JAG s04e21 Episode Script

Commander.
- Oh, nice catch.
- Dead files? Yeah, it seems like no matter how many you close, they keep on growing.
- Kind of like barnacles on a ship's hull.
- Exactly.
Why are you doing this, anyway? Get some help.
Well, in case you hadn't noticed, Lt.
Roberts is now running in our circles and Lieutenant Sims is doing some carrying of her own.
Your problem is you don't know how to relax.
- Oh, like you do? - Let me make an observation, Mac.
One of us volunteered for duty this week and the other is sailing.
- I'm a team player.
- So am I.
Difference is that my team-mate is with me this weekend.
Does Jordan know that you're a pilot and not a sailor? --at the end of the Vietnam conflict.
On this, the 24th anniversary of the fall of Saigon, we revisit an event that brought a conclusive end to an inconclusive war that claimed 58,000 American lives.
And with over 2,000 American servicemen still listed as missing in action, the wounds persist to this day.
Well, fortunately, some of them have healed.
When we return for Escape From Innocence.
Hey, have a good time.
And try not to run aground.
- Excuse me.
- Sir? - A Navy lieutenant? - Yeah, little while ago by the elevator.
Well, this is a military facility, there are lots of those around here.
Wearing campaign ribbons from Vietnam? True, there aren't many Are you sure it was a Vietnam ribbon? Yeah, look, I'm sure.
Mac, this is gonna sound weird, but the guy looked exactly like my father.
Harm, you're so suggestible when it comes to him.
Do you think it was that TV special? Well, either that or your father's ghost is following you around.
Now, which one sounds more likely? Good day, major.
- Brumby.
- Commander.
- Commander, how was your leave? - Fine, thank you.
- What's going on? - Haven't a clue, sir.
The old man said to wait, so we're waiting.
Enter.
Well? Outstanding, sir.
Don't I look like the maître d' at The Ritz-Carlton? Not unless he's arguing the United States v.
Wayne in the Supreme Court, sir.
Well, I could do without the monkey suit, but tradition is tradition.
Sir, you are aware that you're not required to be there until 1000 Monday morning.
Well, I know that, major, I'm just trying to get my head into it.
Which, by the way, is why you're all here.
When I decided to push this case through the system, I had no idea it would come this far but now that it has, I'm Nervous, sir? Delighted, lieutenant.
Yes, sir.
Sorry, sir.
Admittedly rusty.
Now, I do feel prepared, but I could go for a jog over the course.
It's one thing to approximate the height of the barrier and another thing to try and scale it.
- Lieutenant, the event.
- Yes, sir.
A lieutenant commander was convicted of disobeying an order to tell his civilian girlfriends that he was HIV-positive.
Commander Brumby, the sentence? The court-martial sentenced him to six years in prison, I think, sir.
You think correctly.
Major, was that the end of it? No, sir, I believe two years later, when a new statute was passed, the Navy dropped him from the ranks, which deprived him of pension and medical benefits.
Good.
Rabb, take her home.
Sir, the Court of Appeals for the Armed Forces reversed, sir.
Supreme Court is considering the issues of double jeopardy and a possible ex post facto law.
Excellent, excellent.
You've all qualified for my moot court preparation this weekend.
I'll argue, you'll be the judges.
Everyone available? Well, sir, I don't see how I could turn down an appointment with the Supreme Court.
Sir, actually, the commander has sea duty this weekend.
Explain.
Sort of a shakedown cruise as I understand it, sir.
If you tell some people your plans, sir, you may as well take out an ad in the Navy Times.
What is this about, commander? I was going to go sailing this weekend with Commander Parker, sir.
You've already chartered the boat? I could cancel, admiral, if you need me-- No, no, you enjoy yourself.
You can use the time off.
I'll alert the Coast Guard.
- That'll be all, commander.
- Thank you, sir.
Have fun.
And you, major? Oh, sir, my social life is flying so low it wouldn't be picked up by radar.
I'd be glad to help.
Well, let's try this for size.
We'll try to make this as real as possible.
Simple, yet elegant.
Commander Brumby? Well, I planned an inspection tour of the Georgetown pubs, sir.
Oh, that can wait, sir.
Good.
Lieutenant? Sir, Harriet and I were going to decorate the nursery.
But there's always next week.
- You sure? - Yes, sir.
Thank you, lieutenant.
And I could use Harriet's help as well.
By the way, you received an Am Jur Award for Constitutional Law.
- Is that right? - Yes, sir.
Chief justice, sir? Now, the ground rules.
When we walk into the courtroom, I am no longer your commanding officer.
You're the justices of the Supreme Court.
- I'm a humble litigator.
- Sir Lieutenant, when you ask me a question, I wanna hear a chainsaw cutting through the floor around my feet.
Is that clear? Yes, sir.
Good.
We'll begin at 0800 tomorrow.
You'll be issued files of the briefs.
Please be prepared.
Thank you.
Dismissed.
- Yes, sir.
- Aye, aye, sir.
It's open.
Hey.
Oh, thank you.
- Thank you.
Hello.
- Hi.
I called the National Weather Service.
They're calling for thunderstorms tonight, all day tomorrow, winds gusting 25 to 30 knots, higher over open water.
Is your tub calm? It's a shower.
No, thanks, I've had one already.
Want some cognac? Now, that would be perfect.
Sorry about this.
That's okay.
Good excuse to cuddle.
- You don't mind staying in port? - Thank you.
I welcome it, actually.
You look beat.
Well, let's see.
I have an anorexic ensign who is in a frenzy because she gained 14 ounces this week, a captain suffering from anxiety, depression, because of his impending retirement, and a very troubled Marine lieutenant with post-traumatic stress disorder.
And those were just my morning appointments.
Hang on.
The phone.
- Rabb.
- Commander Parker's service calling.
Just a second, please.
It's your service.
Yeah, this is Commander Parker.
Did she say it was an emergency? Okay, good.
Who else? He called three times? Right.
All right, thank you.
Jordi? Sorry.
- Thanks.
- Everything okay? Doctor-patient privilege, I can't get into it.
I've said too much already.
You wanna talk about it, though.
Make it about me.
Okay.
You're a peacekeeper in a foreign country, you got a clear shot at a sniper and you miss.
The sniper returns fire and kills your best friend.
How do you feel? - Guilty.
- To what extent? I'd think about it all the time.
I'd be racked with nightmares, have trouble sleeping.
Would you have visions? Of what? You think you see him alive.
What's your opinion on it? It's not encouraging, if that's what you mean.
- You think I'm crazy? - No.
No, I am for getting into this with you.
It is completely unprofessional.
I'm sorry, but I have to deal with this.
Can you give me a couple minutes? Absolutely.
- Hello? - Lieutenant, it's Commander Parker.
No, no, it's no imposition.
And where was he? No, I believe that's where you saw him.
I'm not gonna tell you that that's who you didn't see.
What I am gonna do is ask you to ask yourself this one question.
If he was that close, if he was that good a friend, wouldn't it be more likely that he's returned to support you rather than haunt you? Now, Mr.
Chief Justice, may it please the court.
From the time of ancient Romans until today, from the days of swords and chariots to the era of lasers and radio-frequency weapons, there is no more fundamental edict in the military than this one: An order from a superior officer must be obeyed-- That's stilted.
Mr.
Chief Justice, may it please the court.
Commander Wayne wilfully disobeyed an order.
That is the beginning and end of this case and my legal career.
Rabb.
Hello? Hello, son.
Dad? News, traffic, weather reports, every half-hour.
Brought to you by Senator Jim's Auto World.
If you've been waiting for that rainy day, here it is.
- And even if you haven't - Well, you slept late.
I was up in the middle of the night.
Have something on your mind? Just over-tired, I guess.
I was brushing my teeth, I heard you talking in your sleep.
Really? - What was I saying? - Couldn't tell.
But you weren't having a good time.
Hey, something smells good.
I made biscuits.
- You didn't have to do that.
- I know.
I'm glad you did.
Harm, you should have woken me.
Oh, hey, you need your sleep.
And you needed the company.
Oh, it was all right, I read, I organised my desk drawer.
Harm, next time, wake me.
Yes, ma'am.
Let the machine get it.
It's probably your service.
Probably.
You'd better get it.
- Commander Parker.
- This is your service.
Sorry to bother you, but it seemed urgent.
Yeah, thank you.
Have Lieutenant Mago meet me in my office in an hour.
Okay, thanks.
That thing about it always raining on weekends It's the law of the universe, isn't it? It's the same in psychiatry.
On their days off, patients dwell on their problems.
Is it the lieutenant who keeps seeing his dead buddy? I can't go there with you, what if you knew him? - I don't know him.
- Why are you so interested? Curious.
I have obsessions of my own, and, you know, I thought I might learn something.
What obsessions have you been having? Well, there's a certain Navy psychiatrist I think a lot about.
Well, sometimes the best way to get rid of these obsessions is to indulge in them.
Really? This lieutenant, is he dangerous? Yeah, to himself.
He's suicidal.
He feel like he's being haunted? Yes, but it's more complicated.
What's his buddy do anyway? Stare at him? He's talking to him.
It's all about growing up in a foster home.
There are serious issues of abandonment and that is all I'm willing to say.
Oh, yeah, I understand.
I have to go see him.
I mean, he may need to be hospitalised.
I'm really sorry.
Hey, it's nothing to be sorry about.
You have responsibilities, you People need you.
I need you.
When will you be back? Couple hours.
Just be happy you're not him.
Tom Boone and I just flew cap for some A-6's visiting Uncle Ho-- Trish, I gotta cut this short to make the mail.
Give Harm a big hug and a kiss from me and be strong, honey.
I'll be home soon.
I love you guys.
Admiral, I just wanted to wish you well with Monday's oral argument.
It's an important case for the Navy.
I'm looking forward to it, Mr.
Secretary.
Every lawyer wants that quill pen.
Actually, that's what I wanted to talk to you about, A.
J.
You don't litigate anymore and this is your first case before the high court.
It can be intimidating.
You know, nine ornery justices, big marble courtroom, staring you in the face.
I have heard that some lawyers actually wet their drawers.
If I was going to lose control of my bodily functions, Mr.
Secretary, it would have been in Vietnam.
Oh, I'm not doubting your mettle, A.
J.
I just wanted to let you know that the solicitor general is offering the services of Cabot Foster.
Now, Mr.
Foster didn't serve in Vietnam, but he does have three quill pens.
So you want me to sit second chair? No, I want you to be comfortable.
I was wondering why you would come down here on a Saturday morning, Mr.
Secretary.
- You don't trust me.
- A.
J.
To a lawyer, arguing before the Supreme Court is equivalent to planting the flag on Mount Suribachi.
Not only do I believe I can adequately represent the Navy's interest, I damn sure intend to win, sir.
I'll expect that, then.
Oyez, oyez, oyez.
God save the United States and this honourable court.
You may proceed, counsellor.
Pump up the volume, mate, you are the chief.
Mr.
Chief Justice, may it please the court.
The Court of Appeals for the Armed Forces erred in overturning the prison sentence and separation order of Commander Wayne.
The proof conclusively established the commander wilfully disobeyed a safe-sex order.
Diagnosed with HIV-positive, he was ordered to inform potential sex partners of his condition and to use condoms.
He disobeyed both orders.
But where is the injury? None of the women who had sexual contact with Cmdr.
Wayne contracted the virus.
That is correct.
They were fortunate, so was Commander Wayne, or he might ultimately have been charged with murder.
But what business does the military have interfering with the sex life of this bloke? Or anybody for that matter? The courts have long upheld laws restricting the personal rights of those in the military, restrictions that could not exist in civilian life.
And even if the safe-sex orders were invalid, the assault charges would still stand up.
Lieutenant Roberts, what the hell kind of response is that? - Sir? - Don't feed me lobs.
Don't give me softballs.
You are the chief justice.
Your job is to find flaws in my argument, not agree with me.
For God's sake, challenge, interrupt, attack.
Yes, sir.
Commander Wayne didn't attack any of these women, did he? No, he did not.
And each of these women consented to their sexual contact, correct? That is correct.
However-- Then how can he be charged with assault and battery? Which for the last 500 years of common law has required unconsented-to physical contact? One message.
Lieutenant Mago here, doctor.
I'm gonna have to cancel today's appointments.
Please don't try to call me, I need some time to myself.
Ready? - Is it that time? - Yeah.
This is sort of fun, isn't it? I mean, once you get into it.
Yeah, it is, sort of.
You don't think I was too hard on the admiral, do you? No, he told us not to hold back, Bud.
If anything, I think you could be tougher on him.
We would be doing him a favour, wouldn't we? After all, that's the reason he selected us for this detail.
- We should be tough.
- Unrelenting.
- Morning, Your Honours.
- Good morning, sir.
- What are you doing here? - Research.
- Rained out, huh? - Yeah.
Excuse me, sir, ma'am.
I'll see you in there.
We resume in five minutes.
Yes, Mr.
Chief Justice.
How's it going? Well, by Monday, the admiral will be ready and we'll be exhausted.
Mac, you got a minute? Sure, what is it? I saw him again.
Last night, outside my apartment.
Your father? Harm-- Look, before you go directly to scepticism, I want you to see something.
Take a look at this, I photocopied the visitor's log yesterday.
Sixteen-thirty, a Lieutenant Hammer signed in.
That was my father's call sign.
At 1655, he signed out.
Directly after I saw him.
I'm not even sure this says Hammer.
It could be Hammond or even Dammer? Look, this is not the kind of evidence that you want in court.
Maybe.
Maybe it's something else, Mac.
Look, we both know that I have seen ghosts before, aboard the Hornet, Lieutenant Tate, he was with my father.
Have you talked to Jordan about this? - No.
- But you're talking to me? You're ignoring the person that you have the most intimate relationship with.
A psychiatrist, who's suppose to be able to understand what you're going through.
Seems that way, I guess.
Why? For one thing, she's with a patient right now who suffers hallucinations.
I knew she'd go directly to that without considering other options.
You have always, you know, humoured my occasional metaphysical moments.
Harm, I don't think that either one of us can be objective about your father.
Go to Jordan.
You owe it to her for all kinds of reasons.
And don't tell her that you came to see me first.
All right.
Thanks, Mac.
You're a good friend.
Yeah, that's me.
The girl next door.
Look, talk to Jordan, and give it time, think it through.
If you still can't let it go, just trust your gut.
It hasn't failed you yet.
Rabb.
How's that swing coming, son? Remember to choke up on the bat and swing level.
I'll be walking through the door before you know it.
What's wrong? You look like you've seen a ghost.
This is my fault.
I should never have discussed the Mago case with you.
Don't go there, Jordan.
I didn't realise how deep an issue this was for you.
Look, all I'm asking for is the benefit of the doubt, okay? I know my father's voice better than I know my own.
The letter tapes he sent home to my mother I've listened to-- I don't know how many times, it was my catechism.
All the more reason to think you hear him now.
Harm, the most common hallucination is the vision of a loved one who's died.
There's nothing abnormal about it.
And given your 30-year search for your father, I'd be surprised if you didn't see or hear him.
While incarcerated, Cmdr.
Wayne was ordered removed from the Navy under a law which was passed after his trial.
That sounds like an ex post facto statute.
- I don't believe it is-- - And what about double jeopardy? Dropping an officer from the active duty ranks is an administrative action, not a judicial punishment.
But the Navy didn't offer a separation hearing.
Weak response, counsellor.
And I'm still concerned about the Navy's validity in telling an unmarried officer the circumstances under which he may have sex.
And doesn't this violate the notion of fairness and due process to punish a man under a law which was passed after his trial? Admiral? Well, if it's not criminal punishment for the purposes of the double-jeopardy clause, the same holds true for the ex post facto clause.
Counsellor, your time is up.
Additionally, the Court of Appeals for the Armed Forces has no jurisdiction to bar the Navy from administratively - separating Commander Wayne.
- Counsellor.
Admiral, kindly take your seat.
I'm sorry, Mr.
Chief Justice, I was trying to fully explain-- Your arguments have more holes than a target ship.
Your time has expired.
Please sit down.
Mr.
Chief Justice, I would like to extend argument for one moment.
Admiral, what were you saying about jurisdiction? Under authority of Congress, the Court of Appeals is empowered to review court-martial convictions, not administrative separation.
While not directly on point, the case of Hendrix v.
Warden, when read in conjunction with Pennsylvania v.
The U.
S.
Marshals Service, makes it relevant.
It's a novel argument, but an interesting one.
It hadn't occurred to me, but it works.
"But it works"? Well, kind of.
We'd have to reverse the Court of Appeals for the Armed Services.
It would set a precedent.
Yes, lieutenant, it would.
Which is okay.
Admiral, thank you for your cogent and illuminating arguments.
This court is adjourned.
Wow, it looks great.
Zucchini lasagne, my mother's recipe.
She snagged my father with it.
You know, this isn't right.
You're supposed to be the guest, I should be serving you.
I feel comfortable in your house.
It's a good thing.
Excellent.
Really good.
Thank you.
Thank you for putting up with me.
I could say the same thing.
We both lead complicated lives.
This is the first moment of the whole weekend that feels uncomplicated.
Let's toast to that.
The wine.
You stay, I'll get it.
What's going on? Harm? He must've gone down the fire escape.
Who? Harm.
Harm.
Maybe he left something in the car.
Harm.
- It was him, Jordan.
- No.
- In a POW uniform.
- Listen to me.
Listen to me.
Did you ever see your father in a POW uniform? - No.
- Not even in a photo? - Never.
- Listen to me.
Listen to me.
Until now, you've simply been reliving scenes you've already experienced.
Your father as an aviator, him talking to you.
The old memories rewinding and unspooling.
But now, your mind is fabricating new ones.
Why? Is it safe to assume you've never used mind-altering drugs? LSD, peyote, psilocybin? Very safe.
Have you suffered any head injuries? I've been punched in the head a few times, but nothing recently.
I don't think this is psychosis.
But I can't rule out the possibility of organic brain damage.
I want you to report to Bethesda for a CT scan.
- Yeah, whatever you want.
- All right.
The phone call I told you about, it seemed so real, Jordi.
It seemed so real.
What did he say to you? Well, he said he was He said he was looking forward to coming home, you know, playing ball with me, stuff like that.
He told me to choke up on the bat, you know? Is that something he would say? No, that's something he did say.
He did say that.
It's tape number seven.
It's one of my favourites.
I just left the hangar deck, Trish.
I bet Harm would love to see this.
How's that swing coming, son? Remember to choke up on the bat and swing level.
I'll be walking through the door before you know it.
Those last three sentences, it's what he said to me on the phone.
Exactly.
Same inflection, everything.
- Somebody's been here.
- How can you tell? The tapes are out of order, they've been tampered with.
Whoever did this is trying to play with my head.
Tell me.
How goes the search for Papa Rabb? You know, I hear he's living very well outside of Kiev.
Or is it Stalinska? Anyway, shame he never calls.
Palmer.
I hear Boone coming.
We've got a briefing in five minutes.
I gotta go now, Trish.
But I'll be home to see you and little Harm soon.
I'll be home to see you and little Harm soon.
I'll see you and little Harm soon.
I'll see you soon.
Harm, slow down.
Are you're kidding me? After last time? You dealt with him.
I never met the man.
And I wanna keep it that way, Jordan.
Clark Palmer is a sociopath, a techno-freak escape-artist who thinks he's smarter than everybody else.
He has no conscience through which to filter his impulses.
All he cares about is playing the game to win.
He wants recognition for what he does, appreciation for his skills.
In a big way.
Then he'd probably leave a clue or calling card.
You know, when I came back to get you that night, he left a picture of himself taped to the door.
That's textbook.
Did you try to star 69 him? Brilliant.
I haven't used the phone since he called.
I hope it wasn't a cell phone.
Good evening, thank you for calling the Excelsior Hotel.
Is this the Excelsior Hotel in Georgetown? Yes, it is.
Is there a Clark Palmer there, please? I'm sorry, we don't have a Clark Palmer registered.
What about Rabb? R-A-B-B, Harmon Rabb.
We have a Harmon Rabb Sr.
But there's a "Do Not Disturb" on his line.
Could you tell me his room number, please? I'm sorry, sir, we can't give out that information.
Look, this is his son.
I need to speak to him, it's an emergency.
If you don't believe me, hang up, call information and ask for Harmon Rabb Jr.
In D.
C.
And then call me back, please.
That won't be necessary.
- He's in Room 318.
- Thank you very much.
He's setting you up.
Jordi, the way I see it, I have two choices.
I can play the hunted or the hunter.
I prefer the latter.
I don't suppose you prefer calling the police? Look, sit tight.
I'll call you, okay? Major? I'm sorry to disturb you, admiral.
I was just relieved from duty.
- Come in, come in.
- Thank you.
- Coffee? - No, thank you, sir.
It's about the case.
Well, you-- Last-minute suggestion? No, sir.
Because I feel very prepared.
I mean, today's session was damn exhilarating.
Sir-- Do you know that the SECNAV wanted me to yield argument to some noodle-necked geek from the solicitor general's office? - Admiral, I have-- - Can you believe that? The case is over, sir.
I'm sorry? The clerk of the court called JAG Ops an hour ago.
Commander Wayne resigned his commission today.
So You won.
The hell I did.
The other side retreated, there's no satisfaction in that.
No res judicata, no precedent, no written opinion.
A case like this could come up again, sir.
It sure the hell doesn't mean that I'll get to argue it.
Well, I think you had some damn fine arguments, sir.
- If it's any consolation-- - Major.
Yes, sir.
Mac.
Thanks.
You're welcome, sir.
Despite what happened, sir, we're all very proud of you.
Lieutenant Mago? So I followed him to Memorial Bridge, and that's when he told me to jump.
I stood there, leaning over the railing.
Suddenly I realised, "My God, what am I doing? I need help.
" And I thought of you.
How did you find me? Your service.
I told them it was a life-or-death emergency.
This is entirely inappropriate, lieutenant.
I'm sorry.
Should I go? Come in.
Here.
- What's this? - A Mylar mirror.
Do you know what Mago means in Italian, doctor? No, I don't.
Magician.
I can't come to the phone right now.
Leave your name and number at the beep.
Jordan, it's Harm.
Pick up the phone.
Hello, Jordan? Hello? She's tied up right now.
Sorry, couldn't resist.
Jordan? Palmer.
Where is she, Palmer? That's how you greet me? After all we've been to each other? If you hurt her in any way Oh, no.
I thought I'd leave that up to you.
Look, I'm getting tired of this game, Palmer.
Don't move.
What are you after? Your attention.
I want every second of your life to be about me.
When you're awake, when you're asleep, when you're on the can and when you die.
You're Lieutenant Mago, aren't you? What gave me away? All those sessions with Jordan, the stuff about the abandonment, the foster homes, it's all true, isn't it? So much for doctor-patient privilege huh? That's where your resentment of me comes from, isn't it? I loved my father, you hated yours because he ran out on you.
Too much analysis.
Ruining my life is not gonna make you feel better, Palmer.
You're probably right.
I'll just shoot you now.
- Jordi, are you okay? - Is he dead? He'll make it.
You knew it was a mirror? I had my suspicions.
When I saw him draw his pistol with his left hand, then I knew for sure it was a reflection.
Oh, good, I guess you weren't hallucinating after all.
- I guess I don't need therapy.
- Oh, that's too bad, because I think you would have liked the therapy I had in mind.
Let's get this guy out of here.
If it's any consolation, sir, I think that you would have made them sit up and take notice.
Oh, thank you, lieutenant.
By the way, thank you for your participation.
Sir, if I have overstepped myself, I apologise.
I know that we were just play-acting, and I think maybe I got a trifle carried away, but I meant no disrespect.
- Did you disobey an order? - No, sir.
Did you shirk your duty? No, sir.
You know, Mr.
Roberts, I was a pretty fair litigator in my time.
But I came to law late in life.
You're young, that's good.
Mr.
Roberts, you have the potential to be a great lawyer.
- I don't know about that, sir.
- Well, I do.
And take my advice.
Let your style develop naturally.
Try not to fire any weapons in a courtroom.
- Yes, sir.
- That'll be all? Yes, sir.
- Dismissed.
- Aye, aye, sir.
I have a lot to learn, sir.
Not as much as you think, son.
You didn't have to be here, commander, we do this every day.
Just wanted to be sure you admitted the right man.
He won't slip through again, will you? Oh, absolutely not.
Where's your solitary wing? In a very safe place.
Well, let's hope so.
If you like, we can set up a cot outside his cell.
That way, you can look in on him yourself.
Gate.
Palmer, get some help while you're in there.
He cares.