JAG s03e02 Episode Script

The Court-Martial of Sandra Gilbert

Open it.
Open it.
A box.
It's a Cobra, like you fly.
- Do you like it? - You know I do.
Oh, honey, thank you.
- You're welcome.
- Thank you, Lisa, for your help.
- It was good help.
- Max? - Mommy.
- Mommy.
Mommy.
It's the lieutenant's birthday.
Max, you have really done it.
Following in his father's footsteps as a Naval aviator, Lieutenant Commander Harmon Rabb Jr.
Suffered a crash while landing his Tomcat on a storm-tossed carrier at sea.
Diagnosed with night blindness, Harm transferred to the Navy's Judge Advocate General Corps, which investigates, defends and prosecutes the law of the sea.
There, with fellow JAG lawyer Major Sarah MacKenzie, he now fights in and out of the courtroom with the same daring and tenacity that made him a top gun in the air.
First Lieutenant Sandra Gilbert is suspected of committing adultery with an enlisted man.
Her squadron CO, a Lieutenant Colonel Turner, wants to charge her with conduct unbecoming.
Now, last night, General McCartney calls me at home, says he'd like to recommend that our investigation of her alleged misconduct be handled quietly and quickly, that he will not tolerate the kind of fiasco the Air Force had with Kelly Flinn.
Did the general also indicate the desired outcome, sir? You know, commander, I'm gonna pretend I didn't hear that.
Otherwise, I'd have to put you on administrative leave while I drew up papers to have you transferred to Adak, Alaska.
I'm sorry, admiral.
I didn't mean to imply that a senior officer was trying to bring undue influence on a court proceeding.
Or that he asked us to avoid a high-profile court-martial.
You're both on thin ice.
Lieutenant Gilbert is stationed at Camp Pendleton, California.
She's assigned to HMLA 488, a Marine light attack helicopter squadron.
Lieutenant Gilbert's a Cobra pilot? That is correct.
First in her class in advanced helicopter training.
I didn't know you were familiar with the case.
Well, I'm not, sir, but her picture was on the cover of the Navy Times.
Oh, the poster girl for women in combat.
The evidence needs to be reviewed, and if called for, charges drafted, commander.
Have you decided who will be handling the case, sir? Well, do you have any thoughts on the subject, major? I don't mean to overstep any boundaries, sir, but Commander Rabb is in court on the Grekly matter, and if you haven't already made a decision on counsel, I'd like to volunteer for the case.
Now, there's a surprise.
Because I'm the best person for the job.
Yeah, your main qualification's you're a woman.
That's one of them.
Well, I'm sure you figure Lieutenant Gilbert needs a friend in court.
No, Harmon.
I figure Lieutenant Gilbert deserves a full and fair hearing just like everyone else, no matter how the chips fall.
No special pleading because she's a woman in love.
No playing the gender card.
People don't like you when you get like this.
Just trying to prepare you for what lies ahead, Mac.
Good morning, sir, ma'am.
- Lieutenant Roberts.
- Bud.
You just don't get it.
Sorry I'm late, ma'am.
Why can't you understand that every time a woman screws up and gets special treatment, it ruins it for people like me? Traffic.
I don't know about the woman thing.
Not now, Bud.
Because I earned my way here.
All I asked for was an equal chance, a level playing field.
I made it on the merits.
Now, Bud.
Sorry to interrupt, ma'am.
I'm used to it.
There was this traffic accident on the beltway.
We're leaving for Camp Pendleton at 1300.
That leaves you two hours and seven minutes to pack.
I don't need to remind you this is a competitive exercise.
The field judge grades you on technique in approach and shoot.
You'll be flying nap of the earth.
I want you 10 feet off the deck at all times.
Your target is an M60 tank.
There's an Avenger battery guarding the tank.
It takes him ten seconds to fire.
That gives you eight seconds to get off your shot.
Whoever hits first, wins.
Be advised, Smokey Sams will be fired across your nose during this exercise.
Good hunting.
Good luck, lieutenant.
Okay.
- Give them hell.
- Just like always.
Any lower and you're gonna get grass stains on the skids.
Okay, I'm ready to pop.
- Ready.
- We're on the go.
I have a visual.
I'm locking on.
Getting ready to shoot.
Bogey, 11 o'clock, attempting to lock on.
Wizard, I think they're looking at us.
Fire! - Weapon away.
- They're locked on.
Nine seconds, eight.
I have lock-on.
Range, 1,500 yards.
Four seconds to intercept.
- Launching Smokey Sam.
- Three.
- Missile launch.
- Four, three, two, one - Gets him! - Yeah! We're out of here.
Four seconds to impact.
Three, two.
Damn, we lost contact.
Nice shooting, Mustang.
That's a keeper.
Thank you, sir.
I'll take it.
- You did good, Mustang.
- Yeah.
Not bad for a girl.
Enter.
Major MacKenzie and Lieutenant Roberts to see you.
Thank you, gunner.
- You're one of ours.
- Yes, sir.
At ease.
Let me be blunt.
When Admiral Chegwidden informed me you'd been assigned to this matter, I asked him to reconsider.
May I ask why, sir? I was afraid your feelings would affect your ability to prosecute Lieutenant Gilbert.
Sir, I haven't formed an opinion about Lieutenant Gilbert.
And it is not customary for me to let my feelings get in the way of my job.
Admiral Chegwidden led me to believe as much.
- Sir? - He said you were cold-blooded.
I need to see the witness statement and the NCIS report.
- Ma'am.
- Thank you, lieutenant.
You'll find the charge sheet on top.
The admiral sent us here to investigate the evidence and help draft charges, if necessary.
I've decided to refer these charges to a court-martial, major.
I was signing the order when you came in.
- Sir? - I considered giving Lieutenant Gilbert a lecture or fine and transferring her to Diego Garcia.
I rejected that out of hand.
There are other options, sir.
Counselling This is a disciplinary matter, major.
Lieutenant Gilbert disobeyed an order to end an affair with an enlisted man in her chain of command.
That's prejudicial to good order and discipline.
That's not a matter for counselling.
So you wanted to make an example of Lieutenant Gilbert? Draw a line in the sand? This has nothing to do with what I want.
I'm doing what is required of me.
You have a problem with that? I don't have an informed opinion, colonel.
That's a lawyer's answer.
That's what I am, sir.
We're gonna get along fine, major.
I'm flattered by your confidence, sir.
We expect our officers to set the standard of morality.
We have to be true to our oath.
That means obeying orders.
Even the ones that break your heart.
Lieutenant Gilbert.
I'm Major Sarah MacKenzie, Judge Advocate General Corps.
This is Lieutenant Roberts.
Good morning, ma'am, lieutenant.
It's my duty to inform you that you're charged with the following violations of the Uniform Code of Military Justice: Article 90, wilfully disobeying a lawful command of a superior commissioned officer.
Article 133, conduct unbecoming an officer.
Article 134, actions prejudicial to good order and discipline.
A time will be set for a court-martial and counsel will be provided to you.
Yes, ma'am.
- This isn't a good time, sergeant.
- You wanna tell me what's going on? I don't think that would be productive.
Don't make it worse, gunny.
You didn't even hear what I had to say before slamming me.
I read the NCIS report.
Is that enough for you, major? Were you willing to condemn me without a fair hearing? Or didn't you wanna hear what I had to say? You'll get a full and fair hearing in court, lieutenant.
That's a little late.
Who will be defending me? Lieutenant Commander Harmon Rabb.
He just won a tough case and he's en route from Washington.
If there's nothing else, major, I have a mission to fly.
Lieutenant? I'm grounded? Colonel Turner made that decision.
We're in the middle of quals, ma'am.
I won't get another shot for a year.
I'm afraid there's nothing I can do, lieutenant.
Enter.
Sir, Lieutenant Commander Rabb.
- Colonel.
- Commander.
- Fast work.
- Excuse me, sir? I assume you're here to tell me that you have reached a pretrial agreement.
No, sir.
I have yet to sit down with Lieutenant Gilbert to see how she would like to proceed.
This is strictly a courtesy call.
She doesn't have a lot of options, commander.
No, sir, now that you've filed charges.
She's one of your best Cobra pilots.
That's correct.
Spotless record.
She had the potential to be a fine officer, commander.
But she screwed it up with her conduct.
That's a little premature, colonel.
That's not in doubt.
And that's too damn bad.
Excuse me, colonel.
I thought you might wanna see this, sir.
With all due respect, I don't see where this is relevant.
I have full confidence, General McCartney, that you don't have a clue.
Lieutenant Gilbert has nothing to do with this discussion of budget and appropriations.
Well, I'll make the connection for you.
You need M1 A2 tanks.
I need answers.
I'm totally confident all the facts will come out at the court-martial.
Lieutenant Gilbert has a high profile.
I wanna make sure that isn't why she's a target.
A target for whom, Congresswoman Latham? Are you commencing a witch hunt, general? Is your chain of command exclusively populated by Peeping Toms who pry into the lives of its troops? An AH-1 Whiskey Super Cobra helicopter carries a payload of Hellfire and Sidewinder missiles.
The 20 mm turreted cannon can fire 750 rounds per minute.
How can you trust a pilot with that kind of firepower if you can't trust her to obey a simple order to stay away from an enlisted man? That's the military reality.
Well, I'm impressed by the firepower of your cannon, general.
But this is a whole new ball game.
Women are here to stay, and they deserve equal treatment.
I intend to see to that.
So do I, congresswoman.
So do I.
Describe your relationship with Gunnery Sergeant Frankl.
He is my flight line chief, the man responsible for keeping me alive and flying.
I trust him with my life.
He's never given me any reason to doubt his judgement or his skills.
He's a married man? Yes.
Two children? Yes.
Sarabeth, 8, and Lisa, 4.
How much time did you spend with Gunnery Sergeant Frankl? I saw him in the course of my duties.
And outside of work? Sometimes the air crews went out for a beer.
A bunch of us.
We talk shop.
What else? I was counselling Gunnery Sergeant Frankl on his marital problems.
I didn't know where else to turn.
There are counsellors on base, gunnery sergeant.
With all due respect, ma'am, counsellors are supposed to be a private thing.
Once a guy spills his guts to them, seems like everybody knows he has a problem.
It's a good way to scuttle a career.
So you turned to Gilbert for a shoulder to cry on? No, ma'am.
I respect her opinion.
I wanted her advice and counsel.
Did you ever meet with Gunnery Sergeant Frankl behind closed doors? No.
Why not? Because I don't have a door to close.
My office is a cubicle, so there's no privacy.
I didn't wanna talk about personal matters there.
I was afraid it would hurt his career.
So where did you counsel him? One time, we went out for a drink.
Another, we took a walk.
Once in a Humvee on the way back from a training exercise.
Look, ma'am, there was nothing going on between us.
She just listened to our problems.
- Our problems? - My wife's and mine.
- Was your wife present? - No.
Did she know about the counselling? No, ma'am.
I didn't think she'd like me talking to the lieutenant.
Because the lieutenant was a woman? No.
My wife is old-fashioned.
She thinks that our problems are just that: Our problems.
That we should be able to work them out ourselves.
I was helping Sergeant Frankl make a decision about what needed to be done.
About ending his marriage? About patching things up for the sake of his children.
He loves his kids.
They go everywhere with him.
You have a relationship with his children? Yeah.
Sarabeth is the oldest.
She wants to be an astronaut.
She asks me everything.
What's space camp like? How do you get into the academy? Talking with her is like talking to myself when I was her age.
Did Colonel Turner ever order you not to see Gunnery Sergeant Frankl outside of your regular duties? He never came out and said it.
What did he say? He said that it was important for me to maintain a strictly professional relationship with my Marines and he hoped that's what I was doing.
And did you do that? I am responsible for the men and the women under my command.
I was doing what I thought best.
Maybe I could have done it better.
Nobody doesn't make mistakes.
Not a lot of room for failure in the service, lieutenant.
You never made a mistake? No.
Okay.
Plenty of times.
Yeah.
So how does it work for you, commander, and not for me? Are there really two standards? You do know this case should never have come to trial.
You looking for a deal? No.
Lieutenant Gilbert will plead guilty and take her chances.
I think I can win this on the merits.
Good evening, gentlemen, ma'am.
Turner tasked me with informing you that Congresswoman Bobbi Latham will arrive at 0800.
Commander, Ms.
Latham has requested that you meet her immediately upon her arrival.
Do you have a message for Colonel Turner, sir? Don't suppose you could tell the colonel you looked for me everywhere and I was nowhere to be found? No, sir.
I didn't think so, gunner.
Thanks.
Good luck, commander.
You thought Congresswoman DeLong was tough.
Bobbi Latham grew up on the streets of Detroit.
Of course, that was before she graduated first in her class at Yale Law.
You coming? You're on your own, pal.
Congresswoman Latham, Commander Rabb.
We need to talk.
I'll make some time for you this afternoon, ma'am.
Or right now.
My colleague, Congresswoman DeLong, warned me about you.
I would have liked to have been there for that, ma'am.
I don't think so.
She said that you were arrogant, pigheaded, uncooperative.
Sounds like her, ma'am.
She also said you were fair.
She failed to tell me that you were handsome.
I don't think that matters to her, ma'am.
Whatever the history is between you and Congresswoman DeLong, I'm here to make sure that the Navy has the right person defending Lieutenant Gilbert.
I'm sure you'd think that my colleague, Major MacKenzie, is the right woman for the job.
That's precisely what I'm thinking.
Then you're dead wrong.
I believe Lieutenant Gilbert is innocent and it's my duty to represent her aggressively.
Nothing stands in the way of that.
Are you telling me not to get in your way? Yes, ma'am.
Good for you, commander.
Lieutenant Gilbert needs a passionate advocate in court.
And someone to make sure she's not tried and convicted on the front pages of the New York Times before opening statements.
And that would be you.
Damn straight.
- You're an elementary schoolteacher? - Yes.
You're married to Gunnery Sergeant Maxwell Frankl? - Yes.
- For how many years? Ten this December 18th.
Are you acquainted with Lieutenant Gilbert? Yes, ma'am.
Max Gunnery Sergeant Frankl is her flight line chief.
Could you please describe your observations of them together? Objection, Your Honour.
Calls for speculation.
Overruled.
How would you characterise the relationship, Mrs.
Frankl? Is it businesslike in nature or friendlier than a business relationship? They were close.
I know he sees her and talks to her after hours.
Was Lieutenant Gilbert ever a guest in your home? Yes, once.
- That you know of.
- Objection.
Withdrawn.
Were you present? Yes.
Part of the time, anyway.
Did you invite her? No.
Were you out of town at the time? Yes.
I was visiting my mother in Cleveland.
Did you return home unexpectedly? Yes.
I got an earlier flight.
What did you find when you returned home? Lieutenant Gilbert was sitting at my dining room table.
Were you aware Lieutenant Gilbert had been given orders not to see your husband outside of her regular duties? Objection.
Hearsay.
Sustained.
Did your husband and Lieutenant Gilbert ever take trips out of town? Yes.
To your knowledge, did they ever stay at the same motel? Yes.
Do you know if they spent the night in the same room? Objection.
Asks for information beyond witness's knowledge.
Overruled.
I have no way of knowing that.
Do you believe that it's important for a wife to trust her husband when he's out of town? Yes, of course I do.
A lot is asked of a Marine's wife.
We ask a lot in return.
Thank you, Mrs.
Frankl.
No further questions, Your Honour.
Mrs.
Frankl, your husband, Gunnery Sergeant Frankl, and Lieutenant Gilbert were separately registered at the New Eden Motel in Yuma, Arizona on February 16th.
I don't know the date for sure.
Your Honour, there is a stipulation by the defence and the government.
It was February 16th, Rooms 206 and 213.
So stipulated.
Isn't it true they were on a training mission? Yes.
Why didn't Gunnery Sergeant Frankl stay at the BEQ? Objection.
The witness isn't qualified to answer the question.
Sustained.
Mrs.
Frankl, are you familiar with Yuma, Arizona? Yes.
My husband and I were stationed there.
- Are temporary quarters available? - No.
So flight crews are routinely housed at the New Eden Motel? Yes.
You testified that you found Lieutenant Gilbert in your house when you returned from Cleveland.
Were she and your husband alone? No.
Our children were there.
Had your husband invited Lieutenant Gilbert to your house? No.
Sarabeth, our 8-year-old, had called her and invited her over.
Why? It was Lieutenant Gilbert's birthday and my daughters had made a present for her.
Are your daughters close with Lieutenant Gilbert? Yes.
Sarabeth worships her.
In what way? Lieutenant Gilbert is everything my daughter wants to be.
Thank you, Mrs.
Frankl.
No further questions, Your Honour.
I like your style, commander.
That was the easy stuff, ma'am.
Well, now I get to have some fun.
Can we get a comment on Lieutenant Gilbert? Commander Rabb and I will be answering your questions in a moment.
First, I'd like to make a brief statement.
The old boys' network that has a bias against women in combat is about to get a wake-up call.
You throw an aviator with the skills of Lieutenant Gilbert to the wolves, and it's gonna bite you on the ass.
Once this court-martial is over, the house subcommittee will hold hearings.
I intend to get to the bottom of this.
I wanna know why this happened.
Congresswoman, what are the chances? Enter.
Colonel Turner, Congresswoman Bobbi Latham is here to see you, sir.
- Pleasure to meet you.
- Colonel.
I'd like for you to arrange a ride for me in a Cobra.
I'd be glad to accommodate you, Congresswoman Latham.
Name your time and I'll arrange one for you.
I want Lieutenant Gilbert to take me for my ride.
This is the first I've heard of it, sir.
I've grounded Lieutenant Gilbert pending the outcome of her court-martial.
- Unground her.
- I can't do that.
Is he telling the truth, commander? Ma'am, I really don't think this is a good idea.
Can he put Lieutenant Gilbert back in the air? There's not a lot of precedent, but technically - Yes or no? - Yes.
Colonel Turner can return Lieutenant Gilbert to flight status.
I'll be ready in an hour.
- One more thing.
- Ma'am? How was this allowed to happen? That's the wrong question, ma'am.
And what's the right question, colonel? How do we stop this from happening again? - You don't approve of this? - No, ma'am.
Lieutenant Gilbert's one hell of a pilot.
If she screws up, my life is on the line.
It's a risk I'm willing to take.
- Lieutenant? - Ma'am.
Let's go flying.
Mind if I sit down, Harm? Would it matter if I did? Not a bit.
Call me Bobbi.
Can I get you something, ma'am? Cognac.
Make it a double, please.
General Eisenhower had an affair with his driver.
How is that relevant? My client did not have an affair.
I know.
If the Pentagon had cashiered every officer during World War II who committed adultery, Hitler's children would be in the White House instead of Bill Clinton.
Ever been in love? What happened? She was my best friend's wife.
So you never said a word? He died two years ago.
So now what's keeping you from saying your piece? Do you always ask this many questions? I'm nosy by nature.
I find it hard to believe that she would turn you down.
Women like you, Harm.
Mac likes you.
She'd like to wring my neck.
I get that feeling a couple of times a day, commander.
But it passes.
Sandra likes you.
That's because I'm all that stands between her and half a year in the brig.
I don't dislike you as much as Adele said I would, Harm.
Your friend's wife, she lost one husband and she doesn't wanna lose another? She wants a life of her own.
Fancy that.
It's a new world, commander.
Or do you like the old world better? Little woman keeping the home fires burning and raises the children and waits like faithful Penelope for Odysseus to return home from the wars.
You know, that was my mother's life.
She never complained even when my father didn't come home.
I want Sandra Gilbert vindicated.
So do I, Bobbi.
Colonel Turner, how did the adulterous relationship between Gunnery Sergeant Frankl and Lieutenant Gilbert come to your attention? Objection.
Assumes facts not in evidence.
Sustained.
How did the alleged relationship between Gunnery Sergeant Frankl and Lieutenant Gilbert come to your attention? An anonymous call to the sexual harassment hotline.
They had been seen together in an inappropriate manner on several occasions, including an overnight stay while they were TAD in Yuma, Arizona.
What did you do next? Issued an order for Lieutenant Gilbert to see Gunnery Sergeant Frankl only in the course of her regular duties.
And did she wilfully violate that order? Objection, Your Honour.
Leading the witness.
Sustained.
And to your knowledge, did she obey that order? No.
She went to the gunnery sergeant's home while his wife was away for the weekend.
Thank you, sir.
That will be all.
Did you ask Lieutenant Gilbert about the truth of the anonymous allegations? No.
Why not, colonel? Even the appearance of impropriety is a threat to order and discipline in the ranks.
The fact that a hotline call was made indicated a perception of impropriety.
I felt that was enough for me to act.
Did you put your order in writing, sir? - No.
- May I ask why? I did not feel that was necessary.
Do you recall the exact wording of your order to Lieutenant Gilbert? Yes.
I told her to end her relationship with Gunnery Sergeant Frankl and see him only during working hours.
Those were your exact words? As closely as I can recall.
Well, is it possible, colonel, that your wording was less precise? That, for example, you told her to maintain a strictly professional relationship and hope that she did so? My words left no room for interpretation.
But you can't recall precisely what you said? I didn't need to be explicit.
She knew what I meant and she knew she should knock it off.
Sir, ma'am, we have to talk.
I checked the lieutenant's medical records.
I got this back from the lab.
I think you might be interested in this, commander.
Lieutenant Gilbert is five weeks pregnant.
I didn't know that I was pregnant until yesterday.
Really? Precisely when did you discover you were having an affair with an enlisted man? Damn you, lieutenant.
How am I supposed to defend you if you won't tell me the truth? I never dreamed it would get this far, commander.
It all happened so fast.
Sandra, if I am gonna get you a deal, you have got to give me something.
You're only hurting yourself by holding back.
You were having an affair with Gunnery Sergeant Frankl.
Yes.
Colonel Turner ordered you not to spend time in Gunnery Sergeant Frankl's company.
Well, I think there are several ways that his words might be interpreted.
I'm the lawyer here, lieutenant.
The answer to the question is: "Yes, Colonel Turner ordered me not to spend time in Gunnery Sergeant Frankl's company.
I wilfully disobeyed the order and went to the gunny's house when his wife was not home.
" Sarabeth and Lisa were with us.
Where is the problem with that? You graduated from the academy, lieutenant.
You went through basic and advanced flight training.
You got your picture on the cover of the Navy Times.
And you don't know the answer to that question? An order is an order and is to be obeyed.
- Okay, tell me again so I understand.
- Sir.
We're in the middle of a trial, the evidence supports a conviction, and you want me to let her walk away? The matter was unfairly sent to court-martial from the beginning, Mac.
It deserved non-judicial punishment at best.
My client was railroaded.
That bridge is crossed, Harm.
All I'm asking is for an administrative discharge in lieu of a court-martial.
For the convenience of the government, ma'am.
Thank you, Bud.
The government requires that the Armed Forces maintain good order and discipline.
How is that accomplished if I let her off the hook? Are you willing to let all this come out at trial? What, that your client is a liar and an adulterer? That my client is a victim of selective prosecution.
I checked the records, Mac.
There were four other male officers at Camp Pendleton guilty of the same infraction as Lieutenant Gilbert.
None of those cases went to court-martial.
One officer was transferred to another command, two received reprimands and the fourth left the service with an honourable discharge.
There is a different set of rules because she's a woman.
How many of them were given a direct order to stop the affair? None.
That's my point.
Come on, Mac, give her a break.
Harm, I may wanna give her a break, but that is not my job.
Lieutenant Gilbert deserves a full and fair hearing just like everyone else, no matter how the chips fall.
No special pleading and no playing the gender card.
Do you remember everything I say? Only the good stuff.
Let's see what the judge has to say.
Mac.
You don't believe Lieutenant Gilbert deserves to spend time in the brig for this, do you? That depends on whether you can prove there was a selective prosecution.
Counsellors, I have reached a decision.
Commander Rabb, your argument that the new evidence will impact the defence of your client is compelling.
I therefore, in the interest of justice, grant a recess until tomorrow morning.
Is that acceptable? Yes, Your Honour.
- Commander Rabb.
- Ma'am.
The trial was going great.
Why the delay? Some new information has come to light.
And you're not gonna tell me? That would be a violation of attorney-client privilege.
I was assured by General McCartney that I would be denied nothing.
Otherwise, there would be hell to pay.
Are you threatening me, ma'am? Is a pig's ass pork? Am I catching you at a bad time? I can't imagine a worse time, ma'am.
I was once engaged to a Marine captain for about a week.
That was a long time ago.
What happened? Well, I think I fell in love with the uniform instead of the man.
I should have married him.
He would have made a great wife.
He was a good cook.
He can iron a mean shirt.
And he made a bed so tight, you could bounce a quarter off of it, among other things.
You wanna tell me what's going on? Sandra, I can't help you if you don't tell me the truth.
People keep telling me that, ma'am.
I keep getting deeper in trouble.
I'm not gonna let you quit.
We can fight this.
I can beat them.
I'm not gonna have you railroaded out of the service.
There's one problem, ma'am.
I'm pregnant.
Have you told him? Not yet.
It ended between us before all of this happened.
He felt his first responsibility was to his family.
I knew it was wrong, ma'am.
I was just so damn lonely.
Couldn't you have found a fellow officer? The other officers didn't want anything to do with me.
Max was different.
It felt so great to be in love.
I gave up a lot of normal stuff to get this far.
You put your heart on hold.
We all do.
It's the price we pay to have success in a man's world.
I'd do it again.
That makes me a lousy Marine.
I love the corps, ma'am.
I did something stupid.
I betrayed the trust the corps placed in me as an officer.
And now it's cost me everything that I love.
Except your baby.
Harm.
I talked to Sandra.
You were interfering with my client.
I'm the best friend your client has.
Why can't you understand? This is bigger than the courtroom.
The whole world is watching.
I don't care what the world thinks, congresswoman.
Well, I do.
Bobbi, you have an agenda.
I have a client.
All I care about is what's best for her.
Do you think all Congresswoman DeLong and I care about are getting the headlines? About sticking it to the military? About furthering the role of women in combat? - Yes.
- Then you're dead wrong.
I want everyone to have the same chance.
Look, tell me what you came to tell me, but let me do my job.
I hate to think that Sandra's child will be born behind bars.
I believe that can be avoided.
Or that charges will be brought against Gunnery Sergeant Frankl.
Sandra believes she's done enough damage.
Gunnery Sergeant Frankl is guilty of lying and fraternisation.
Some kind of punishment cannot be avoided.
But the fact that he ended the relationship speaks well for him.
What else? I want Sandra Gilbert to leave the service with her head held high.
That's right, commander.
I'm backing down.
You find a way to resolve this and you're a hero.
Gee, you don't ask much, do you? I'm known for it.
Enter.
- Evening, colonel.
- Commander.
I think we can put this matter behind us, sir.
Good.
I've worked out the details with Major MacKenzie.
Lieutenant Gilbert agrees to an administrative discharge.
And she will not contest the charges brought against her.
Then it's over.
Not quite.
Lieutenant Gilbert will not have me file a complaint against you for selective prosecution.
We both know she has no grounds to file such a complaint.
Well, maybe not, sir, but even the appearance of impropriety is enough for some people these days.
Lieutenant Gilbert is not the victim of selective prosecution.
She was also not the first officer at Camp Pendleton to be guilty of fraternisation, colonel.
There were four others dating back to 1992.
Yes, all of those involved men and none of those cases went to court-martial.
That was then, commander.
The standard has not changed, colonel.
The political climate has.
Is that why you brought charges against Lieutenant Gilbert? Politics? My actions regarding Lieutenant Gilbert had nothing to do with her gender.
If those four male officers had committed the same offence today that they did several years ago, they'd be prosecuted likewise.
Lieutenant Gilbert was one of the best and brightest.
And she screwed it up.
All she had to do was stop seeing the guy.
But once she disobeyed orders, she was finished.
And I did what I had to do.
It's a damn shame.
Colonel, Lieutenant Gilbert has one exercise left to complete her quals.
You're not suggesting I put her back in the air.
You've already done that, colonel.
It's gonna take me two or three days to process her paperwork.
Let her complete her quals.
Give me a good reason why I would do that.
Because it's the right thing to do.
Guns are loaded and double-checked, lieutenant.
I'm hoping I won't need them.
If you need them, they'll fire.
- Give them hell.
- Just like always.
It's okay, Max.
Say goodbye to the girls for me.
Tell them I will think of them every day.
I'm sorry for what happened.
It's nobody's fault, Max.
I did the math, Mustang.
We score 90 and no one can beat us.
Under that, we're toast.
Let's hit the damn thing on the first pass then.
Okay, Mustang, commence the exercise.
You are free to start.
The clock will begin ticking as soon as you pop over the ridge.
- Roger that.
- This is a tough exercise, ma'am.
She gets two rockets to shoot out a moving target.
- What happens if she misses? - She goes to her guns.
Air speed cannot drop below 80 knots.
She gets a single pass.
The quicker the kill, the higher the score.
Counting down from 100.
I have a visual.
Way to go, Mustang! Yeah.
Not bad for a girl.
That's a kill, colonel.
Nine seconds.
That's a 91 out of a hundred.
That puts her in first place.
She made it, ma'am.
Nice shooting, lieutenant.
Thank you, sir, for everything.

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