JAG s04e13 Episode Script

We are within minutes of the deadline set by Serbian extremists for the execution of three NATO observers kidnapped yesterday on the road to Kosovo.
The extremist group's demand for a full pullout of all NATO personnel from the region has apparently gone unanswered.
Both Italian and French military commanders have refused comment, furthering all enquiries to NATO headquarters.
You think they'll execute the NATO observers? I hope not.
But nearly everyone at the Pentagon looked pretty grim this afternoon.
Who didn't look grim, sir? Some old friends of mine.
If you've been reading the headlines, you're aware that three members of the NATO verification mission were kidnapped in Kosovo two days ago.
Two of the observers were French and the other was Italian.
Lieutenant Roberts has been doing the research on this.
The captors represent an ultra-radical faction of the Yugoslav army.
The stated purpose of the kidnapping was to effect a pullout of all NATO personnel in the region within a period of one day after the communiqué.
Of course, this was not an option.
Well, what are we to infer by the use of the past tense, sir? Last night, members of SEAL Team 8 found all three NATO observers hung by the neck in a horse barn.
The team leader A Commander Thomas Risnicki? - Yes, sir.
- Postponed the scheduled jump, went in three hours later, According to the CNO, you could hear the NATO commander's screams all the way to the Pentagon.
Charges are disobeying a lawful order and involuntary manslaughter due to culpable negligence.
I'm moving this to the top of the docket.
- Major, you'll lead the defence.
- Yes, sir.
Mr.
Roberts, you will be the assistant defence counsel in this case.
Sir? Drop the befuddled expression, lieutenant, you've earned it.
But, sir, this is an important case.
Do I detect a lack of confidence? - No, sir.
- Good.
- Now, Commander Rabb.
- I'm on it, sir.
I'm not asking you to prosecute, I'm giving that assignment to Commander Brumby.
- I want you to replace me.
- Excuse me, sir? They're making me take my excess leave prior to the end of the month.
Starting Friday, I'm putting you in charge of JAG operations.
All the senior officers were either occupied or unavailable.
It took some doing, but I got a special dispensation from the SECNAV.
Well, sir, I'd be proud to serve this office in any way that I can.
Don't let anyone go home early.
No, sir.
- Thank you.
I just got off the phone - You're not gonna - Go ahead.
- Go ahead No.
- The amnio results are in.
- That's great.
Harriet, the admiral just appointed me assistant defence counsel to the major on a high-profile case.
Let's go to lunch, let's go someplace fancy.
I gotta get cracking.
I'm on my way to the library.
Bud, aren't you even interested in the sex? During working hours? - What are you talking about? - What did you just tell me? That was the OB on the phone.
We're gonna have a son.
- We're having a boy.
- We're having a boy.
- She's having a boy.
- He's on a big case.
Sorry.
I was researching the case, I lost track of time.
Commander, this is assistant defence counsel, Lieutenant Roberts.
Please, continue.
The recon team used reef-point video to track movement from the point of abduction to a barn 32 miles south.
Now, our team was then flown over from Little Creek Amphib Base, Norfolk.
We were briefed and in the air over Suva Reka 13 hours later.
And we had two-and-a-half hours before the expiration of the deadline.
- Why did you postpone the mission? - Adiabatic fog.
As thick as a blanket.
Where I come from, we call it Tulie Fog.
It completely filters out the moonlight.
It would have been suicide to try and fight it.
The terrain was mountainous.
Even with GPS and night-vision goggles, we wouldn't have been able to see enough to avoid breaking brush and giving away our position.
But you had a deadline, sir.
Look, as soon as it started to lift, we went.
Now, the communiqué said that we had one day to comply, not 24 hours.
Did you run this by NATO Command? We tried, but sunspot activity was blocking satellite communications.
Well, sir, you must have known that you were taking a chance.
You are a master of the obvious, lieutenant.
This is why I want to waive an Article Sir, I strongly advise you against that.
Look, I'm not disputing the evidence, major.
I disobeyed my orders.
Now, the question is, was it wise to do so? - Sir - On this point, I am immovable.
And that's what you want us to work with, sir? An admission of guilt? Why not? I feel guilt.
Sir, how you feel is irrelevant to the question of culpability.
Look, major, I don't believe that I should be punished for what I did, if that's what you're getting at.
At the time, I considered it in the best interest of the mission.
Now, if that makes me guilty, so be it.
The admiral's on line three, sir.
Thank you, Tiner.
Admiral? Nice to hear from you, sir.
Everything all right? Yes, of course.
How about yourself? Fine, sir.
- Anything you need to run by me? - I don't think so.
Because I am available.
You're welcome to call anytime, even come by, talk things out if need be.
Well, thank you, sir, but everything seems to be under control.
- Seems to be? - Just the standard glitches, admiral.
And what would those be? I don't think it's anything you need to worry about, sir, I can handle it.
Well, let's hope so.
How's Lieutenant Roberts doing? The major seems to think he's a little off balance, - but I'm not worried.
- Why? Well, he'll find his bearings, sir.
Well, commander, this is an important case.
You gave it to him, admiral.
Right, right.
Excuse me a moment, sir.
Don't put me on hold.
Comma I need your ear, mate.
Commander Imes wants to plead out the Marine Band case.
Apparently, Marine Command has it all on tape at a state dinner.
The tuba player plays a flatulent note just as the president sits.
My position is to play it out, argue that he came in early on his cue.
Just a second.
- Admiral? - What is it now? Sir, I need to take care of something.
Nothing you should be worried about though, sir.
Have a great leave, and we'll see you soon.
You can count on it.
Yes, sir.
- Good to see you back, lieutenant.
- I'm going back.
Thank you, sir.
- Hey.
- You blind, son? - Excuse me? - Let's see a salute and let's see it now.
Where the hell do you think you're going? To Makeup.
You mind? - Cover's on wrong.
- What's wrong with it? Well, it's too high on his brow, it should be a two-finger max.
- Really? - And his uniform's off-season.
- How do you know this? - I'm the Judge Advocate General.
Oh, Lieutenant Commander Rabb.
No.
Admiral A.
J.
Chegwidden.
What business do you have with the commander? He authorised us to shoot this building.
- With what? - Film.
I'm Fran Glass, producer of Field of Gold.
It's an action-adventure-drama about a Navy court-martial.
- Dan Lander stars.
- Who's that? I take it you don't go to the movies.
They make them for my age group? Maybe I'll catch one this afternoon.
Well, maybe you could stick around here and catch what we're doing.
We don't have our tech advisors in place.
Have you ever considered being a consultant? Sounds interesting.
I don't know anything about your business.
But you know about your business and that's why we could use you.
I don't think so.
Have you always been a lawyer? No, I was with the Teams first.
I was a Navy SEAL.
Oh, so you have fighting experience as well.
Yes.
Guacamole? Admiral.
You have to check the squib bags.
Move those reflectors.
- Get the glare off the wall.
- Keep the angle there I don't understand why the Navy won't let you film onboard.
It's just a space issue, no place for the cameras.
In fact, they have been very cooperative.
They let us use this warehouse.
We'll be on the USS Coral Sea for the flight deck sequences.
Admiral Chegwidden, Dan Lander.
- I understand you're the real thing.
- I understand you're not.
Well, that's why you're here, to whip me into shape.
Let us show you around.
Good posture.
- I do Pilates.
- Pardon me? It's an exercise technique involving spring-driven machines.
- A lot of dancers use it.
- I don't dance.
- That's all right, I don't march.
- You will.
Be careful.
- You all right? - Yeah, I think so.
I'm sorry, it's a pyro-test.
We're shooting the fire-in-the-hold scene this afternoon.
- I think I'll stand over there.
- Why don't you come this way? Okay, Joey, reset.
- What do you think of the script? - Pretty good.
I made some notes.
They're marked with the coloured tabs.
- I'll give them to the writer.
- I'd like to meet him.
- What's his name? - Jim Zimmerman.
- Dan, we're ready for you.
- Oh, yeah.
If you'll excuse me, admiral.
I'm looking forward to this.
Sir.
Sir.
He's good.
Admiral, I would like to run something by you.
We have yet to cast the role of Lieutenant Mobray, the officer that comes to Commander Dresher's aid.
Now, we have narrowed it down to a couple of actors, and I was wondering if you had an opinion.
Fran, I'm a little surprised by your old-fashioned ideas about the military.
How do you mean? Well, if you'll allow me, I think there's an alternative way to cast Lieutenant Mobray.
I owe you one, Mobray.
Your country owes you, sir.
Cut.
Print the last two.
House lights.
Lovely.
That was the one.
- Worked for you? - Oh, it sparkled.
Really wonderful.
We're gonna keep Risnicki off the stand.
He's in too much conflict, Brumby will break him down.
Sounds right.
Who's gonna make the case? - Major General Plesac, sir.
- Who? We're going after the NATO commander in Kosovo.
We'll argue that Risnicki was faced with two bad choices and that he's being used as a scapegoat by the higher-ups.
You don't need the general, it's a good argument.
The commander was reluctant to risk the mission and his men.
You can win on merits.
There's nothing to work with.
We have a shaky defendant and there's no autopsy report.
- Why? - Well, apparently the recovery team was ordered to embalm the bodies on sight.
Not to mention that the prosecution owns the emotional stakes.
The fact is three men are dead.
The members will want someone to take responsibility.
The responsibility is with the kidnappers.
Don't overplay it, it'll look like you're trying to shift blame.
Now, the issues are clear.
Present the evidence, have faith in the good judgement of the members.
Let's get a second opinion.
We're talking about a name for their boy.
I suggested Mungo.
It was my granddad's moniker.
What do you think, lieutenant? I think it may be too culture-specific, sir.
Why don't you guys go with the names of famous naval heroes? Their first and last for your child's first and middle.
Now, that's a great idea.
Well, like Hyman Rickover Roberts, Chester Nimitz Roberts, David Farragut Roberts.
Oh, I like that one, sir.
David's good.
- Thank you, sir.
- You're welcome, lieutenant.
- He's different, isn't he? - Yeah, he seems older, more experienced.
I actually think he's getting taller.
All right, watch your backs.
And after that, I did a season of rep at the Montana Shakespeare Festival.
Oh, what plays? Oh, As You Like lt, Timon of Athens, I did Richard II.
As a long-parted mother with her child plays fondly with her tears and smiles in meeting, so weeping, smiling, greet I thee, my earth, and do thee favours with my royal hands.
A Shakespeare-quoting Naval officer.
Now, that's something I wouldn't expect.
- I like the histories.
- All those battle scenes.
Actually, that takes place after a battle.
The moment when the king once again sets foot on English soil.
Right, it's about the motherland and the reasons battles are fought.
- Oh, I like that answer.
- Quiet.
Okay, settle, please.
Quiet for rehearsal.
Okay, Dan.
And action.
Captain, were you not ordered to wait for a SEAL Team to be inserted? - Yes, I was.
- And why didn't you? There was no time, the terrorists were already aboard.
So you went in yourself? Fortunately, Lieutenant Mobray was right behind me.
And if she hadn't been, what do you think would've happened? - I can only tell you what did happen.
- That's objectionable.
The opposing attorney would call for speculation.
Okay.
I neutralised the enemy, major.
- No further questions.
- And cut.
Lovely.
Let's shoot it.
- The prosecutor's a cream puff, Fran.
- It's the hero's moment, admiral.
That's because the JAG's giving it to him.
- He's backing off.
- Well, maybe he's flustered.
I take it you've never been to a JAG courtroom.
General Plesac, you stated you charged Commander Risnicki with disobeying an order and involuntary manslaughter.
This, because of the fact that he failed to commence the mission per the established timetable, which cost the lives of the hostages.
That's correct.
What were the weather conditions at the time of operation? There was ground cover.
Would you describe the topography as dangerous? Mountainous.
General, isn't it possible that if Commander Risnicki had obeyed the given orders and jumped into mountainous, fog-covered terrain, he could very well have sacrificed himself, his team and the hostages? Object, calls for speculation.
- Sustained.
- I'll answer that.
We'll never know, major, because the commander chose to ignore the target time.
- Postponed the target time.
- And three men are dead as a result.
Is it not true, general, that the NATO Command in Yugoslavia had been criticised for ineffectiveness, and that the mission was designed to reverse that perception? This mission was designed to rescue the hostages.
I resent the implication that it was political.
Your Honour, I'd like to enter the following evidence as Defence Exhibit Alpha.
Excuse me, sir, one moment.
This is a copy of a Vietnam OPREP filed by a Marine officer on December 8th, 1967.
In it he states: "The lieutenant ignored intel, put his helos down in the middle of an enemy-infested area and was ambushed.
Despite his success, I strongly informed him that the 14 Americans who died were not worth another bar on his shoulder.
" This report was filed by a Captain John Crowther.
He's referring to a lieutenant under his command by the name of Richard Plesac.
That village was a significant target, major.
Thank you, general.
Our orders were to take it and that's what we did.
No further questions.
SECNAV has scheduled a meeting with me for tomorrow morning.
Apparently, he received a call from one of his oldest friends, a General Plesac.
You had no intention of following my advice, why did you ask for it? I listened to you, we decided to go another way.
- Right up the general's six.
- He put it out there.
Mac, mudwrestling with two stars is not the way to the JAG Hall of Fame.
That never stopped you.
This is exactly why I'm telling you this.
Those kind of stunts have only ever hurt my career.
Sir, you're the acting JAG.
It's only because the admiral trusts me.
I'm told the SECNAV refers to me as Harmful Rabb.
That's what this is about? Your relationship with the SECNAV? - Of course not.
- I don't believe you.
Put you in a position of power and you become just as political as everyone else.
- That is not true.
That is not true.
- Good.
Then you won't mind if we call the general back to the stand.
He has a long history of losing men under fire, sir.
The idea is to contrast the general's apparent disregard for the lives of his men with Commander Risnicki's concern for the welfare of his team.
- This is suicide.
- Only if I do it alone.
Excuse me.
Where do you stand on this, Bud? Next to my lead counsel, sir.
Sorry.
Understood, lieutenant.
Sir, you told me I could come by if I needed to talk.
- I did? - Yes, sir, you did.
- Do you need to talk? - I do, sir.
Okay.
Sorry to be interrupting, admiral, but I thought you'd want to be kept abreast.
Well, a phone call would've worked, but since you drove all the way out here, let's have it.
- Well, I mean, if you're busy, sir - No.
- It can wait.
- But not for long.
Hi.
Admiral, I feel they could have achieved the same results without kicking everything all to hell.
Well, you failed to convince them of that, commander.
Did you already speak to the secretary or is he coming to see you? It's my first meeting in the morning, sir.
That's not good.
Excuse me, A.
J.
Did you want a twist with that? Yes, please.
Thank you.
Can I get you something? No, thanks.
Rabb.
Oh, I'm sorry, sir, I This is a side of you I'm unfamiliar with.
- Let's keep it that way.
- Yes, sir.
Admiral, I'm unsure how to proceed.
I am the appointed authority at JAG, the major ignores my counsel.
I now have to answer to the SECNAV for her actions.
Well, the major's been through a fair amount of trauma in her life recently.
I'm no psychologist, but I suspect that she's a bit embarrassed by it all.
This take-no-prisoners approach is probably her way of proving her mettle.
You support her methods, sir? I support my people, the rest is up to them.
Admiral, you dispense advice regularly, sir.
Yes.
Yes, I do.
And if my memory serves me correctly, I've argued against travelling to Russia, defending a paranoid schizophrenic, and an attempt to question my authority.
Point taken, sir.
But in the end, it's the person sitting in that leather chair that's gotta answer for what's been done.
You've gotta decide what's in the best interest of the case.
Defending your authority or the choices of those who defied it.
Of course, the irony is that Commander Risnicki is being court-martialled because in postponing his SEAL Team extraction, he contradicted the orders of his superior.
The irony.
Understood, sir.
Good.
Anything else, sir? - Do you have a handkerchief? - No, sir.
Get one.
How dare she call his integrity into question! This is not some wild-eyed jarhead.
Dick Plesac is one of the most decorated Marines of all time.
Sir, I am aware of the general's accomplishments.
Then where the hell were you when Major MacKenzie was crapping all over his record? I had been under the impression she had abandoned that tactic, sir.
- Are you telling me she lied to you? - No, sir, it was a misunderstanding.
If she calls the general to the stand again, I will make you personally responsible for the fallout.
Yes, sir.
How the hell did I let the admiral talk me into letting you take over? Sir, I believe I am totally capable of handling this assignment.
Well, then, here's your opportunity to prove it.
I'll be back in a few minutes.
Let me see that.
- Is that the general's service record? - Yes, sir.
May I see it? Thank you.
Ensign.
Make a copy of this and put it on my desk, return the original to the major.
I will highlight what I think are General Plesac's vulnerabilities, the final choice is up to you.
Thank you, sir.
- How's young David doing? - Oh, not so good, sir.
Oh, no, the baby's fine, it's just the name's not gonna work.
Apparently, my mother had dated some guy named David and my father's still a little sensitive about it.
We're gonna have to give it up for the sake of family unity.
We still wanna name him after a naval hero, though.
What about Harmon? What about you get to work and clear this guy? Harmon He is getting taller.
Sir, Major MacKenzie's waiting for you in her office.
I was told I could get a cup of coffee in here.
Allow me.
I'll join you as soon as I finish interviewing Senior Chief Schilling.
You're wasting your time, lieutenant, there's no worm under that rock.
Yes, sir.
Sir, I'd like to apologise for the comments that I made during our first session.
They were pretty naive.
There's no way that I or anybody else could have been better prepared to make the correct decision.
You did the best you could with the information available.
Whatever.
- Excuse me.
- No milk.
- Sugar? - No, nothing.
Sir, the more I think about this case, the more I respect the decision that you made.
You made a calculated risk, but one that was designed to prevent needlessly wasting the lives of your men.
Thank you, lieutenant.
- What's your experience, lieutenant? - You mean as an attorney, sir? Of course as an attorney.
What else would I mean? I don't know, sir.
Well, how long since you passed the bar? - I haven't.
- What do you mean, you haven't? I graduate law school next month, sir.
Commander, Lt.
Roberts has been working tirelessly on this case.
- He's too inexperienced.
- He's just nervous.
I don't want him learning the ropes while I'm hanging from them.
- Let me talk to him.
- Major, I've told you where I stand.
I'm not sure you know where you stand, sir.
What was that? I think you feel you may have made a mistake on that mission.
And I suspect you're having a hard time reconciling that with your desire to be spared punishment.
- You're psychoanalysing me? - You're in deep conflict, commander.
- Really? - And that shows in your behaviour.
You are on edge and you're uncomfortable in our presence.
- I'm dissatisfied with the strategy.
- That, sir, you can discuss with me.
But the lieutenant is tense around you because he senses - that you don't trust him.
- I don't trust him.
And that ends this part of our conversation, major.
He either removes himself from the case or I will have him officially dismissed.
Hey, you wanna give me the keys? I'll take care of it.
Cut.
Who in blazes is that? Admiral, over here.
I'm sorry, Alan.
Come on, guys.
Let's reset the rain.
Pretty damn confusing here, Fran.
You just walked into a scene, admiral.
Never enter a set on a red light.
Sorry.
All right.
Magic, absolutely magic.
I love what you did.
- So, what am I looking at here? - The weather deck of a carrier.
- Well, it's too small.
- It'll look fine on film.
Not if it's too small.
Admiral, I need your support here.
I had a late night last night, I'm three days behind, so a certain amount of flexibility is needed.
There's no flexibility in the real Navy, Fran.
Regs are regs.
- Admiral.
- Oh, no, no, no.
My apologies, it won't happen again.
- Thank you very much.
- Listen, I did Let's do it again, ladies and gentlemen.
Quickly, please.
They put the chilli out yet? Lieutenant, can I talk to you for a minute? Sure, major.
- Excuse me, senior chief.
- Sure.
Bud, I have no better way of telling you this.
Commander Risnicki has threatened to dismiss you if you don't remove yourself from the case.
I think you should do it.
Otherwise it'll be the very first thing anyone sees on your record.
I'm sorry.
Did he say what the problem was, major? The commander's not in a good frame of mind.
Don't blame yourself.
I'll take over with the senior chief.
I'll be with him in a half an hour.
Excuse me, major.
I started this interview, I'd like to finish it.
You're right.
- Leave your report on my desk.
- Yes, ma'am.
Okay, senior chief, where were we? Taking the bodies from SEAL Team 8.
Right, tell me about that.
All three had rope burns around the neck.
- Had they been tortured? - Not that I could tell, but it was hard to check all the surfaces because of how stiff they were.
Wait a minute.
The report says that you received the corpses at 2227? That would be correct.
- Yes, lieutenant? - Excuse me, major.
Commander, I don't mean to be impertinent, but with all due respect, you can't get rid of me that easily.
Cut.
Alan.
How many more times are we gonna do this? My fingers are starting to cramp.
I'm sorry, Dan.
This will be it, I promise.
Much better, Tina, much better.
But I'd still like to see more conviction in the throw.
- Can you be specific? - It's a question of leverage, I think.
I don't understand.
Well, it seems to me, from my point of view, that the stuntman is throwing himself over the railing.
He is.
Right, right.
I'd just rather we didn't see that.
May I? Put one hand on his collar and the other hand on the back of his belt.
That's what I'm doing.
- Apparently not.
- Thank you, admiral.
- You know - I think we should proceed.
Let's do it again, shall we? - Okay.
- Take eight.
Mark.
Marker.
And action.
Cut.
- Cut.
Are you all right? - Broke a nail, it - Okay, reset, guys.
- I'm just trying too hard.
You know, it's not so simple.
There's no room up here.
See? Let me show you.
Sir, why don't you run at me? - Admiral - No, no, no, watch, this'll work.
Sir, run at me.
- Oh, man.
- Sorry.
You all right? See? He charges, she moves.
She uses his momentum to take him over the railing.
I can do this.
I just, I need some time.
You need four weeks at the Naval Special Warfare Centre.
That's gonna teach me what? Well, how to cut your nails, for one thing.
Go to hell.
- Tina - I'll be in my trailer.
- Tina.
- Let's get Makeup Oh, God.
You know where you can find me.
- Admiral, what are you doing? - I'm advising.
- You know, what I suggest is - And we're moving on.
Scene 12, everyone.
God, I wish I still smoked You turn your back on me one more time, and I'm gonna introduce you to the toe of my boot.
- Fran? - Admiral, we need to talk.
- Any ideas? - Talk.
- Privately.
- Yeah, and where would that be? Fine, you're fired.
- This just isn't working out.
- You know what? You're right, this isn't working out.
This is not a movie about the Navy.
It's about What the hell is it about? It's about putting asses in seats.
Now, would you please remove yours from my set? Lieutenant Commander Rabb.
Have a seat, sir.
- The major talk to you, commander? - Yes, she did.
She told me that Lieutenant Roberts has presented a new defence strategy which you've rejected.
Actually, I prefer his approach over attacking General Plesac's record.
The idea of comparing body counts seems beside the point.
What I've rejected is the lieutenant's desire to argue it himself.
He lacks seasoning, which is why I asked that he be removed from the case to begin with.
Look, the major and I both strongly believe in Lieutenant Roberts' abilities.
- Commander - Sir, if I may be direct.
Lieutenant Roberts has taken his fair share of abuse from you, sir, and yet his first thought upon being let go was in your best interest.
I don't question his enthusiasm, commander.
That's good, sir, because he doesn't question your innocence.
Now, I can ask Major MacKenzie to present the argument if you'd like, but in my opinion, your best shot is with your strongest ally.
An autopsy of the three observers was ordered, but NATO Command had no forensic medical personnel in Kosovo, and Wiesbaden was snowed in at the time.
And what did you do? To prevent further decomposition, the Mortuary Affairs Division at NTC Great Lakes directed us to embalm the bodies before sending them back to their respective countries.
- Did you comply? - Yes, we did.
Senior Chief Schilling, as head of the recovery unit, could you describe to us the conditions of the bodies when you received them? They were cold and stiff.
And this was how long after they had been discovered by SEAL Team 8? Forty-three minutes.
Thank you, senior chief.
No more questions.
Sir, do you swear to tell the truth, the whole truth, and nothing but the truth? - I do.
- You may take the seat, sir.
Captain Millstein, you are the chief pathologist - at Bethesda Naval Hospital? - Yes.
Have you had a chance to review the reports detailing the condition of the three corpses? I have.
Could you give your professional estimation on their time of death? Object.
It has already been established, Your Honour, that an autopsy was not performed on the bodies, therefore a time of death cannot be determined.
Your Honour, if you'll allow me, I believe that a logical time frame can be established through other means.
- Don't disappoint me, lieutenant.
- Understood, sir.
Doctor, allow me to recap.
The government's assumption is that the executions took place on the deadline.
SEAL Team 8 reports finding the three bodies of the NATO observers Senior Chief Schilling claims that the bodies were cold and stiff That's a total of one hour and 20 minutes.
Given what I've just told you, what conclusions can you draw? I believe the executions occurred earlier.
- Perhaps as much as 24 hours earlier.
- Could you explain, please, sir? First of all, it's a relative certainty given the near-freezing conditions that rigour would not have set in in under an hour and a half.
Secondly, a cold and stiff body generally indicates a time of death being from eight to 36 hours prior.
Object.
These are assumptions, Your Honour.
Actually, sir, they're estimations, rules of thumb.
They're not 100 percent accurate, but suitable, I think, for this thesis.
I'll accept it.
The time of death is ultimately not important here, because neither General Plesac nor Commander Risnicki had any knowledge of anything other than what was written in that communiqué.
The issue before you, therefore, is, all things being equal, who determines how an operation will be conducted? Without command decision, there can be no considered plan, no policy, no clear-cut objective.
It's all impulse and instinct and improvisation.
That is why the military chain of command exists.
And that is why it must be respected, regardless of the circumstances.
The commander disobeyed his orders, period.
For the sake of future generations of fighting men, I ask you to find him guilty on both charges.
The case against Commander Risnicki is that his decision to postpone the mission cost the three NATO observers their lives.
But an execution carried out It suggests the communiqué was not designed to trade hostages for policy, but rather to punish NATO for their military presence.
We believe the terrorists, who were well known for their hostility, murdered the hostages upon capture and sent the communiqué in an effort to attract more NATO personnel.
In other words, it was a trap.
And had SEAL Team 8 arrived prior to the deadline, they would have walked right into it.
Instead, however, the deadline passed and the terrorists abandoned camp.
Call it a fortuitous decision, but Commander Risnicki, faced with two difficult choices, trusted his instincts over his orders.
And in doing so saved his SEAL Team from certain annihilation.
A team, I might add, that lives to fight again.
Have the members reached a verdict? We have, Your Honour.
Defence, rise.
On the charge of involuntary manslaughter, the members find the defendant, Commander Thomas Risnicki, not guilty.
On the charge of disobeying a lawful order, we find the defendant guilty.
We'll meet for sentencing tomorrow at 1400.
This court's adjourned.
Sorry, sir.
Lieutenant Roberts, my instincts may have been right over Suva Reka, but they were dead wrong when it came to you.
Sir, we lost on the second count.
The point is, lieutenant, the second charge is the lesser of the two.
And I'd be a fool not to use your approach when we take it up for appeal.
I owe you the apology for doubting your competence.
That's not necessary, sir.
Let me tell you what I've learned in 16 years of military service.
Accept any and all contrition.
It's not often you'll get to experience it.
Apology accepted, sir.
Did you enjoy your time off, sir? No, major, l I am a failure at liberty.
I missed the hell out of this place.
The smell of the copier, the sounds of the pages turning, phone ringing.
Well, sir, you might not think so after you see the phone log.
Anyone riled up? Many.
Well, I say that's fine.
You know why? I wish I did, sir.
Because not everything can be resolved.
You just can't do it over if it doesn't work.
No recasting people you don't like.
Life is not some damn movie.
- Indeed, sir.
- Are there no candy bars in here? - No, sir.
- No chilli, no brownies? - Never, sir.
- Let's do something about that.
Chilli and brownies? Yes, sir.
Sir, Ensign Sims and I would like to share some important news.
What is it? We're gonna have a son, sir.
Well, that's wonderful.
- My congratulations.
- Thank you, sir.
We were trying to decide what to name him.
And last night, we decided that we should name him after someone who has most strongly affected our lives.
We're gonna call him A.
J.
, sir.
- Really? - Yes, sir.
I don't know what to say.
- Well, is that all right, sir? - Of course it's okay, ensign, l I'm honoured.
Albert Jethro Roberts.
I like the sound of that.