my deputy go now!

Get your man out of here and I'll let
her go!

You know I can't do that, Barclay!

You just hang in there.

Damn it!

Where the hell does he think he's going?

Dispatch! This is Sheriff Crystal.

I told you to tell those jarheads...

Sheriff Driscoll, get me the commanding
general at MCAS Yuma now!

Barkley Kale was a widower who had
farmed this small piece of desert for

his life. This time I've seen it this
morning, it's all over the news.

You know what they say, sir? If it
bleeds, it leaves. Kale held off police

a converted automatic weapon.

The standoff sadly ended when a Marine
pilot chose to act as judge, jury, and

executioner.

We could have taken him out alive.

No court in Atlanta would give him Kale
the death penalty for what he'd done. He

hadn't killed anybody.

But that Marine pilot took the law into
his own hands.

So, you see the urgency in resolving
this case?

Sir, what was Major Tunney doing so
close to a police standoff? I don't

You should put that on the top of your
list of questions, Colonel.

What do we know about Barkley Kale?

The Huma County Sheriff was attempting
to arrest him for tax evasion, property

taxes he had lost to his creditors.

Geared up for one last standoff and
fires on the deputy as soon as they

Sir, it's illegal for the military to
participate in arrests.

searches or police activity on U .S.
soil, which means that when the Marine

pilot killed Barkley Kale, he violated
the Posse Comitatus Act.

May have, Carl. Posse Comitatus contains
a lot of gray area.

Did the pilot feel the circumstances
were exigent, sir?

Put that on your list of questions.
Look, the administration's taking a lot

heat for the Patriot Act. Last thing
they want is the public worrying about

Marines interfering with domestic law
enforcement.

That'll be all.

Bye. Bye.

Good morning, Harry. Good morning.

Hey, bud.

Hey, Harry. Listen to this.

The pioneers of a warless world are the
youth who refuse military service.

Whose case is that?

Albert Einstein.

I mean, he said it.

You all right?

No. I got a call from the Inspector
General's office.

First time in three years.

They're calling you back from temporary
duty?

I don't know.

I have to report to General Tillman, the
Pentagon.

Well, we always knew there was a chance
that you'd have to leave JAG. I guess I

just tried to ignore it.

Okay, let's not panic until we know for
sure.

Why are you quoting Einstein?

Oh, I've been assigned as the
investigating officer in the case of

Commander Justin Bentley.

Navy paid for Commander Bentley's
medical education.

Now that his reserve unit has been put
on standby for deployment in Iraq, he's

claiming conscientious objector status
and asking for separation based on his

beliefs as a religious pacifist. And you
don't find Commander Bentley sincere?

Well, everybody finds war objectionable,
but sometimes it's necessary.

So is standing by one's beliefs, though,
bud.

Major Tunney is the real deal. He flew
combat missions in Iraq and Afghanistan.

Hell, he's trained over half the pilots
on this base.

Now, the skills that are at issue here,
Colonel Pittman, is his judgment.

I assume you debriefed Major Tunney
after the incident?

Major Tunney was conducting routine
training. He noticed the standoff with

Sheriff's Department and the wounded
deputy on the ground. He believed he

assist with emergency medical evac.
That's when Mr. Cale opened fire on him.

Well, the Sheriff's TV interviews left
that part out.

Did the Major seek authorization before
returning fire, Colonel?

He did. He was told to hold his position
while we attempted to contact the chain

of command.

You told him to hold his position or
hold his fire?

Hold his position, Colonel.

I would never instruct a Marine to hold
fire while he's taking direct fire

himself. Why not just tell the Major to
leave the area?

Because the Major explained to me he
thought he could save some lives.

Sorry I kept you waiting.

I'm used to waiting for doctors,
Commander.

Why?

See that you have all the bells and
whistles?

I'm not Amish, Lieutenant.

Quakers respect scientific advances. We
simply believe they should be used to

elevate humankind, not to kill.

As investigating officer, it concerns me
that you came to that conclusion just

as your reserve unit was put on standby
for activation. I know the timing seems

convenient, but the change in me came
last year when I got married.

The six years I spent on active duty in
the Navy, Lieutenant, were difficult

ones.

wondering if I was contributing to the
things I was seeing on the news.

The guilt was overwhelming.

I see that you display your naval
affiliation, Commander.

Why? I put my patients at ease.

You're part of the Navy Preferred Plan.
Most of your patients are military or

military dependent.

Once you're civilian, are you going to
leave the pictures out?

That would be hypocrisy, Lieutenant.

You think your clientele will accept
that?

I sincerely hope that they will,
Lieutenant.

Major, were you doing flight training
with fully armed weapons systems?

No, the 20 was a load of lead ball
training rounds, Colonel.

If I'd open up with explosive
incendiary, that barn would be nothing

Well, it's still way too much firepower
for the task at hand.

Well, I heard over the radio that he had
a hostage, so I hovered low enough to

see where she was. Looked like K .O. was
training a gun on her.

So I fired a microburst at a shallow
angle.

I was only gunning for the bad guy, ma
'am.

I'm sorry to hear the female deputy was
hit by fallen timber.

I was not looking to participate in any
police action, Colonel.

I just wanted the help.

By opening up with your 20mm guns.

As I stated before, ma 'am, I was taking
fire.

The guy was a lousy shot, Commander, but
you throw enough ammo out there and

you're bound to hit something.

Isn't the Cobra's cockpit designed to
withstand small arms fire?

Yes, sir.

under optimal conditions, but that
doesn't mean an armor -piercing round

couldn't penetrate the windshield or a
seam between the noroxide panels.

We were afraid he'd take us down right
on top of the cops on the ground.

So you're telling me you sincerely felt
your life was in danger.

What else could we do?

We were being fired upon.

I attempted to make radio contact with
the sheriff, but the dispatcher told me

that she was under orders not to put me
through.

What about your operations duty manager?
Did you attempt to contact anyone on

base for orders?

Yes, ma 'am. I tried to get direction
for my squadron CO through the duty

manager. But before Colonel Pittman
could get to me, I started taking fire.

How many rounds did Barkley Keel fire at
you?

I really can't say for sure.

But he did fire on you.

Yes, ma 'am.

Major, you know what the Posse Comitatus
Act is.

Can you honestly say that your actions
weren't in violation?

I did what had to be done, ma 'am.

And no.

I didn't believe I was breaking any laws
by defending myself or trying to save

the lives of those two deputies.

The Inspector General says you've been a
real administrative whiz over at JAG.

We were hoping you'd want to help us out
for a while.

Am I being reassigned to the Pentagon,
sir?

Lieutenant Sims, I'm retired from the
Marine Corps.

I'm with Armed Forces Entertainment, so
I'm not in a position to reassign

anybody.

Then why... Biggest USO show of the
year,

Baghdad. Christmas Eve.

You ever try to do personal information
forms for celebrities?

The women won't give their real birth
dates. The men won't give their real

heights.

Celebrities, sir? We need travel
documents for 70 people.

Everybody from Garth Brooks to the
Dallas Cowboy cheerleaders. Would I get

meet Garth Brooks?

I would think so.

Now, there's no extra money in it.

That's okay.

And Wrangling Rockstars is not for the
timid.

Well, neither is working for Admiral
Chedwig and Sir.

I would love to do this.

You find anything?

Colonel Pittman's not the only one who
works with the ground Major Tunney walks

on. You?

Well, Tunney's former CO doesn't feel
the same way.

This is the final report from a previous
command inquiry.

Two years ago, Major Tunney used his
helicopter to assist the San Diego

in apprehending a felon during a police
chase.

This isn't the first time he's been
investigated for violating the Posse

Comitatus Act.

Looks like Major Tunney thinks he's the
Lone Ranger.

Medical helper McGinnis was already en
route, and with backup, we could have

taken care of Barclay Kale, too.

That's our job, not Major Tunney's. He
just wanted something to shoot at.

Well, Major Tunney says Barclay Kale
shot first.

There are bullets flying everywhere. To
be honest, I can't call the man a liar.

But I don't believe that Major Tunney
was under fire at the time he opened

on Barclay Cale.

Major Tunney said he tried to make
contact with you at the scene, but your

dispatch wouldn't put him through.

I told him not to.

Why? I was busy enough dealing with one
trigger -happy Yahoo. The last thing I

wanted was another.

Look, I got two deputies in the
hospital, and the one who's still in

care wasn't injured by the man I was
trying to arrest.

She was hurt when your Marine knocked
half a barn down on top of her.

A helicopter gunship is not the right
tool to use in a hostage situation,

Commander.

This is Arizona, not the damn Gaza
Strip.

This the Lord says, and proves you daily
by the example of the community of

which you are part.

Find peace in each other, and pray unto
the Lord, for in the peace thereof shall

ye have peace.

I want to welcome the newcomers.

Now go with God.

Commander Turner.

It's Commander Turner. He'll be
representing me at my hearing. My wife.

Pleased to meet you, ma 'am. Would you
like some coffee, Commander?

No, thank you. Commander, Reverend Ford.
Sir.

How much do you know about the Society
of Friends?

Not a lot. My father was a Baptist
minister. I was raised in that faith.

Do you know I can't take an oath in
court?

I wasn't aware of that restriction.

Well, to swear to tell the truth under
oath implies that we lie the rest of the

time. Dr. Bentley can only affirm that
he will continue to tell the truth.

I'll explain that at the hearing. It
won't be a problem.

We would appreciate it if you could make
it clear that my husband's actions are

not an indictment of the United States.

He's asking for a separation from the
military during a time of war, when men

and women are dying in Iraq every day.

While I respect his right to ask for a
separation, I can't guarantee it won't

damage his reputation.

My personal character isn't as important
to me as the church's good name. People

could misinterpret my intentions.

Commander. Quakers have a long record of
bravery and patriotism.

As abolitionists, we petitioned against
slave owners.

And fought to win women the right to
vote.

This is nothing new for us.

Our religion has endured two world wars
and Vietnam.

We have been called cowards and
communists, spat at in the streets and

discriminated against.

Despite the vast humanitarian efforts
we've offered our country in times of

I can't comment on anything beyond the
facts of the case.

My case, Commander, is about more than
facts.

It's about faith.

Faith is an intangible, Commander. I
can't prove it in court.

I'm not even sure if I know what it is
anymore.

How can you prove what you can't see?

We mere mortals have to accept the fact
we may not always know the answers, bud.

As the investigating officer, I don't
have to know the answer.

If I can say with 51 % conviction that
Commander Bentley's beliefs are not

sincere, that's the report that I have
to submit.

Do you think you resent Commander
Bentley because of what's happened to

That when I was called to duty in a
combat zone, I went without question?

I paid dearly for it.

But you fought to stay in the Navy
because you believed that was the right

to do.

And apparently Commander Bentley
believes something different.

Don't you just think it's a little bit
strange that of all of the churches in

all of the world, he decides to join one
that will give him CO status?

Maybe. But do I think it's okay to
punish a man who may be guilty of

more than religious conviction?

No, I don't.

Ooh, I gotta go.

Now? Why?

I have to make travel arrangements for a
diva who won't travel without her toy

poodle, and I have to explain to a
rapper why he can't wear his ski cap in

passport photos.

Incidents in two years is a little more
than coincidental, Major.

Tell us about what happened two years
ago.

I was stationed at Camp Pendleton.

San Diego police were chasing a guy
doing 90 off the wrong side of a divided

highway. So I went down low in front of
him. I figured I'd scare him into

stopping.

Steady ran himself off the road.

And crashed into a tree in someone's
backyard where luckily kids weren't

playing. We can't hold them in response
before it didn't happen. In both cases,

I took action. They lied.

That's illegal.

Lock me up.

I'm just not sure I'm the right man for
the job, Admiral.

So you can't find any common ground with
Commander Bentley?

I don't think so, sir.

Even though you had the benefit of being
raised by a minister?

Sir, I look at my father and I see his
face, for better or worse.

I don't see that when I look at
Commander Bentley.

Does your father know you're turning
your back on religion?

I know the question's a little out of
line, but I'm going to ask it anyway.

Respectfully, sir, I will represent the
commander to the best of my ability, but

I can't be in any good conscience if I
respect his actions.

Well, good lawyering has nothing to do
with feelings.

Dismissed.

All right, sir.

Sturgis, have you talked to your father
lately?

Posse comitatus prohibits the military
from participating in any effort to

enforce or execute the law on U .S.
soil.

Technically. The military, however, can
be used in certain specific

circumstances, i .e., the Army lend
advisors and a tank during the Waco

standoff. Yeah, and look how well that
turned out.

Well, Enfield Team 6 and Delta Force
provided security and surveillance

the Olympics. They also provided
advisors to the FBI and local police

hunt for the D .C. sniper. Except who?

I have my sources.

Right, I forgot. You went to the dark
side.

Military can be used in cases involving
biological, chemical, or nuclear

weapons. Only with the approval of the
Attorney General, and Barclay Kale

have any nukes parked in his barn.

The Marine Corps was brought in to quell
the L .A. riots.

Military can be used to suppress
insurrection against the government.

Now, the hot standoff began when Mr.
Kale refused to pay his income tax. One

could argue this was at least the
beginning of an insurrection.

Wrong. Barclay Kale wasn't trying to
overthrow the government.

He was a man with nothing to lose, just
trying to keep some dignity, went about

it the wrong way.

You really love this, don't you? What,
arguing with you?

Yeah, the investigations, the
interviews, and yeah, our arguments.

I'm beginning to understand why you came
back.

You need Jag just as much as Jag needs
you.

What about you?

You glad to have me back?

Senate Colonel McKenzie.

Yes, absolutely. Thank you.

That was the Yuma County Hospital.

Deputy Linda Foyo is out of intensive
care.

What happened before you were injured in
the shootout? Did Barkley Kale fire on

the helicopter?

He was firing, but he had stopped by the
time the chopper fired at us.

Look, Barkley Kale was a sad, stubborn
old man who deserved to do life in

prison. But if there's one thing he
knew, it was weapons.

When that helo showed up, he knew he
couldn't shoot his way out.

So you're telling us that the Marine
helicopter's presence was helpful?

Not in the way that you mean. I mean, it
helped me talk Barkley into giving

himself up, which he was about to do
before that pilot opened fire.

You're sure he was going to give himself
up?

Colonel, Barkley Kale was a vet.

Caught the alien of Vietnam. He knew
better than to take on a cobra.

Why am I not surprised?

The two of you agreed that would be a
surprise.

Admiral, given the highly public nature
of the incident, I think not going

forward with an Article 32 would invite
accusations of a cover -up.

So you're recommending that we proceed
to head off conspiracy theorists?

No, sir. I believe Major Tunney is in
clear violation of the Posse Comitatus

and therefore Article 92 of the UCMJ,
failure to obey a direct order or

regulation.

Admiral, Major Tunney is an experienced
and dedicated Marine pilot who was

taking fire and did what he felt he had
to to save the numerous lives of law

enforcement agents on the ground.

Well, if the convening authority sends
this to an Article 32, we know who will

prosecute and who will defend.

It would seem so, sir. Yes, sir.

Admiral, the Marine Air Base is off
-limits to the public, so in the

transparency, the county has volunteered
its library as a hearing site.

Military history section, no doubt.

Outcome of this case could affect a lot
more than one major's freedom.

I couldn't have been more clear,
Colonel.

My dispatcher told Major Tunney we
didn't want or need any help from the

Marines. Especially not in the form of a
super cobra designed for taking out

tanks. Even though you're a faith -in
gunman whose automatic weapon was loaded

with SS -109 rounds?

Colonel, half the street gangs in Yuma
have automatic weapons.

I'm sure more than a few are loaded with
AP rounds.

Should I call the Marines every time we
raid a drug out?

Your Honor, I'd like that testimony
stricken from the record unless I'm

be allowed to answer that question.

So ordered.

Sir, would you please refrain from
answering a question with a question?

Yes, Your Honor.

Sheriff, besides the fact that it's
illegal, was there any other reason that

refused Major Tunney's offer of
assistance?

Barclay Kale was one of us. I've known
the man for 20 years.

And although he'd been shooting, he was
still talking. A peaceful surrender was

still on the table until Major Tunney
unleashed his cannon rounds.

The Marines are simply not trained or
equipped to handle civilian law

enforcement. On what do you base that?

Four years I spent in the Marine Corps
and the 15 years I spent in the Yuma

County Sheriff's Department.

Nothing further, Your Honor.

When you and your deputies arrived at
the Kale Ranch to arrest Barkley Kale,

were any of your deputies wearing body
armor? They were all wearing vests.

But when Deputy McGinnis went down, we
realized Kale was using SS -109 rounds.

What about the squad cars you arrived
in? Were any of these armored or

ballistically reinforced to any degree?

No. So then, despite your extensive law
enforcement training, the instant

Barkley Kale chose fight over flight,
you and your men became helpless.

We didn't choose to shoot it out like
it's the O .K. Corral, but that doesn't

mean we were helpless.

We were waiting for backup.

Well, I assume it wasn't part of your
plan to have one deputy shot and another

taken hostage.

Objection. Argumentative and irrelevant.

Your Honor, the witness has testified
that my client's actions were

I'm trying to elicit testimony to the
contrary.

Overruled. But make your point,
Counselor, and move on.

Sheriff Driscoll.

Things weren't going well.

He was sitting, waiting for backup.

He must have been feeling helpless.

Not enough to call in the Marines.

That'll be all.

Hey, Pop.

Yeah, it's good to see you, son.

Yeah.

Thanks for coming by.

Good to have a seat.

Thank you.

It's been so long since I called you.

Yeah, well, I read the file that you
packed me on the conscientious objector

case.

Do you have a gut feeling about it?

I'm just finding it hard to believe that
a sudden religious epiphany would cause

someone to change his whole life.

Well, that's something that happened
before, son.

You have, too, when you were a boy.

Well, you know, I spent hours in church
listening to the testimony of those

saved souls, Dad, but are their lives
really changed?

Or did they just fall back into the same
rut, the futility of trying to hold on

to something in this world?

I don't think it's this world that
they're worried about, son.

So, why'd you call me?

Help me win the case.

You never needed my help before.

Chaplain?

I was on my way to see you, haven't I?

Keep you safe. Good to see you.

Any words of wisdom for me?

Absolutely, sir.

Treat my son well and you'll be rewarded
in heaven.

Well, I'll remember that the next time
the commander shows his stubborn streak.

You need me to help you straighten him
out or something?

Well, I think he's straight enough
already.

Did I leave so you two can talk about
me?

If you don't mind.

Hi, this is Lieutenant Sims.

I'm working with the USO.

Hi. Hi.

I'm compiling the personal information
forms for the Baghdad tour.

No, sir. You may not bring your 30 -odd
thick...

If you feel the need to fight off the
Fedayeen, I'm sure the Marine Corps will

have your back.

Iceberg is not the name your parents
gave you, and I will not put that on

passport application, young man.

Isaac.

Thank you.

Shulberg. Okay.

No, ma 'am, the MREs do not include
hydroponically grown organic vegetables.

Maybe Baghdad Hilton has a salad bar.

Hello?

The theory is to determine the status of
Lieutenant Commander Justin Bentley.

Commander, on what grounds do you seek
separation from the Naval Reserves? On

grounds of conscientious objection to
military service.

And did your counsel explain to you that
you bear the burden of proof in this

proceeding? Yes.

And that your beliefs must be honest,
sincere, and deeply held?

Yes.

All right, Commander.

We can proceed. Does your client wish to
make a statement for the record?

Not at this time, Lieutenant. Instead,
I'd like to call an expert witness.

I served as a Navy chaplain in both
Korea and Vietnam.

Did you come in contact with
conscientious objectors, Chaplain

Yes. Who were these men?

Sailors and Marines who had become
repulsed at the undeniable horror of

They'd become convinced that no
objective was worth the cost, so many of

sought out their chaplain.

What would you do for them, Chaplain?

If they were just scared, I would refer
them for psychological help.

But if I found they were truly
spiritually troubled, I attempted to

reassigned. Have you spoken to Commander
Bentley about his beliefs?

At length.

And in your view, is he truly
spiritually troubled?

Commander Bentley has immersed himself
in the Quaker way ever since his

last year.

He attends a meeting once a week.

and has studied the peace testimony
extensively.

I'm convinced that his pacifism and his
religious conversion are sincere.

How do people have these sudden
awakenings, Chaplain? Do they hear the

God?

People have a variety of experiences.

God comes to some of us in our dreams
from the voice of a small child.

And the things we see every day, the
people we meet,

decisions we have to make.

Thank you, Chaplain.

You just have to be open to him,
Commander.

Again, thank you, Chaplain.

Chaplain Turner, it appears to me that
Commander Bentley's spiritual searching

took place after it was clear that we
might be going to war in Iraq.

This war.

like all wars, has made a lot of us do
some soul -searching, Lieutenant.

Or maybe he's been attending meetings
and studying peace testimony as a

to build up his case.

I don't believe that's the situation.

Do you believe it's possible to look
into a man's heart?

Not with surgical precision, but I'd
like to think that I'm better at it than

most. Well, Chaplain, I have no doubt
that Commander Bentley hates war.

But I would imagine that you do, too.

And yet, you've been able to serve your
country in uniform for nearly half a

century.

I found honor in providing solace to
those who fought, Lieutenant, and

to the wounded and dying.

Deputy Foyer, do you believe that Major
Tunney saved your life by killing

Barkley Cale?

I do not.

I was making headway with Barkley. The
guy went to high school with my father.

I had talked him into dropping the gun.

Thank you. Nothing further.

Commander?

Deputy Coyle.

Now, didn't Barkley Cale take your radio
to prevent you from communicating with

the other officers?

Yes. Well, then there's no way that
anybody but you would know that Barkley

was ready to give himself up and
surrender his weapon, is there?

You weren't there, Commander.

This man knew me.

Well, that didn't prevent him from
taking you hostage, restraining you with

own handcuffs, and holding you at
gunpoint, did it?

No.

Doesn't sound to me like the Barclay
Cale you were in the barn with is the

Barclay Cale you grew up knowing,
Deputy.

Now, isn't it possible, in all the
confusion, wind from the rotor blades,

noise, that you're not exactly sure who
Barclay Cale was shooting at?

Barkley, please don't do this.

None of us wants to hurt you.

Just come out with me.

Come out with me and they won't shoot
you.

You've got to believe me. I didn't want
this to happen.

Barkley, stop it.

You're too smart to want to go out like
this.

Look around you.

The bank owns everything you see.

I can't afford a lawyer to do the things
the right way.

Did you call the black chopper?

No, no, Barkley, I swear.

Barkley, stop it!

They'll kill us both!

I know, you don't want to kill me.

You owe my father at least that much.

I'm so damn sorry, Linda.

Couldn't really be sure who Barkley Cale
was firing at, could you, Deputy Coyle?

I don't believe Barkley was shooting at
the chopper.

But I guess I see how Major Tunney could
have thought so.

Hey. Hey.

Where you been?

I just had a long conversation with the
base public affairs office.

Don't set my interview up with Mike
Wallace until I've actually won. Very

According to the PAO, you're not the one
out looking for fame.

What's this?

Your client's memoirs.

His publisher just dropped them off at
the public affairs office as a courtesy.

Check out the title.

The Nick of Time.

Go to motive, Counselor.

It looks like Major Tunney may have had
more of a personal interest in getting

involved than he's let on.

What's a little posse comitatus when you
can be number one on the New York Times

bestseller list?

My whole life changed when I met Julia.

The confusion I had about the military
went away. I met people who thought as I

did. You began attending your wife's
church.

Yes. The Quaker belief system spoke to
how I want to live my life.

Can you be more specific?

We believe every human life is precious
and that God intends for us to live in

peace. Some might say that's a bit
idealistic.

How would you answer that?

Without ideals.

What are we?

Thank you, Commander.

Commander Bentley, would you ever
consider serving your country in a non

-combative way? If you're called up
after all, it would be to save lives,

take them. I can't in good conscience
aid the war effort, even indirectly.

Is that part of your Quaker beliefs?

Quakers are divided on this, Lieutenant,
but I would have trouble being involved

with anything connected to the military.

Well, you didn't view the military that
way when you took Navy money to pay for

your tuition.

That was before my doubts began.

Certainly long before my conversion.

And after your conversion, did you
attend any war demonstrations?

No, Lieutenant.

Did you write any articles expressing
your anti -war views?

I would feel uncomfortable doing that
while I'm still in the Reserves.

I'm trying to determine if you've ever
actually done anything to convince me

that you're a committed pacifist. What
I've done, Lieutenant, is to seek

separation from the Naval Reserves.

I'm not impressed, Commander.

I'm sure that life is sweeter in the
Virginia suburbs than it is in an Iraqi

field hospital.

Lieutenant, that's unnecessary.

Lieutenant Roberts, I want to serve God.

Nothing else matters.

I wrote my memoirs because I think I've
led a pretty interesting life.

You sure it's not the other way around?

You think I'd risk my career, my
freedom, and my reputation just so I

more books?

Maybe you didn't think your reputation
would suffer. It certainly didn't after

the first time you did something like
this.

Objection. Sane.

Major Taney, did you receive
authorization from your senior before

fire on Barkley Cale?

No, but... And were you ever
specifically asked by civilian deputies

scene to provide any assistance
whatsoever?

No, but again... Were you aware of the
regulations prohibiting personnel in the

U .S. Armed Forces from participating in
civilian law enforcement action on U

.S. soil without authorization from the
highest level of the chain of command?

Yes, ma 'am.

And finally, Major, at the time you made
the decision to use your helicopter's

20mm cannon to take out Barkley Kale,
was there any doubt in your mind that

were indeed hovering over U .S.
territory?

No, ma 'am.

I knew exactly where I was.

I have nothing further, Your Honor.

Major Toney, you insisted on taking the
stand today in your own defense.

Why? I wanted to make it clear I'm not
ashamed of what I've done, any of it.

I gave that manuscript to the PAO as a
courtesy.

Does that sound to you like I thought I
was doing anything wrong?

Did you attempt to seek approval from
your media chain of command before

action in this incident?

Yes, sir.

Did you ever receive direct instructions
from Sheriff Driscoll to leave the

scene and stay out of the matter? No,
Commander.

So acting upon what you could see on the
ground.

You decide to take action in this
incident knowing full well what the

consequences might be.

Yes, sir.

Have you ever done anything like this
before, Major?

Yes, sir.

In Desert Storm, I was the first on the
scene of a downed F -14.

Now the Super Cobra only has seats for
the two pilots, but I could see the

Iraqis approaching.

So I loaded the injured pilot into my
seat, and I rode back to base on a

starboard skid while my co -pilot manned
the controls.

Could you have received command
approval?

for an action like this.

No, sir.

But when I got back to base, saved that
pilot's life, the only thing my

commanders talked about was what awards
I should be recommended for.

And do you believe you should be awarded
a medal for shooting Barkley Kale,

Major?

I didn't shoot that man to win an award,
sir.

I wanted to have something to write
about.

I shot him because I believed it was the
only way I could prevent him from

killing people.

Thank you, Major.

Nothing further.

I guess I owe you an apology, Dad.

I didn't mean for the questioning to get
so personal in there.

Religion is personal, Sturgis.

You can't discuss it dispassionately.

All you've been through, you still trust
in people.

You still believe Commander Bentley is
sincere.

People have a way of letting you down.

Is this about a woman, Sturgis? That
congresswoman Latham, maybe?

She loved politics more than she loved
me. That is ancient history.

It's in my nature to try to do my best.
My friends, my co -workers.

Try this one, Dad.

Your son, the son of a man who joined
the Navy back when we were called

Negroes, a man who tolerated all that
bigotry because he wanted to serve his

country, that man's son is facing a
complaint of racial bias.

You're embarrassed by your favorite son
yet, Dad. I was accused of being racist

against Koreans.

Is it true?

I don't know.

Then it's not about your co -workers.
It's about you.

I'm so far away from what I wanted to be
in my life, I don't even recognize

myself, Dad.

We're all sinners, son.

All imperfect.

You gotta accept that and let it pass.

You gotta learn how to bend before you
break.

The term posse comitatus means force of
the country. And for 125 years, we have

kept the military out of local law
enforcement.

There are no soldiers or tanks
patrolling our streets.

No troops enforcing laws at the whims of
their commanders.

And that's what separates us from the
banana republics of the world, Your

The law is subject to numerous
exceptions, is it not, Colonel?

Only in very narrow instances, Your
Honor. In this case, there were no

orders expressly forbidding Major Tunney
from doing what he did.

But Major Tunney is presumed to know the
law, and that law makes it illegal for

a Marine major with an attack helicopter
to become a vigilante.

Objection, pejorative.

Sustained. Is there any proof Major
Tunney acted out of any motive other

save lives, including his own and that
of his co -pilot?

No such proof, Your Honor. Only a strong
suspicion that the Major wanted to add

a chapter to his memoirs.

After 9 -11, state governors had to call
the National Guard in to patrol

airports because to give that job to
regular Army troops would have been

illegal.

The law is worse than obsolete, Your
Honor. It's a danger to national

Objection. We can't ignore laws simply
because they're old.

The Colonel is right.

Commander, you're making a good argument
for repealing the law.

But until I'm elected to Congress, what
am I to do?

Narrowly construe the statute, Your
Honor. Rule that merely returning fire

not violate the law.

We are in recess until tomorrow at 0900.

Commander Bentley.

The skeptic inside of me says that you
wish to avoid being sent to Iraq.

The problem is, I'm not sure that I'm
right.

And I sure can't prove that you're
wrong.

So I am going to recommend to the
convening authority that your request

conscientious objector status and
separation from the Naval Reserves be

approved.

God bless you, Lieutenant.

On a related matter, Commander, if I
understand correctly, you wish to be

removed from any connection to the
military, no matter how indirect.

That's correct, Lieutenant.

In that case, I am separately
recommending that you, as a provider, be

from the military health plan.

Removed? As soon as possible. You should
inform your military patients that

their insurance will no longer cover
your services.

But I will lose my entire practice.

Commander, he can't do that, can he?

I'll certainly appeal on your behalf,
Doctor, but I think the lieutenant's

recommendation will be favorably
received.

But... It seems quite consistent with
your belief, Dr. Bentley.

Commander, you asked for separation.

So if you would, sir, please separate
yourself.

That will be all.

Lieutenant, I will go bankrupt.

Sometimes faith carries a heavy price.

I have to admit that for a while there,
I thought he might be for real.

Never put your faith in people,
Lieutenant.

You will always be disappointed.

It is becoming increasingly difficult to
distinguish between an act of terrorism

worthy of a military response and a
criminal act better suited for police

jurisdiction.

While I have reservations about Major
Tunney's behavior, I also remember our

government's first response to the
attack on the World Trade Center was to

scramble F -16s over the East Coast.

What Major Tunney did cannot be
considered a national security defense

countermeasure. But I do believe...

He acted in good faith to preserve the
lives of U .S. citizens he saw taking

fire.

I do not find that reasonable grounds
exist to charge Major Tunney with an

Article 92 violation.

Therefore, I recommend that no
disciplinary action be taken.

The hearing is concluded.

Congratulations, Major.

Thanks, Commander.

Major, you certainly dodged a bullet
today.

Yes, sir.

Unfortunately, the wing commander
doesn't listen to Navy JAG lawyers.

You're being transferred TAD out of the
squadron, pending a FNAB to evaluate

your flying status.

I guess he figures public perception of
the Corps is more important than one

man's career.

Sure.

It's, uh... It's already done, Major.

Come see me in my office to receive your
orders.

So was it worth it, Major?

Yes, ma 'am.

I'd do it again.