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00:00:04,554 --> 00:00:06,381
Previously on JAG:
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00:00:07,181 --> 00:00:09,008
Pappy, I've got a pop-up.
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00:00:09,225 --> 00:00:12,096
Armoured vehicles converging
on inbound refugees.
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00:00:12,311 --> 00:00:14,185
Suspect refugees in danger.
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00:00:15,231 --> 00:00:18,267
Badman 3, if you haven't been shot at,
Photo Bird is clear.
6
00:00:18,442 --> 00:00:19,983
Recommend disengage.
7
00:00:21,654 --> 00:00:23,481
I can't,
they're going after those refugees.
8
00:00:37,003 --> 00:00:40,087
- I smoked them good, Boomer.
- Oh, you are the man, X.
9
00:00:40,256 --> 00:00:42,379
- Plus you get all the luck.
- Oh, yeah.
10
00:00:42,592 --> 00:00:45,083
Is this the man?
11
00:00:45,303 --> 00:00:47,046
Is this the man?
12
00:00:48,681 --> 00:00:50,259
Something wrong, CAG?
13
00:00:50,474 --> 00:00:52,134
Lieutenant Buxton,
did you attack vehicles
14
00:00:52,310 --> 00:00:54,350
on the highway east of Zlata?
15
00:00:54,520 --> 00:00:55,551
Yes, sir.
16
00:00:55,730 --> 00:00:58,138
Serb armour about to cut off
a group of refugees, sir.
17
00:00:58,357 --> 00:01:00,895
Those Serbs, Lieutenant Buxton,
were Russian peacekeepers.
18
00:01:01,068 --> 00:01:03,641
You killed three
of their senior officers.
19
00:02:06,092 --> 00:02:08,381
Commander Rabb was there?
20
00:02:10,054 --> 00:02:12,130
He was close by.
He was not involved in the action.
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Well, that would be a first.
You've gotta move on this, A.J.
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00:02:17,144 --> 00:02:18,638
Mr. Secretary, with all due respect,
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00:02:18,813 --> 00:02:20,770
we don't even know
what happened yet.
24
00:02:20,982 --> 00:02:23,058
The Russians say
this Lieutenant Buxton
25
00:02:23,234 --> 00:02:25,807
cold-bloodedly murdered three
of their senior officers.
26
00:02:26,028 --> 00:02:28,649
Well, they were always so reliable
during the Cold War.
27
00:02:28,823 --> 00:02:31,361
The Cold War is over, we hope.
28
00:02:31,534 --> 00:02:33,574
Now, do I need to tell you
how important it is
29
00:02:33,744 --> 00:02:35,203
to keep them on our team
in Kosovo?
30
00:02:35,371 --> 00:02:37,862
I pulled Lieutenant Buxton's
service record,
31
00:02:38,040 --> 00:02:40,661
and he has excellent ratings
across the board.
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00:02:40,835 --> 00:02:43,124
Crackerjack pilot,
33
00:02:43,296 --> 00:02:45,917
likely next assignment
Test Pilot School,
34
00:02:46,090 --> 00:02:47,288
could end up an astronaut.
35
00:02:47,466 --> 00:02:50,835
I was thinking something more
along the lines of a court-martial.
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00:02:51,012 --> 00:02:53,585
Sir, we still don't know
what happened.
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00:02:56,100 --> 00:02:57,594
Then find out.
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00:03:21,876 --> 00:03:23,618
Thanks.
39
00:03:26,088 --> 00:03:28,164
Hey, stranger.
40
00:03:28,966 --> 00:03:31,539
- It's good to see you.
- You too.
41
00:03:40,436 --> 00:03:41,515
So how was your trip?
42
00:03:42,772 --> 00:03:45,179
Lieutenant colonel? Ma'am.
43
00:03:47,151 --> 00:03:49,227
Well, this just happened.
I was gonna tell you.
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00:03:49,403 --> 00:03:51,312
My heartiest congratulations, ma'am.
45
00:03:52,114 --> 00:03:55,483
Thank you, commander. At ease.
46
00:03:56,577 --> 00:03:59,661
Can we get to work now? I could really
use your help on this investigation.
47
00:03:59,830 --> 00:04:02,451
You know, the Russians
are screaming bloody murder.
48
00:04:02,625 --> 00:04:05,626
The Pentagon doesn't know whether
to go to war or dig a hole in the sand.
49
00:04:05,795 --> 00:04:07,622
Well, I'm no longer
with the JAG Corps, ma'am.
50
00:04:07,797 --> 00:04:09,588
I'm an aviator.
51
00:04:09,966 --> 00:04:12,457
Oh, so you're not one of us,
you're one of them.
52
00:04:12,635 --> 00:04:16,051
I will, of course, obey any lawful orders
that you give me, ma'am.
53
00:04:16,264 --> 00:04:20,891
- I will try to keep them all lawful, then.
- Aye, aye, ma'am.
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00:04:30,444 --> 00:04:31,903
These things happen, colonel.
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00:04:32,071 --> 00:04:34,942
Sometimes they do, captain,
but they're not supposed to.
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00:04:35,116 --> 00:04:37,025
What was Lieutenant Buxton
supposed to be doing
57
00:04:37,201 --> 00:04:38,695
when he attacked
the Russian vehicles?
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00:04:38,868 --> 00:04:40,032
Monitoring the no-fly zone,
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00:04:40,204 --> 00:04:42,695
keeping Yugoslavian aircraft
out of our operational area
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00:04:42,873 --> 00:04:44,866
as defined
by the cease-fire agreement.
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00:04:45,084 --> 00:04:46,911
The no-fly zone was up in the air,
correct?
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00:04:47,461 --> 00:04:48,624
He was also escorting a plane
63
00:04:48,795 --> 00:04:50,753
photographing
suspected mass gravesites,
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00:04:50,923 --> 00:04:53,046
and he was aware
that rogue Serb forces
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00:04:53,217 --> 00:04:57,297
have been slipping across the border,
terrorising returning refugees.
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00:04:57,470 --> 00:04:59,096
We have standing orders
to prevent that.
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00:04:59,265 --> 00:05:01,258
I see. Had the vehicles
Lieutenant Buxton fired on
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00:05:01,434 --> 00:05:05,099
been reported to be violating
the cease-fire or terrorising refugees?
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00:05:05,271 --> 00:05:06,730
Not to my knowledge.
70
00:05:08,149 --> 00:05:10,225
Captain, I'll need the HUD tapes
from that mission.
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00:05:10,401 --> 00:05:11,681
Also radio and radar readouts,
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00:05:11,861 --> 00:05:14,019
a copy of Lieutenant Buxton's
kneeboard cards,
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00:05:14,196 --> 00:05:15,987
and a tape of the CVIC briefing.
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00:05:16,157 --> 00:05:18,446
Everything Lieutenant Buxton saw
before he went up.
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00:05:18,659 --> 00:05:20,450
How about what he saw
after he went up?
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00:05:20,661 --> 00:05:22,903
I'm all ears, sir.
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00:05:23,122 --> 00:05:25,411
- She talked to my RIO, sir.
- She's just doing her job.
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00:05:25,583 --> 00:05:28,702
She talked to my plane crew,
talked to the damn Russian admiral.
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00:05:28,878 --> 00:05:30,586
I can get to some people
before she does.
80
00:05:30,755 --> 00:05:31,786
Don't do it, Buxton.
81
00:05:31,964 --> 00:05:33,707
They could pile on
obstructing justice too.
82
00:05:33,883 --> 00:05:35,756
Those desk jockeys
aren't gonna be happy
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00:05:35,927 --> 00:05:38,762
until the X-Man's butt
is polishing a rack in Leavenworth.
84
00:05:38,971 --> 00:05:41,129
Look, I know the colonel.
I guarantee you she's fair.
85
00:05:41,307 --> 00:05:42,801
But does she understand?
86
00:05:43,017 --> 00:05:46,220
You were up there with me.
You know what it's like. Come on, sir.
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00:05:46,395 --> 00:05:48,269
You would have taken the shot,
wouldn't you?
88
00:05:48,439 --> 00:05:49,470
I don't know that.
89
00:05:51,901 --> 00:05:54,143
Do you know how it felt, Pappy?
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00:05:54,320 --> 00:05:57,771
Like a tool in a groove,
like a hand in a glove.
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00:05:58,491 --> 00:06:01,326
I mean, how many times
have we practised strafing?
92
00:06:01,535 --> 00:06:05,699
If I get trained 20 years,
my entire life,
93
00:06:05,873 --> 00:06:09,740
to fight in an aircraft
and then retire without ever doing it,
94
00:06:09,919 --> 00:06:11,330
what would that make me?
95
00:06:12,004 --> 00:06:15,503
- Lucky.
- Oh, come on.
96
00:06:15,675 --> 00:06:18,344
You just wanna bore holes in the sky
your whole time in the Navy,
97
00:06:18,511 --> 00:06:21,298
or do you wanna do
what you were built to do?
98
00:06:22,473 --> 00:06:25,807
Look, if I saw those trucks doing
whatever it is you thought they were--
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Driving.
100
00:06:29,438 --> 00:06:33,139
Driving? They were Yugoslavian
and they were just driving?
101
00:06:33,317 --> 00:06:37,101
They were in the wrong place
when I was in the right place.
102
00:06:37,280 --> 00:06:38,359
That's what I thought.
103
00:06:39,323 --> 00:06:41,197
You shouldn't be telling me this.
104
00:06:42,117 --> 00:06:43,909
Why?
105
00:06:47,373 --> 00:06:50,160
- Hello, admiral?
- MacKenzie.
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00:06:50,334 --> 00:06:51,614
That's the SECNAV, colonel.
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00:06:51,794 --> 00:06:53,834
He wanted to hear your report
firsthand.
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00:06:54,005 --> 00:06:56,330
- Good morning, sir.
- What have you got?
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00:06:56,549 --> 00:06:59,668
Well, Lieutenant Buxton's orders
were very clear, sir:
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"Do not engage ground forces
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00:07:01,345 --> 00:07:04,299
without incontrovertible evidence
of prohibited activity.
112
00:07:04,473 --> 00:07:05,504
If in doubt,
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00:07:05,683 --> 00:07:07,925
call the battle force commander
for authorisation."
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00:07:08,144 --> 00:07:09,852
What did his RIO say?
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00:07:10,021 --> 00:07:12,061
Well, he said he was too busy
with his instruments
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00:07:12,273 --> 00:07:13,732
to see what was happening.
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00:07:13,941 --> 00:07:15,934
At ease, lieutenant.
Are those the photographs?
118
00:07:16,110 --> 00:07:17,770
- Yes, sir, these were--
- Thank you.
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00:07:17,945 --> 00:07:19,404
--Taken after the attack.
120
00:07:19,614 --> 00:07:22,781
The destroyed Russian vehicles had
the letters K4 on their roofs and hoods.
121
00:07:22,950 --> 00:07:25,108
They were clearly marked
as part of the peace force.
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00:07:25,328 --> 00:07:28,080
If Lieutenant Buxton had bothered
to take a look, which he didn't,
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00:07:28,247 --> 00:07:30,156
radar shows he went down once,
to strafe.
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00:07:30,333 --> 00:07:34,200
- No identifying passes.
- Sounds like we have plenty.
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00:07:34,378 --> 00:07:35,789
Colonel MacKenzie,
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00:07:35,963 --> 00:07:37,872
can you win a conviction
on manslaughter?
127
00:07:38,549 --> 00:07:39,580
Maybe, sir.
128
00:07:39,759 --> 00:07:41,716
Disobeying orders
would be a stronger case.
129
00:07:41,928 --> 00:07:43,422
Then we'll charge him with both.
130
00:07:49,644 --> 00:07:53,262
- I mean, you just never know, right?
- Thanks.
131
00:07:59,153 --> 00:08:01,822
Bravo, colonel. Bravo.
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00:08:02,823 --> 00:08:07,983
I thank you for seeking justice
for our murdered colleagues.
133
00:08:08,204 --> 00:08:09,615
You like to sit with me?
134
00:08:09,830 --> 00:08:13,116
No, I'm sorry, I promised
to sit with Commander Rabb.
135
00:08:19,924 --> 00:08:21,715
Why don't you give me
the bubonic plague too
136
00:08:21,884 --> 00:08:22,915
while you're at it?
137
00:08:23,469 --> 00:08:24,963
Do you want me to eat
in my stateroom
138
00:08:25,137 --> 00:08:26,762
so the other boys
don't get mad at you?
139
00:08:26,973 --> 00:08:29,546
No, no, stay.
140
00:08:29,725 --> 00:08:32,761
I should warn you, though,
that meat loaf was a bad choice.
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00:08:32,937 --> 00:08:35,309
Right. Thanks.
142
00:08:35,982 --> 00:08:37,939
We haven't really had a chance
to talk.
143
00:08:38,150 --> 00:08:40,059
Well, we've exchanged e-mails
a few times.
144
00:08:40,236 --> 00:08:43,320
Of course,
you failed to tell me of your promotion.
145
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Well, I didn't wanna
take your mind off--
146
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My new inferiority?
147
00:08:49,120 --> 00:08:52,571
- You feel inferior here?
- Here? No, Mac.
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00:08:52,748 --> 00:08:54,373
I was born to be a pilot.
I belong here.
149
00:08:54,542 --> 00:08:57,163
So JAG, what,
you were just killing time
150
00:08:57,336 --> 00:08:58,664
till you got your eyes fixed?
151
00:08:58,880 --> 00:09:00,125
No, JAG was fine,
152
00:09:00,298 --> 00:09:03,169
although I don't envy
being in your shoes at the moment.
153
00:09:03,676 --> 00:09:07,674
Colonel MacKenzie,
may I have a word with you?
154
00:09:09,849 --> 00:09:12,470
Manslaughter, ma'am? It isn't right.
155
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Court-martial will decide what's right,
lieutenant.
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I was doing
what I was supposed to do,
157
00:09:19,859 --> 00:09:20,938
what I was trained to do.
158
00:09:21,110 --> 00:09:22,984
This is not the time or the place.
159
00:09:23,195 --> 00:09:24,855
Ask the commander.
He'll tell you, ma'am.
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00:09:25,781 --> 00:09:28,699
- Tell me what?
- What I did, why I did it.
161
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He understands.
I told him what happened.
162
00:09:31,120 --> 00:09:32,745
- You told him everything?
- Yes, ma'am.
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00:09:32,914 --> 00:09:35,203
Well, then you just put him
on my witness list.
164
00:09:35,416 --> 00:09:36,994
- Wait a minute.
- You can't do that.
165
00:09:37,210 --> 00:09:40,377
- Actually, I can.
- Yes, but she really doesn't want to.
166
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Because Commander Rabb
is my lawyer.
167
00:09:43,799 --> 00:09:46,041
- What?
- I thought you quit JAG.
168
00:09:46,260 --> 00:09:50,340
- I did quit JAG. I can't be your lawyer.
- Well, you already are, sir.
169
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I told you things confidentially.
You gave me legal advice.
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- He did? You did?
- Well, maybe a little.
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You're my man, Pappy.
172
00:10:02,443 --> 00:10:06,488
Well, Pappy,
I'll be seeing you in court.
173
00:10:25,424 --> 00:10:27,298
In what has become a familiar ritual,
174
00:10:27,468 --> 00:10:30,671
chanting Russians marched outside
the American Embassy today,
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00:10:30,846 --> 00:10:33,717
denouncing the deaths
of three Russian officers in Kosovo.
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They're court-martialling
the poor bastard who killed them.
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What else do they want?
178
00:10:37,979 --> 00:10:39,853
Well, they want you to lose,
commander.
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00:10:40,022 --> 00:10:41,101
Excuse me, sir?
180
00:10:41,274 --> 00:10:44,441
You're the lead counsel in defence
of the poor bastard who killed them,
181
00:10:44,652 --> 00:10:47,772
so I suggest that you put "alleged"
in that phrase from now on.
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00:10:47,947 --> 00:10:49,940
I thought Commander Rabb
had the case, sir.
183
00:10:50,116 --> 00:10:52,524
Well, I thought it was better
that the attorney of record
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00:10:52,702 --> 00:10:55,905
was a lawyer still sanctioned
by the Navy to practise law.
185
00:10:56,122 --> 00:10:58,993
I don't think Rabb
will be happy to see me, sir.
186
00:10:59,166 --> 00:11:02,037
Lieutenant, you'll assist
Colonel MacKenzie in the prosecution.
187
00:11:02,253 --> 00:11:03,284
Aye, aye, sir.
188
00:11:03,462 --> 00:11:06,629
You and Brumby will leave
for the Mediterranean at 1930 tonight.
189
00:11:06,799 --> 00:11:09,670
You can leave the office,
say, 1700 to pack.
190
00:11:09,844 --> 00:11:13,047
We don't all have to be there
for the investigation, do we, sir?
191
00:11:13,264 --> 00:11:16,051
Well, it is customary
the attorneys attend the court-martial.
192
00:11:16,225 --> 00:11:18,134
It's gonna be held
on the Patrick Henry.
193
00:11:18,352 --> 00:11:19,431
Why, sir?
194
00:11:19,604 --> 00:11:21,976
Well, the CAG made
the not unreasonable point
195
00:11:22,148 --> 00:11:23,975
that the defendant,
several of the witnesses,
196
00:11:24,150 --> 00:11:28,527
and one of the defence attorneys
are active-duty pilots in a war zone.
197
00:11:28,696 --> 00:11:31,899
They may need to walk out
of that courtroom and do their jobs.
198
00:11:32,074 --> 00:11:33,616
- That will be all.
- Sir?
199
00:11:35,578 --> 00:11:38,116
Do you have any message
for Commander Rabb?
200
00:11:38,289 --> 00:11:39,783
No.
201
00:12:02,563 --> 00:12:04,520
- Hey, how was your trip?
- I don't know.
202
00:12:04,690 --> 00:12:06,683
I'll ask my stomach
if I ever see it again.
203
00:12:06,901 --> 00:12:08,360
You've never been tailhooked
before?
204
00:12:08,569 --> 00:12:10,858
My mother said it was a sin
before marriage.
205
00:12:11,030 --> 00:12:13,651
Flight Deck Green Crew
get on the line.
206
00:12:13,824 --> 00:12:16,149
- Bud.
- Colonel.
207
00:12:16,369 --> 00:12:18,326
I'm ready to dive
right into this case, ma'am.
208
00:12:18,537 --> 00:12:19,996
Somehow, Bud, you don't look it.
209
00:12:20,206 --> 00:12:21,784
Do you know
where Commander Rabb is?
210
00:12:21,999 --> 00:12:24,039
Out there.
211
00:12:26,379 --> 00:12:28,206
He's keeping up his quals.
212
00:12:41,852 --> 00:12:43,928
We shouldn't even
be having this conversation.
213
00:12:44,105 --> 00:12:46,477
What Lieutenant Buxton did
isn't manslaughter.
214
00:12:46,649 --> 00:12:48,274
At worst, it's collateral damage.
215
00:12:48,442 --> 00:12:52,309
Any person who unlawfully kills
a human being by culpable negligence
216
00:12:52,488 --> 00:12:54,694
is guilty of involuntary manslaughter.
217
00:12:54,865 --> 00:12:57,783
Actually, we could've charged murder.
We're already giving you a break.
218
00:12:57,952 --> 00:12:59,327
I didn't murder anybody, ma'am.
219
00:12:59,495 --> 00:13:01,903
Lieutenant, now,
you insisted that I be your lawyer,
220
00:13:02,081 --> 00:13:04,038
so listen to me. Be quiet.
221
00:13:04,250 --> 00:13:07,037
We might reduce the charge
even further if your client pleads.
222
00:13:07,253 --> 00:13:09,329
- To what?
- Negligent homicide.
223
00:13:09,547 --> 00:13:12,003
Three years confinement
and a dishonourable discharge?
224
00:13:12,216 --> 00:13:14,043
For killing three people?
It's a bargain.
225
00:13:14,260 --> 00:13:16,549
- Unacceptable.
- Hold on, let's confer with our client.
226
00:13:16,721 --> 00:13:17,966
I know where my client stands.
227
00:13:18,139 --> 00:13:19,633
- How?
- Am I allowed to talk now?
228
00:13:19,807 --> 00:13:20,838
- No.
- Yeah.
229
00:13:21,017 --> 00:13:23,342
Maybe you three should have
a conference among yourselves
230
00:13:23,519 --> 00:13:24,894
before you get together with us.
231
00:13:25,062 --> 00:13:26,556
- Excellent idea.
- We don't need one.
232
00:13:29,108 --> 00:13:31,599
Well, they'll get it together
eventually, Bud.
233
00:13:31,777 --> 00:13:34,482
For the "disobeying an order" count,
we'll need to nail down
234
00:13:34,655 --> 00:13:38,273
that NATO rules of engagement
qualify as a general order.
235
00:13:38,451 --> 00:13:41,820
I think the older precedents
are on our side, but I want you to...
236
00:13:43,122 --> 00:13:45,791
Bud. Bud?
237
00:13:45,958 --> 00:13:47,583
Do you know
what they're doing up there?
238
00:13:47,752 --> 00:13:49,828
They're landing 40,000 pounds
of screaming metal
239
00:13:50,004 --> 00:13:52,756
onto a tiny speck
in the middle of the ocean.
240
00:13:52,924 --> 00:13:54,964
That's what Lieutenant Buxton does
for a living.
241
00:13:55,134 --> 00:13:56,759
Commander Rabb too.
242
00:13:56,928 --> 00:14:00,048
All I do is look up legal technicalities
on a laptop computer.
243
00:14:00,264 --> 00:14:01,842
Well, would you feel better about it
244
00:14:02,016 --> 00:14:04,803
if your computer
weighed 40,000 pounds?
245
00:14:07,521 --> 00:14:09,015
No, ma'am.
246
00:14:09,190 --> 00:14:11,266
Those precedents,
do you want military courts only,
247
00:14:11,442 --> 00:14:12,473
or anything federal?
248
00:14:22,536 --> 00:14:23,699
Yes, ma'am, as the fleet JAG,
249
00:14:23,871 --> 00:14:26,444
I briefed the members
of Squadron VF-218
250
00:14:26,666 --> 00:14:29,203
on the rules of engagement
for Operation Joint Guard.
251
00:14:29,377 --> 00:14:31,998
Was the defendant, Lieutenant
Buxton, present for the briefing?
252
00:14:32,171 --> 00:14:34,329
- Yes, ma'am.
- So, what did you tell the squadron?
253
00:14:34,507 --> 00:14:36,167
Well, basically,
that they could use force
254
00:14:36,342 --> 00:14:38,714
only when enemy forces
were demonstrating hostile intent
255
00:14:38,886 --> 00:14:41,377
or committing hostile acts
against NATO forces
256
00:14:41,556 --> 00:14:43,513
or civilians under our protection.
257
00:14:43,724 --> 00:14:45,966
And what if the situation
was ambiguous?
258
00:14:46,185 --> 00:14:49,683
Then they were to pass requests
to use force up the chain of command.
259
00:14:49,897 --> 00:14:53,681
And after you explained all that, what,
if anything, did Lieutenant Buxton say?
260
00:14:53,901 --> 00:14:55,894
He said,
"And if I need to scratch my six,
261
00:14:56,070 --> 00:14:57,897
do I have to call the president?"
262
00:14:58,072 --> 00:15:00,112
What is his six, Lieutenant Aldridge?
263
00:15:00,324 --> 00:15:02,566
- His behind, ma'am.
- Thank you.
264
00:15:03,536 --> 00:15:06,288
I'm an S-3 pilot
in Sea Control Squadron 28,
265
00:15:06,455 --> 00:15:09,658
attached to Air Wing 16
onboard USS Patrick Henry.
266
00:15:09,834 --> 00:15:11,494
We fly antisubmarine
warfare missions.
267
00:15:11,669 --> 00:15:13,377
We also do in-flight refuel.
268
00:15:13,546 --> 00:15:14,874
Was there an occasion last month
269
00:15:15,047 --> 00:15:17,882
when you began and then aborted
a refuelling of the defendant's plane?
270
00:15:18,050 --> 00:15:21,336
Objection. That occasion has nothing
to do with the incident at issue here.
271
00:15:21,554 --> 00:15:23,381
What is the relevance,
Colonel MacKenzie?
272
00:15:23,598 --> 00:15:26,516
- I believe it will soon become clear.
- Give me a hint.
273
00:15:26,726 --> 00:15:29,478
Negligent carelessness
is a key element of manslaughter.
274
00:15:29,645 --> 00:15:31,934
We will show that such carelessness
by Lieutenant Buxton
275
00:15:32,106 --> 00:15:35,356
did not suddenly emerge
on the day of the crime charged here.
276
00:15:35,568 --> 00:15:37,561
- I'll allow it.
- Sir.
277
00:15:37,737 --> 00:15:42,198
- I'll allow it. Just keep it short.
- Yes, sir.
278
00:15:42,366 --> 00:15:44,857
Lieutenant Mirvis,
please describe that aborted refuelling.
279
00:15:45,036 --> 00:15:46,115
Yes, ma'am.
280
00:15:46,287 --> 00:15:48,695
Lieutenant Buxton radioed us
that he was low on fuel.
281
00:15:48,915 --> 00:15:51,073
We were low ourselves,
but we told him to come on over
282
00:15:51,250 --> 00:15:52,709
and I streamed my drogue.
283
00:15:52,919 --> 00:15:55,410
- I was about to give everything I had.
- What happened then?
284
00:15:55,588 --> 00:15:57,913
We received an emergency call
from another pilot.
285
00:15:58,090 --> 00:15:59,253
Actually, the commander.
286
00:16:01,552 --> 00:16:03,545
He'd had a bird strike
and was streaming fuel.
287
00:16:03,721 --> 00:16:06,924
So two planes needing fuel
and you low.
288
00:16:07,099 --> 00:16:09,886
What would standard operating
procedure be in a situation like that?
289
00:16:10,102 --> 00:16:12,593
Give them both a little
and direct them to another tanker.
290
00:16:12,813 --> 00:16:14,556
- Is that what happened?
- No, ma'am.
291
00:16:15,066 --> 00:16:16,691
Lieutenant Buxton pulled away
292
00:16:16,859 --> 00:16:19,397
and said that he could make it back
to the carrier okay.
293
00:16:19,570 --> 00:16:21,527
Really?
Well, when he first radioed you,
294
00:16:21,697 --> 00:16:23,405
how much fuel
did he tell you he needed?
295
00:16:23,616 --> 00:16:25,905
He said he needed 2,000 pounds.
296
00:16:26,118 --> 00:16:29,569
How much fuel was he supposed to be
carrying in reserve when he landed?
297
00:16:29,997 --> 00:16:33,615
- Two thousand pounds.
- Two thousand pounds he didn't have.
298
00:16:33,834 --> 00:16:36,040
He could've crashed,
isn't that right, lieutenant?
299
00:16:36,254 --> 00:16:38,579
- He did land safely, colonel.
- He barely landed at all.
300
00:16:38,756 --> 00:16:42,836
- Objection.
- Withdrawn. No further questions.
301
00:16:43,970 --> 00:16:46,639
Lieutenant Mirvis,
by declining to take fuel for himself,
302
00:16:46,806 --> 00:16:49,475
did Lieutenant Buxton
accomplish anything that morning?
303
00:16:49,684 --> 00:16:50,847
Yes, sir.
304
00:16:51,018 --> 00:16:53,639
He made sure that you got enough
to get back safely.
305
00:16:53,854 --> 00:16:55,645
Thank you.
306
00:17:21,716 --> 00:17:23,459
Look at that, commander.
307
00:17:23,634 --> 00:17:29,055
Getting up to 1,500 miles an hour,
pulling six-G turns,
308
00:17:29,223 --> 00:17:33,137
finding a carrier deck
on a night like this.
309
00:17:34,478 --> 00:17:35,806
You know what the pilots call us?
310
00:17:37,398 --> 00:17:38,678
"Legal weenies."
311
00:17:40,401 --> 00:17:44,481
Yeah, well, at least we don't have to go
1,500 miles an hour,
312
00:17:44,655 --> 00:17:48,320
pull six-G turns, or find a carrier deck
on a night like this.
313
00:17:48,534 --> 00:17:51,654
Sorry, commander, I didn't mean
to imply you should feel inadequate.
314
00:17:51,871 --> 00:17:55,287
Maybe they're the ones
who feel inadequate, Bud.
315
00:18:03,925 --> 00:18:06,594
All right, how did you hear
about the refuelling incident?
316
00:18:06,761 --> 00:18:09,169
Well, the Russian admiral told me.
317
00:18:09,347 --> 00:18:13,048
Apparently Buxton told him the story
when they were jaw-jacking one night.
318
00:18:13,267 --> 00:18:15,888
That was before
he started killing Russians.
319
00:18:16,062 --> 00:18:18,731
Harm, you knew he was pulling stunts
like landing on fumes.
320
00:18:18,898 --> 00:18:20,689
He could've killed three people then.
321
00:18:20,858 --> 00:18:22,851
- He didn't.
- He could have.
322
00:18:23,069 --> 00:18:25,145
I mean, you didn't blow the whistle.
What was that?
323
00:18:25,321 --> 00:18:27,990
Some sort of
macho pilot camaraderie?
324
00:18:28,199 --> 00:18:31,200
- You don't even like the guy.
- I'm a pilot, Mac.
325
00:18:31,369 --> 00:18:34,536
I don't pull out my law book
every time I see one of them jaywalk.
326
00:18:34,747 --> 00:18:38,081
Oh, so you let him jaywalk,
and now here we are.
327
00:18:38,668 --> 00:18:42,167
Gives us an opportunity
for another one of our friendly chats.
328
00:18:49,136 --> 00:18:51,888
What is your assignment
in the Air Force, Captain Weston?
329
00:18:52,098 --> 00:18:54,767
I'm a senior strike controller
on an E-2-Charlie Hawkeye
330
00:18:54,934 --> 00:18:56,393
flying out of Aviano.
331
00:18:56,561 --> 00:18:58,269
And what is your mission?
332
00:18:58,437 --> 00:19:00,346
We basically fly around
on surveillance station
333
00:19:00,523 --> 00:19:01,768
for 12 hours at a time,
334
00:19:01,941 --> 00:19:05,392
providing command and control
for allied aircraft over the truce area.
335
00:19:05,569 --> 00:19:08,524
- Do you tell NATO pilots what to do?
- Yes, ma'am.
336
00:19:08,739 --> 00:19:10,364
You tell them what not to do?
337
00:19:10,533 --> 00:19:13,238
We do, or we provide a link
to the command centre in Vicenza,
338
00:19:13,411 --> 00:19:14,441
and it tells them.
339
00:19:15,037 --> 00:19:17,908
Did you communicate one day
last month with the defendant?
340
00:19:18,081 --> 00:19:20,620
- Yes, ma'am.
- I renew my objection to this.
341
00:19:20,793 --> 00:19:22,287
The day the colonel is asking about
342
00:19:22,461 --> 00:19:24,999
is not the day of the incident
we're concerned with here, sir.
343
00:19:25,172 --> 00:19:26,500
Is that right, Colonel MacKenzie?
344
00:19:26,674 --> 00:19:28,002
Yes, sir, it was another occasion
345
00:19:28,175 --> 00:19:30,748
when the defendant demonstrated
dangerously reckless conduct.
346
00:19:30,970 --> 00:19:33,093
May we approach, sir?
347
00:19:37,143 --> 00:19:39,432
What exactly is this witness
gonna testify to?
348
00:19:39,604 --> 00:19:41,929
A few days before the defendant
started killing Russians,
349
00:19:42,106 --> 00:19:45,107
he defied warnings to stand down,
crossed into Yugoslav airspace
350
00:19:45,276 --> 00:19:47,434
to chase a MiG
that he had no right to chase,
351
00:19:47,611 --> 00:19:49,320
and was nearly shot down
for his trouble.
352
00:19:49,530 --> 00:19:51,986
Now, Commander Rabb here
saved his life.
353
00:19:52,199 --> 00:19:54,524
Commander, I'm beginning to think
you should be a witness
354
00:19:54,702 --> 00:19:55,817
instead of defence counsel.
355
00:19:56,037 --> 00:19:58,113
Sir, my testimony
would not be relevant.
356
00:19:58,289 --> 00:20:01,076
All mention of these incidents
is prejudicial to the defendant.
357
00:20:01,250 --> 00:20:04,251
It's also a breach of Rule 404
of the Rules of Evidence.
358
00:20:04,420 --> 00:20:06,828
The prosecution
cannot mention prior bad acts.
359
00:20:07,006 --> 00:20:10,173
- We can if they go to proof of motive.
- What motive?
360
00:20:10,343 --> 00:20:13,344
Buxton had no motive to kill Russians.
Even you grant it was unintended.
361
00:20:13,512 --> 00:20:16,963
Yes, but motivated by his desire
to fight, his desire for glory,
362
00:20:17,141 --> 00:20:19,098
and his lack of concern
over where he went
363
00:20:19,268 --> 00:20:20,431
or who he shot at to get it.
364
00:20:20,645 --> 00:20:24,061
That is completely unsubstantiated
speculation, colonel.
365
00:20:24,232 --> 00:20:28,182
I can substantiate it
if you'll allow me to show the pattern.
366
00:20:29,654 --> 00:20:32,110
Your objection, Commander Rabb,
is overruled.
367
00:20:32,281 --> 00:20:34,108
Proceed, Colonel MacKenzie.
368
00:20:36,744 --> 00:20:41,287
- We're getting killed.
- Your fault, mate. You saved him.
369
00:20:57,807 --> 00:20:59,432
And what was
Lieutenant Buxton's mission
370
00:20:59,600 --> 00:21:01,758
on the day he attacked
the Russian vehicles, captain?
371
00:21:01,936 --> 00:21:04,059
To patrol the no-fly zone
and to escort a plane
372
00:21:04,230 --> 00:21:07,184
taking photographs
of suspected mass gravesites.
373
00:21:07,358 --> 00:21:10,312
So nothing
about killing Russian observers,
374
00:21:10,486 --> 00:21:11,601
is that correct, sir?
375
00:21:11,821 --> 00:21:14,146
There was a standing order
to protect returning refugees
376
00:21:14,323 --> 00:21:16,861
from rogue elements
of the Yugoslav military.
377
00:21:17,076 --> 00:21:18,487
Wasn't there also a standing order
378
00:21:18,661 --> 00:21:20,737
to query higher authority
before firing at a target
379
00:21:20,913 --> 00:21:22,906
if there was anything ambiguous
about it?
380
00:21:23,082 --> 00:21:25,917
If there was anything ambiguous
about it, yes.
381
00:21:26,127 --> 00:21:29,081
And wasn't the defendant also subject
to a standing rule of engagement
382
00:21:29,255 --> 00:21:31,827
not to use force
except in response to a hostile act
383
00:21:32,008 --> 00:21:34,464
or a clear demonstration
of hostile intent?
384
00:21:34,635 --> 00:21:37,801
- Yes.
- Thank you, captain.
385
00:21:39,640 --> 00:21:41,965
Captain Pike,
were the refugees in the vicinity
386
00:21:42,143 --> 00:21:44,219
of the vehicles
Lieutenant Buxton attacked?
387
00:21:44,437 --> 00:21:45,931
Yes, a mile or two down the road.
388
00:21:46,147 --> 00:21:48,685
- In the direction the vehicles headed?
- Yes.
389
00:21:48,900 --> 00:21:51,735
Were Yugoslavian vehicles supposed
to be anywhere near those refugees?
390
00:21:51,903 --> 00:21:53,694
- No.
- Why not, sir?
391
00:21:53,863 --> 00:21:56,354
Because the week before,
they shot ten people there.
392
00:21:56,574 --> 00:21:59,409
So, captain, as a combat officer,
in your opinion,
393
00:21:59,577 --> 00:22:01,783
was it reasonable
to infer hostile intent
394
00:22:01,954 --> 00:22:04,908
to Yugoslavian vehicles
headed in that direction on that road?
395
00:22:05,124 --> 00:22:08,493
- Yes.
- Thank you, sir. No further questions.
396
00:22:08,669 --> 00:22:10,044
"Reasonable to infer."
397
00:22:10,213 --> 00:22:13,048
Now, doesn't "infer" imply
that there was some sort of ambiguity
398
00:22:13,216 --> 00:22:14,247
in the situation?
399
00:22:14,425 --> 00:22:16,998
It implies the pilot
had to make a judgement.
400
00:22:17,220 --> 00:22:19,213
The type of judgement
that was supposed to be made
401
00:22:19,387 --> 00:22:20,966
by a senior authority,
402
00:22:21,140 --> 00:22:23,346
not an amped-up pilot
looking for a shot at glory.
403
00:22:23,517 --> 00:22:25,593
- Objection.
- Sustained.
404
00:22:25,770 --> 00:22:28,641
Colonel,
I would say you had to be there.
405
00:22:28,856 --> 00:22:30,184
Well, since that's not possible,
406
00:22:30,358 --> 00:22:33,063
we're just gonna have to
do the best we can right here.
407
00:22:33,236 --> 00:22:35,276
No further questions.
408
00:22:35,446 --> 00:22:36,905
Let me have a crack at it, mate.
409
00:22:37,490 --> 00:22:40,242
Captain Pike, as air wing commander,
you are responsible
410
00:22:40,409 --> 00:22:43,113
for the competent operation
of every plane in the group, correct?
411
00:22:43,329 --> 00:22:44,574
Yes.
412
00:22:45,081 --> 00:22:48,699
For example, if you noticed that a pilot
was drunk as he entered the cockpit,
413
00:22:48,876 --> 00:22:51,248
it would be your duty to prevent that,
wouldn't it?
414
00:22:51,420 --> 00:22:52,998
Yes, commander.
415
00:22:53,172 --> 00:22:54,666
Captain,
are you aware of an incident
416
00:22:54,840 --> 00:22:58,291
in which Lieutenant Buxton returned
to the carrier dangerously low on fuel?
417
00:22:58,511 --> 00:23:00,504
There was an occasion
when he had a lower reserve
418
00:23:00,680 --> 00:23:02,589
than regulations require.
419
00:23:02,765 --> 00:23:03,844
What's he doing?
420
00:23:04,016 --> 00:23:07,052
And did you discipline the lieutenant
for that infraction, sir?
421
00:23:07,270 --> 00:23:09,891
- I counselled him.
- Counselled him?
422
00:23:10,064 --> 00:23:12,021
Then are you aware
of a subsequent incident
423
00:23:12,233 --> 00:23:14,391
in which the lieutenant
conducted unauthorised pursuit
424
00:23:14,569 --> 00:23:17,190
of a Yugoslav MiG
and was nearly shot down?
425
00:23:17,363 --> 00:23:20,317
Sir, may I confer with cocounsel?
426
00:23:20,533 --> 00:23:23,285
- Now?
- It'll take but a minute, sir.
427
00:23:23,494 --> 00:23:25,119
Very well.
428
00:23:27,748 --> 00:23:29,408
What the hell are you doing
up there?
429
00:23:29,625 --> 00:23:32,294
- Trying to get our client off the hook.
- Doesn't sound that way.
430
00:23:32,461 --> 00:23:34,454
I'm stuck with lemons, Harm.
I'm making lemonade.
431
00:23:34,630 --> 00:23:37,916
- Short recess, sir?
- Ten minutes.
432
00:23:39,760 --> 00:23:42,002
When were you gonna let me in
on this strategy, Brumby?
433
00:23:42,179 --> 00:23:46,426
Just came to me, a desperation move
after you struck out on your cross.
434
00:23:46,601 --> 00:23:48,261
- I struck out?
- Correction:
435
00:23:48,436 --> 00:23:51,639
- Colonel MacKenzie struck you out.
- Were you and I in the same room?
436
00:23:51,814 --> 00:23:52,977
Look, Harm, she hammered us,
437
00:23:53,149 --> 00:23:55,521
getting those previous reckless acts
into the record.
438
00:23:55,693 --> 00:23:58,611
- They weren't reckless, commander.
- No, they were insane.
439
00:23:58,779 --> 00:24:01,531
- We'll deal with them.
- I am dealing with them.
440
00:24:01,741 --> 00:24:04,030
Making them work to our advantage
by shifting blame
441
00:24:04,201 --> 00:24:06,870
for the deaths of the Russians
to Captain Pike.
442
00:24:07,079 --> 00:24:09,155
What's the CAG got to do with this?
443
00:24:09,373 --> 00:24:10,867
Four years ago
an Air Group commander
444
00:24:11,042 --> 00:24:14,162
was successfully court-martialled
for dereliction of duty
445
00:24:14,337 --> 00:24:17,338
after the fatal crash of a pilot
under his command
446
00:24:17,506 --> 00:24:19,297
with a history of reckless flying.
447
00:24:19,800 --> 00:24:20,831
So?
448
00:24:21,052 --> 00:24:22,961
So the commander
should've grounded the pilot.
449
00:24:23,137 --> 00:24:26,720
After your stunts,
the CAG should have grounded you.
450
00:24:26,891 --> 00:24:30,307
Strictly speaking, it's not a defence,
but it could influence the members.
451
00:24:31,270 --> 00:24:32,812
So you're trying to get me off
452
00:24:32,980 --> 00:24:35,388
by telling these people
that I shouldn't be allowed to fly?
453
00:24:35,858 --> 00:24:37,981
- Yeah.
- Sir, you're fired.
454
00:24:38,194 --> 00:24:40,767
Fine. You tell him, Harm.
455
00:24:42,156 --> 00:24:45,157
It's not fair to the CAG,
and it could backfire, Brumby.
456
00:24:45,326 --> 00:24:46,951
I'm not talking about fair.
457
00:24:47,119 --> 00:24:49,575
This is all we've got
to get our client acquitted of a crime
458
00:24:49,747 --> 00:24:52,416
that could land him in jail
for ten bloody years, mate.
459
00:24:52,583 --> 00:24:55,869
That's my job, Harm.
It's your job too, remember?
460
00:25:01,551 --> 00:25:02,926
It could work.
461
00:25:03,135 --> 00:25:06,089
I don't care
if it gets me a ticker-tape parade.
462
00:25:06,264 --> 00:25:07,758
I am not gonna slam the CAG,
463
00:25:07,932 --> 00:25:10,886
and I'm not gonna tell these people
I'm not competent to fly.
464
00:25:11,060 --> 00:25:12,887
So would you rather go to jail
for ten years?
465
00:25:13,104 --> 00:25:15,180
I'd rather go to jail
for 10,000 years, sir.
466
00:25:16,899 --> 00:25:19,568
I guess we're trying something else,
Brumby.
467
00:25:25,116 --> 00:25:27,239
Hey, the mystery recess over?
468
00:25:27,410 --> 00:25:29,735
Are you gonna go back in there
and try to lynch the CAG?
469
00:25:29,912 --> 00:25:32,154
Actually, there will be
no further questions, colonel.
470
00:25:32,331 --> 00:25:34,240
Isn't this a terrible comedown for you,
though?
471
00:25:34,417 --> 00:25:36,540
I mean, out of the air
and back into the courtroom?
472
00:25:36,710 --> 00:25:39,831
Terrible?
No, except for working with Brumby.
473
00:25:40,006 --> 00:25:44,300
Well, I guess for you it's just one case
and then, you know, you're done.
474
00:25:45,177 --> 00:25:48,628
- What's with him?
- He's a legal weenie.
475
00:25:52,393 --> 00:25:53,424
I can assure you,
476
00:25:53,603 --> 00:25:56,557
no one is trying to diminish the deaths
of the Russian officers.
477
00:25:56,731 --> 00:25:58,190
I should hope not.
478
00:25:58,399 --> 00:26:00,890
- I just have a few questions, sir.
- Shoot.
479
00:26:03,112 --> 00:26:05,603
Can you tell us what this is, admiral?
480
00:26:06,407 --> 00:26:08,945
That is the flag of my country,
Russia.
481
00:26:09,118 --> 00:26:10,861
This the same flag that was flown
482
00:26:11,037 --> 00:26:13,029
by the armed column
Lieutenant Buxton attacked?
483
00:26:13,247 --> 00:26:14,527
Of course.
484
00:26:14,749 --> 00:26:19,909
- Can you tell us what this is, sir?
- That is the flag of Yugoslavia.
485
00:26:20,630 --> 00:26:24,295
- Very similar, wouldn't you say, sir?
- I suppose.
486
00:26:24,508 --> 00:26:28,422
I would like these marked
Defence Exhibits 7 and 8, sir.
487
00:26:30,014 --> 00:26:32,339
Can you tell us what this is, sir?
488
00:26:35,061 --> 00:26:37,303
An armoured command vehicle,
489
00:26:37,521 --> 00:26:39,514
the same type
that the lieutenant destroyed.
490
00:26:39,732 --> 00:26:42,401
- A BTR-60, is that correct, sir?
- I believe.
491
00:26:42,568 --> 00:26:45,320
Are these same vehicles used
by the Yugoslavian army?
492
00:26:45,529 --> 00:26:46,608
So what?
493
00:26:46,781 --> 00:26:48,690
This one was just driving
down the road.
494
00:26:48,908 --> 00:26:50,735
- Is that a yes, admiral?
- Yes.
495
00:26:50,910 --> 00:26:52,819
But this belonged
to the peacekeeping force.
496
00:26:53,037 --> 00:26:56,073
- It had the initials on the side.
- Thank you, sir. No further questions.
497
00:26:56,249 --> 00:26:57,992
The headquarters knew this.
498
00:26:58,167 --> 00:27:00,836
- The radio channel was open.
- Thank you, sir.
499
00:27:01,003 --> 00:27:04,502
The idiot is supposed to ask
before he shoots.
500
00:27:04,674 --> 00:27:06,049
Thank you, admiral.
501
00:27:08,678 --> 00:27:11,513
I had heard reports of what the Serbs
were doing to the refugees.
502
00:27:11,681 --> 00:27:14,884
- And what was that?
- Objection. Hearsay and irrelevant.
503
00:27:15,059 --> 00:27:17,099
It goes to the defendant's
state of mind, sir.
504
00:27:17,270 --> 00:27:18,681
Overruled.
505
00:27:18,854 --> 00:27:21,523
- What had you heard, lieutenant?
- That they killed them.
506
00:27:21,691 --> 00:27:23,600
They raped them.
They shot children.
507
00:27:24,443 --> 00:27:26,317
What were your orders
regarding all of that?
508
00:27:26,529 --> 00:27:28,071
"Don't let it happen again."
509
00:27:28,281 --> 00:27:29,740
So was this going through your mind
510
00:27:29,907 --> 00:27:32,398
when you saw the Russian column
moving toward the refugees?
511
00:27:32,618 --> 00:27:33,946
I didn't know they were Russian.
512
00:27:34,120 --> 00:27:36,907
Intel didn't say anything
about Russians being in that area.
513
00:27:37,415 --> 00:27:40,202
- They looked like Serbs, commander.
- Looked like?
514
00:27:40,376 --> 00:27:43,163
- Why didn't you radio for information?
- I didn't have enough time.
515
00:27:43,337 --> 00:27:46,788
The road was winding into the woods,
and I knew they'd get to the refugees.
516
00:27:46,966 --> 00:27:49,006
I had to take the shot then
or not at all.
517
00:27:49,218 --> 00:27:51,507
You didn't see the peace-force insignia
on the vehicles?
518
00:27:51,679 --> 00:27:54,431
No, sir, I was flying at 400 knots.
519
00:27:54,599 --> 00:27:57,386
Well, then how did you identify them
as Serbian, lieutenant?
520
00:27:57,602 --> 00:28:01,469
My kneeboard card has silhouettes
of Yugoslavian armour.
521
00:28:01,647 --> 00:28:04,316
- And I'd seen them before.
- When?
522
00:28:04,525 --> 00:28:06,933
During the bombing campaign
before the cease-fire,
523
00:28:07,111 --> 00:28:09,602
when they wouldn't allow us
to fly low enough to stop them.
524
00:28:09,822 --> 00:28:11,613
Stop them from what, lieutenant?
525
00:28:11,824 --> 00:28:16,616
We were out there that day
taking pictures of mass gravesites, sir.
526
00:28:16,787 --> 00:28:18,614
I didn't want there
to be any more gravesites
527
00:28:18,789 --> 00:28:21,197
because I didn't do
what I had a chance to do.
528
00:28:21,417 --> 00:28:23,077
Thank you, lieutenant.
529
00:28:25,838 --> 00:28:28,958
After the cease-fire, you were briefed
on the rules of engagement?
530
00:28:29,467 --> 00:28:31,923
- Yes, ma'am.
- You mocked them.
531
00:28:32,386 --> 00:28:33,880
I made a joke, colonel.
532
00:28:34,096 --> 00:28:36,338
But you asked
if you needed to call the president
533
00:28:36,515 --> 00:28:38,673
when you wanted
to scratch yourself.
534
00:28:39,477 --> 00:28:41,635
Pilots make jokes
in the ready room, ma'am.
535
00:28:41,812 --> 00:28:43,686
You know,
we're in kind of a tense business.
536
00:28:43,898 --> 00:28:47,267
- Oh, so you did respect the rules?
- Yes, ma'am.
537
00:28:47,443 --> 00:28:49,899
You ignored them when you chased
that MiG into Yugoslavia.
538
00:28:50,112 --> 00:28:53,813
- Objection. Is that a question?
- I'll rephrase.
539
00:28:53,991 --> 00:28:55,236
Why did you chase that MiG
540
00:28:55,409 --> 00:28:57,982
in violation
of the rules of engagement?
541
00:28:58,162 --> 00:29:00,618
It adopted an offensive posture
toward me, ma'am.
542
00:29:00,790 --> 00:29:03,577
An offensive posture
nobody else saw.
543
00:29:03,793 --> 00:29:05,287
Nobody was there but me, colonel.
544
00:29:05,503 --> 00:29:06,783
And nobody else seemed to think
545
00:29:06,963 --> 00:29:09,205
the Russian peace observers
were rogue Serbs.
546
00:29:09,382 --> 00:29:12,336
Now, why are you the only one
who sees these things?
547
00:29:12,510 --> 00:29:14,882
- Objection. Argumentative.
- Overruled.
548
00:29:15,054 --> 00:29:16,513
I didn't make it up, ma'am.
549
00:29:16,722 --> 00:29:19,178
You were itching for a fight,
weren't you, lieutenant?
550
00:29:19,350 --> 00:29:21,307
What's wrong with that?
I'm a combat pilot.
551
00:29:21,519 --> 00:29:23,227
Oh, so you are eager for combat?
552
00:29:23,813 --> 00:29:25,093
Well, I didn't join the Navy
553
00:29:25,273 --> 00:29:27,431
to learn computer programming,
colonel.
554
00:29:28,276 --> 00:29:30,150
I joined to fight for my country.
555
00:29:30,319 --> 00:29:33,569
And if there was nobody to fight,
you would find somebody to fight.
556
00:29:34,407 --> 00:29:36,150
I was just doing my job, ma'am.
557
00:29:36,367 --> 00:29:39,154
The rules of engagement
got in the way of your job, didn't they?
558
00:29:39,370 --> 00:29:40,912
I thought they were pusillanimous.
559
00:29:41,122 --> 00:29:44,076
- Sir--
- They were wimpy? Geeky?
560
00:29:44,250 --> 00:29:46,408
What, not appropriate
for a warrior like you?
561
00:29:46,586 --> 00:29:50,204
Sir, this entire line of questioning
is argumentative.
562
00:29:50,423 --> 00:29:52,083
- It's cross-examination.
- Overruled.
563
00:29:52,300 --> 00:29:54,293
How wimpy were they, lieutenant?
564
00:29:54,510 --> 00:29:55,541
Back during the bombing,
565
00:29:55,720 --> 00:29:57,926
we weren't allowed to fly lower
than 15,000 feet
566
00:29:58,097 --> 00:29:59,556
so we wouldn't get hurt,
567
00:29:59,765 --> 00:30:02,470
while people on the ground
were being slaughtered.
568
00:30:02,643 --> 00:30:04,268
Now, I didn't join
a combat organisation
569
00:30:04,478 --> 00:30:06,221
to avoid getting hurt, colonel.
570
00:30:06,439 --> 00:30:08,017
Now, I think
it's an ass-backward war
571
00:30:08,190 --> 00:30:10,977
where a stated purpose
is to have no military casualties.
572
00:30:11,193 --> 00:30:14,443
You think? Do you care what the
National Command Authorities think?
573
00:30:14,655 --> 00:30:16,944
I do what they say, ma'am.
I just don't have to like it.
574
00:30:17,116 --> 00:30:19,109
So you get around it
by seeing what you wanna see,
575
00:30:19,285 --> 00:30:22,120
and now we have
three dead peace-force observers.
576
00:30:22,288 --> 00:30:24,197
- Objection.
- Sit down, commander.
577
00:30:24,373 --> 00:30:25,488
I didn't mean to kill them.
578
00:30:25,666 --> 00:30:28,453
You didn't care enough
to find out who it was you were killing.
579
00:30:28,669 --> 00:30:30,626
- Sir, l--
- Sit down, commander.
580
00:30:31,631 --> 00:30:33,873
Take a look at those flags, ma'am.
They look alike.
581
00:30:34,050 --> 00:30:37,549
You couldn't see the flag.
You were going 400 knots.
582
00:30:37,720 --> 00:30:39,131
And when you got back to the ship,
583
00:30:39,305 --> 00:30:40,965
didn't you celebrate
with your pilot pals?
584
00:30:41,140 --> 00:30:43,845
Military men celebrate
when they kill the enemy, ma'am.
585
00:30:44,018 --> 00:30:47,802
- Somebody who looks like the enemy.
- They were close enough, colonel.
586
00:30:51,943 --> 00:30:54,066
No, they weren't, lieutenant.
587
00:30:55,071 --> 00:30:56,351
No, they weren't.
588
00:31:14,006 --> 00:31:15,631
Maybe if we get him
to plead guilty now,
589
00:31:15,800 --> 00:31:17,957
they won't keelhaul him.
590
00:31:20,555 --> 00:31:21,835
What are you looking for, mate?
591
00:31:22,014 --> 00:31:24,505
A magic spell
to make our client not an idiot?
592
00:31:24,684 --> 00:31:27,389
He said he thought
they were the enemy, Brumby.
593
00:31:27,562 --> 00:31:29,056
He didn't know
who the hell they were.
594
00:31:29,230 --> 00:31:31,519
Colonel MacKenzie
made that pretty clear.
595
00:31:31,691 --> 00:31:33,482
But she can't prove
what he was thinking.
596
00:31:33,651 --> 00:31:35,691
They can still choose to believe him.
597
00:31:35,861 --> 00:31:38,019
Whatever he was thinking,
he crossed the line.
598
00:31:38,197 --> 00:31:39,940
He wasn't supposed to go off
halfcocked.
599
00:31:40,116 --> 00:31:43,117
Actually, I think we should argue
that he was required to.
600
00:31:43,911 --> 00:31:45,536
Excuse me?
601
00:31:45,746 --> 00:31:48,035
I'm gonna put Buxton
back on the stand for redirect.
602
00:31:49,250 --> 00:31:52,417
- You're kidding, right?
- No, desperate.
603
00:31:54,505 --> 00:31:57,340
How did you become a Naval officer,
lieutenant?
604
00:31:57,508 --> 00:32:00,046
I went through ROTC
at Texas A&M, sir.
605
00:32:00,219 --> 00:32:03,054
As part of your training there,
did you take a course in military law?
606
00:32:03,264 --> 00:32:04,295
Yes, sir.
607
00:32:04,473 --> 00:32:07,474
Did that course cover the aspects
of the Uniform Code of Military Justice
608
00:32:07,643 --> 00:32:10,051
that apply to you as an officer
in the United States Navy?
609
00:32:10,271 --> 00:32:11,302
Yes, sir.
610
00:32:11,480 --> 00:32:14,185
Do you remember being instructed
about article 99?
611
00:32:15,525 --> 00:32:16,557
I do, sir.
612
00:32:16,736 --> 00:32:19,308
Let me read you a section
of that article, lieutenant.
613
00:32:19,530 --> 00:32:23,195
Objection. Lieutenant Buxton
is not charged with violating article 99.
614
00:32:23,409 --> 00:32:25,069
He had reason
to believe he would be, sir,
615
00:32:25,244 --> 00:32:27,402
if he failed to attack that column.
616
00:32:27,622 --> 00:32:29,365
This is not possibly relevant,
Your Honour.
617
00:32:29,540 --> 00:32:30,951
Worse, it's a flagrant attempt
618
00:32:31,125 --> 00:32:33,248
to introduce a separate,
confusing issue.
619
00:32:33,461 --> 00:32:35,703
If it confused Lieutenant Buxton,
it makes it relevant.
620
00:32:35,880 --> 00:32:38,169
- Read what you were going to read.
- Your Honour--
621
00:32:38,341 --> 00:32:40,168
I'm not saying
he can do what he wants to do,
622
00:32:40,343 --> 00:32:42,086
I just wanna find out what that is.
623
00:32:42,303 --> 00:32:44,675
Uniform Code of Military Justice,
article 99:
624
00:32:44,889 --> 00:32:47,890
"Any person who before
or in the presence of the enemy
625
00:32:48,059 --> 00:32:50,182
runs away
or willfully fails to do his utmost
626
00:32:50,353 --> 00:32:54,267
to encounter, engage, capture
or destroy combatants,
627
00:32:54,440 --> 00:32:55,934
vessels, aircraft, or any other thing
628
00:32:56,108 --> 00:32:58,599
which it is his duty to encounter,
engage, capture or destroy
629
00:32:58,778 --> 00:33:00,652
shall be punished by death
630
00:33:00,821 --> 00:33:03,988
or such other punishment
as a court-martial may direct."
631
00:33:04,158 --> 00:33:05,736
Your point being, commander?
632
00:33:05,952 --> 00:33:08,787
Lieutenant Buxton reasonably feared,
sir, being court-martialled
633
00:33:08,955 --> 00:33:10,449
if he failed to attack that column.
634
00:33:10,623 --> 00:33:12,497
Article 99 only requires combatants
635
00:33:12,667 --> 00:33:15,787
to attack those things
they have a duty to attack.
636
00:33:16,003 --> 00:33:17,081
If we're gonna argue this,
637
00:33:17,255 --> 00:33:20,624
I suggest that we do it outside
of the hearing of the members.
638
00:33:20,841 --> 00:33:22,750
Members have a right
to hear relevant argument.
639
00:33:22,927 --> 00:33:24,967
This is not relevant, Your Honour.
640
00:33:25,137 --> 00:33:27,046
If a fighting man
fears he will be punished
641
00:33:27,223 --> 00:33:29,299
for not doing what he sees
as his duty--
642
00:33:29,517 --> 00:33:31,095
- Your Honour.
- Approach.
643
00:33:36,774 --> 00:33:39,312
That was an attempt to appeal
to the emotions of the members.
644
00:33:39,485 --> 00:33:40,944
It's a legitimate defence, colonel.
645
00:33:41,153 --> 00:33:43,193
Only if Buxton had a duty
to attack that column,
646
00:33:43,364 --> 00:33:45,191
which, as a matter of fact,
he did not.
647
00:33:45,366 --> 00:33:47,442
I think a "reasonable man" standard
is appropriate.
648
00:33:47,618 --> 00:33:50,405
Would a reasonable man in Buxton's
position believe he could be--?
649
00:33:50,621 --> 00:33:53,326
Executed?
For not shooting at the wrong people?
650
00:33:53,541 --> 00:33:56,293
Is that really what you think
Lieutenant Buxton was thinking about?
651
00:33:56,502 --> 00:33:58,958
I don't know, I was gonna ask him,
when you objected.
652
00:33:59,130 --> 00:34:02,001
Cute, commander.
But the objection is sustained.
653
00:34:02,174 --> 00:34:03,502
You will confine your questioning
654
00:34:03,675 --> 00:34:05,834
to offences the defendant is accused
of committing.
655
00:34:06,012 --> 00:34:08,633
- Thank you, Your Honour.
- Step back.
656
00:34:09,932 --> 00:34:11,212
The defence rests, sir.
657
00:34:11,392 --> 00:34:15,010
Fine. Summations tomorrow.
We're adjourned.
658
00:34:17,273 --> 00:34:19,266
Is there anything else
I can help you with, ma'am?
659
00:34:19,483 --> 00:34:21,310
No, my closing
will be pretty straightforward.
660
00:34:21,485 --> 00:34:23,976
I don't think Harm hurt us enough
to do anything differently.
661
00:34:24,155 --> 00:34:26,064
We're gonna win this one, Bud.
662
00:34:26,240 --> 00:34:28,731
Okay. Great.
663
00:34:28,910 --> 00:34:33,122
- Try to contain your enthusiasm.
- I'm sorry, ma'am.
664
00:34:34,165 --> 00:34:36,870
Bud, what's wrong?
665
00:34:40,421 --> 00:34:42,994
I don't know, ma'am. It's just that...
666
00:34:43,174 --> 00:34:46,210
It's being around all these people
with combat roles.
667
00:34:47,053 --> 00:34:49,544
Lieutenant Roberts,
you are a fine lawyer
668
00:34:49,722 --> 00:34:51,513
and a fine Naval officer.
669
00:34:52,391 --> 00:34:54,847
Thanks, ma'am,
but being a lawyer around here,
670
00:34:55,019 --> 00:34:58,388
it just doesn't seem so manly.
671
00:34:58,606 --> 00:35:01,227
Bud, you are a great father
and a great husband.
672
00:35:01,400 --> 00:35:04,520
I mean, just ask Harriet
how manly you are.
673
00:35:04,737 --> 00:35:06,564
I suppose.
674
00:35:06,739 --> 00:35:08,897
It's just that she's been so busy
with the baby.
675
00:35:11,869 --> 00:35:15,701
- You know?
- Harriet's been tired?
676
00:35:16,290 --> 00:35:18,781
Getting up in the middle of the night
to nurse the baby and--
677
00:35:18,960 --> 00:35:21,416
- Not that she shouldn't.
- So you and she...?
678
00:35:21,629 --> 00:35:24,381
- We're very tired, ma'am.
- You and she aren't--?
679
00:35:24,549 --> 00:35:25,664
It's normal.
680
00:35:25,841 --> 00:35:28,379
And they say it only lasts
681
00:35:28,844 --> 00:35:31,596
for a few years.
682
00:35:34,892 --> 00:35:36,055
Good night, ma'am.
683
00:35:36,978 --> 00:35:38,887
Good night.
684
00:35:49,448 --> 00:35:50,907
This is
Lieutenant Colonel MacKenzie
685
00:35:51,075 --> 00:35:53,068
requesting a phone patch
to the States.
686
00:35:56,414 --> 00:35:58,537
This is a simple case.
687
00:35:58,708 --> 00:36:00,535
Lieutenant Buxton was ordered
not to use force
688
00:36:00,710 --> 00:36:02,833
except in response to a hostile act.
689
00:36:03,004 --> 00:36:05,958
Well, instead, he used force
in the absence of any hostile act.
690
00:36:06,173 --> 00:36:09,127
Lieutenant Buxton was ordered to seek
guidance from higher authorities
691
00:36:09,302 --> 00:36:12,967
if he had any doubt
about the potential target of his force.
692
00:36:13,180 --> 00:36:17,759
Instead, he acted alone,
on his own very mistaken perception.
693
00:36:17,977 --> 00:36:20,183
A mistaken perception
willed into being
694
00:36:20,354 --> 00:36:23,355
by his reckless
and careless desire to find a fight,
695
00:36:23,524 --> 00:36:26,229
even when there was no fight to find.
696
00:36:26,402 --> 00:36:28,975
As a result of his recklessness
and disobedience,
697
00:36:29,155 --> 00:36:32,405
three officers are dead,
698
00:36:33,034 --> 00:36:36,284
their lives taken by an action
that is unlawful in Russia,
699
00:36:36,454 --> 00:36:39,325
unlawful in Yugoslavia,
unlawful in autonomous Kosovo,
700
00:36:39,498 --> 00:36:42,748
and most importantly,
unlawful in the United States Navy.
701
00:36:42,959 --> 00:36:45,118
Lieutenant Buxton
disobeyed his lawful orders,
702
00:36:45,338 --> 00:36:49,170
and as a result,
he caused three wrongful deaths.
703
00:36:49,342 --> 00:36:52,296
It is your duty to find him guilty.
704
00:36:54,680 --> 00:36:57,432
What is the Navy for?
705
00:36:57,642 --> 00:36:59,385
Why do we put on these uniforms,
706
00:36:59,560 --> 00:37:05,183
train for years to fly our aircraft,
to steer these ships?
707
00:37:05,858 --> 00:37:08,610
The basic answer
is to keep our country safe,
708
00:37:08,778 --> 00:37:11,898
to display so much strength
that no aggressor would dare attack us
709
00:37:12,073 --> 00:37:14,860
for fear of suffering
dire consequences.
710
00:37:15,034 --> 00:37:16,943
But what happens
when an aggressor does attack?
711
00:37:17,119 --> 00:37:20,286
Maybe not us,
but people under our protection.
712
00:37:21,123 --> 00:37:23,448
Do we still just display strength?
713
00:37:23,626 --> 00:37:29,130
Fly, sail, march, but do nothing?
Or not enough?
714
00:37:29,632 --> 00:37:32,301
Lieutenant Buxton didn't think so.
715
00:37:32,760 --> 00:37:35,085
And after weeks of flying
at 15,000 feet
716
00:37:35,263 --> 00:37:37,256
while the people
we were supposed to be protecting
717
00:37:37,431 --> 00:37:39,756
were being slaughtered
on the ground,
718
00:37:39,934 --> 00:37:42,769
he was given an order one day
to fly low.
719
00:37:42,937 --> 00:37:45,226
And flying low,
720
00:37:45,398 --> 00:37:48,434
he saw what he thought
was a hostile force
721
00:37:48,609 --> 00:37:50,981
engaged in a hostile act.
722
00:37:51,153 --> 00:37:53,774
So he did what Naval officers
are supposed to do.
723
00:37:53,948 --> 00:37:57,115
He used his intelligence,
he used his initiative,
724
00:37:57,285 --> 00:37:59,325
he made a decision, and he acted.
725
00:37:59,537 --> 00:38:04,697
Now, if we judge that action
just by its unfortunate consequences,
726
00:38:04,917 --> 00:38:07,040
what message are we sending
to future Naval aviators
727
00:38:07,211 --> 00:38:08,919
who see something evil
in a war zone?
728
00:38:09,130 --> 00:38:12,997
Play it safe? Call home?
Come back tomorrow?
729
00:38:13,551 --> 00:38:17,216
John Paul Jones said,
"He who will not risk cannot win."
730
00:38:17,388 --> 00:38:19,381
And he was right.
731
00:38:19,599 --> 00:38:22,007
If we don't take the right lessons
from what happened here,
732
00:38:22,184 --> 00:38:23,892
we'll have more wars
to look forward to,
733
00:38:24,061 --> 00:38:28,390
more aggression from despots
and tyrants, not less.
734
00:38:30,693 --> 00:38:32,104
Don't punish initiative.
735
00:38:32,278 --> 00:38:35,314
Don't second-guess
battlefield decisions.
736
00:38:35,489 --> 00:38:40,068
Acquit Lieutenant Andrew Buxton
of all charges.
737
00:38:40,244 --> 00:38:42,035
Thank you.
738
00:38:44,165 --> 00:38:47,616
Captain Wiggins,
have the members reached a finding?
739
00:38:49,045 --> 00:38:50,208
We have.
740
00:38:50,796 --> 00:38:53,038
The defence will rise.
741
00:38:53,216 --> 00:38:55,422
Captain Wiggins,
will you please announce the finding?
742
00:38:58,386 --> 00:38:59,798
Lieutenant Andrew Buxton,
743
00:39:01,515 --> 00:39:07,221
this court-martial finds you not guilty
of all charges and specifications.
744
00:39:09,690 --> 00:39:11,730
I thank the members for your time
and attention.
745
00:39:11,901 --> 00:39:14,024
Lieutenant Buxton,
you are returned to duty.
746
00:39:14,195 --> 00:39:15,938
Aye, aye, sir.
747
00:39:18,407 --> 00:39:20,150
Thank you.
748
00:39:21,702 --> 00:39:24,322
- You're the man.
- You're the man.
749
00:39:36,300 --> 00:39:41,128
You get it, Pappy.
I didn't think you did, but you get it.
750
00:39:43,099 --> 00:39:44,510
- Come here, man.
- Yeah!
751
00:39:44,684 --> 00:39:47,519
The X-Man is back,
and he's better than ever.
752
00:39:47,687 --> 00:39:51,021
- Get what?
- It's a pilot thing, Mac.
753
00:39:51,190 --> 00:39:52,850
I couldn't possibly explain it.
754
00:39:53,609 --> 00:39:55,103
Attention on deck.
755
00:39:57,071 --> 00:39:59,229
I'm looking forward
to getting back into action, sir.
756
00:39:59,407 --> 00:40:01,731
I'm sure you are, lieutenant,
but that's not gonna happen.
757
00:40:01,909 --> 00:40:05,278
Effective immediately,
you are going TAD to Capodichino.
758
00:40:06,163 --> 00:40:07,705
Shore duty, sir?
759
00:40:07,915 --> 00:40:10,786
Officer in charge
of the corrosion-control detachment
760
00:40:10,960 --> 00:40:13,451
pending a Field Naval Aviator
Evaluation Board,
761
00:40:13,629 --> 00:40:16,713
which I feel certain
will terminate your flight status.
762
00:40:17,508 --> 00:40:19,251
This is political, isn't it, sir?
763
00:40:19,427 --> 00:40:21,716
Coming from Washington
because they couldn't convict me.
764
00:40:21,929 --> 00:40:24,550
No, lieutenant, it's coming from me.
765
00:40:24,724 --> 00:40:27,760
I always hoped your brain
would catch up with your talent,
766
00:40:27,935 --> 00:40:29,726
but I can't fool myself any longer.
767
00:40:42,158 --> 00:40:47,235
Sir, they're sending me to a FNAEB.
They wanna ground me.
768
00:40:47,413 --> 00:40:49,869
Well, what did you expect, Buxton,
a promotion?
769
00:40:50,750 --> 00:40:52,328
Look, you have to help me, sir.
770
00:40:53,920 --> 00:40:56,541
Actually, lieutenant,
I'll be testifying against you.
771
00:40:57,798 --> 00:40:59,874
Against me?
772
00:41:00,051 --> 00:41:02,885
Look, I just heard you in court
talking about my intelligence,
773
00:41:03,054 --> 00:41:05,047
my initiative,
how they had to acquit me.
774
00:41:05,223 --> 00:41:06,386
I was your lawyer.
775
00:41:06,557 --> 00:41:10,306
- It's my job to get you off.
- But you get it, sir.
776
00:41:10,478 --> 00:41:13,265
I mean, come on,
you and me, we're the same.
777
00:41:13,439 --> 00:41:15,266
No, we're not the same.
778
00:41:15,441 --> 00:41:17,766
I'm not reckless. I don't fly stupid.
779
00:41:19,487 --> 00:41:22,192
That's what this is all about, huh?
780
00:41:22,782 --> 00:41:25,949
Yeah, you know that I'm better
than you, and you can't stand that.
781
00:41:26,702 --> 00:41:30,237
You know, I wouldn't care if you were
the greatest pilot in the world.
782
00:41:30,414 --> 00:41:34,708
You inspire those guys
to pull the same stunts that you pull,
783
00:41:35,545 --> 00:41:39,210
then you're a menace,
not to the enemy, but to them.
784
00:41:39,423 --> 00:41:40,965
To us.
785
00:41:42,176 --> 00:41:45,627
But-- But they can't do this.
786
00:41:46,639 --> 00:41:51,597
- Sir, the X-Man has to fly.
- Not anymore, Andy.
787
00:41:53,062 --> 00:41:55,434
Not anymore.
788
00:42:02,321 --> 00:42:05,322
Wardroom.
Colonel MacKenzie. Okay.
789
00:42:05,741 --> 00:42:08,446
Telephone for you,
Lieutenant Roberts.
790
00:42:10,663 --> 00:42:12,821
- Hello, Lieutenant Roberts.
- Hi, Bud.
791
00:42:12,999 --> 00:42:15,288
- Harriet.
- I've been thinking about you, Bud.
792
00:42:15,459 --> 00:42:18,080
Oh, me too, sweetie.
How's little A.J.?
793
00:42:18,254 --> 00:42:19,499
He's wonderful.
794
00:42:19,714 --> 00:42:22,917
I'm just sitting here all alone,
795
00:42:23,092 --> 00:42:25,417
thinking about you.
796
00:42:25,595 --> 00:42:28,798
I'm wearing that little pink nightgown
that you like so much.
797
00:42:29,390 --> 00:42:31,347
You are?
798
00:42:32,018 --> 00:42:33,845
You know, when you get back,
799
00:42:34,020 --> 00:42:36,476
my mom could take A.J.
For the whole weekend.
800
00:42:36,689 --> 00:42:39,607
Oh, right, you wanna go to Chicago
and see the new aquarium.
801
00:42:40,443 --> 00:42:43,894
No, actually, I was thinking
about that little motel room
802
00:42:44,071 --> 00:42:45,862
right outside of Richmond.
803
00:42:46,073 --> 00:42:47,651
Remember?
804
00:42:48,868 --> 00:42:50,777
You mean the one where we...?
805
00:42:50,995 --> 00:42:53,782
- Really?
- Bud.
806
00:42:53,956 --> 00:42:56,743
Listen, I understand you've been down
a lot recently and everything,
807
00:42:56,918 --> 00:42:59,124
and, well, now that the trial's over,
808
00:42:59,337 --> 00:43:02,006
I think I could probably get you a hop
in an F-14.
809
00:43:02,506 --> 00:43:06,171
- A what?
- You know, a Tomcat, a:
810
00:43:07,011 --> 00:43:08,042
A what?
811
00:43:08,262 --> 00:43:10,670
I could probably even get you
to shoot the guns.
812
00:43:12,266 --> 00:43:15,053
Excuse me, commander,
but with all due respect,
813
00:43:15,228 --> 00:43:17,019
could you please leave, sir?
814
00:43:22,443 --> 00:43:24,566
With me, right? Okay.
815
00:43:24,779 --> 00:43:26,855
He looks kind of macho,
don't you think?
816
00:43:29,867 --> 00:43:31,694
Okay.
63808
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