JAG s05e04 Episode Script

All deck personnel, break for fuel transfer.
Increase speed to 120 revolutions.
Increase speed to 130 revolutions, aye.
- That's 120 revolutions.
- One-two-zero revolutions, aye.
Come right.
Steer course 055.
- I say it again, come right, 055.
- Zero-five-five, aye, sir.
Rivera, do I need to have you relieved? - No, sir.
- Then man your helm, son.
Aye, aye, sir.
All deck personnel, fuel transfer has commenced.
Officer of the deck, wind shifting to starboard quarter.
- Captain, we're getting sucked in.
- Captain has the con.
Boatswain's mate of the watch, take the helm.
- Aye, aye, sir.
- Right standard rudder.
Steady on course 070.
Standard right rudder.
Come to 070, aye.
This is the captain.
All hands.
Emergency breakaway.
Repeat, emergency breakaway.
Clear the lines, they're breaking-- No! - Get a corpsman down there.
- Get a corpsman to the main deck.
- Lieutenant Gold, take the con.
- Aye, aye, sir.
Lieutenant Nelson, you are relieved.
Sir, steady on course 070.
Very well.
This was a stupid, needless mishap.
Seaman Rivera, I'm confining you to bread and water for three days.
Captain, if I might point out, it was the wind shift-- It was negligence, Lieutenant Nelson.
Now escort Seaman Rivera to the master-at-arms shack.
Captain, with all due respect, he's entitled to a hearing.
Fine.
Do you have anything to say, Seaman Rivera? Sir, no, sir.
Lock him up, Mr.
Nelson, and spare me your customary whining.
That was not due process, sir.
Are you refusing to obey an order, mister? Yes, sir.
I must respectfully-- Lieutenant Nelson is hereby relieved of duty and restricted to quarters, pending court-martial.
Now, get off of my bridge.
Can I help you, commander? - You must be the new gunny.
- Yes, sir.
Gunnery Sergeant Victor Galindez.
And you're? Commander Rabb.
- Welcome back, sir.
- Thank you, Tiner.
They're in the conference room.
I believe they're expecting you, sir.
- Nice to meet you, gunny.
- Sir.
Political considerations aside, a wilful-disobedience case is always-- Lieutenant Commander Rabb reporting as ordered, sir.
Come on in, Rabb.
Take a seat.
A wilful-disobedience case is always a lose-Iose situation.
Then perhaps you should give it to Lieutenant Roberts, sir.
Well, he's accustomed to losing.
Can I remind you of the Barstow case, commander? The lieutenant had an unfair advantage.
- How's that? You were prosecuting.
- That was your advantage.
It was an incredible experience, sir.
I wouldn't trade it for the world.
- I understand you did pretty well.
- Well, I held my own, sir.
Pushing another F-14 by its tailhook I'd say you did more than hold your own.
Apparently, Admiral Nash agrees.
He's putting you in for your second Distinguished Flying Cross.
Congratulations.
Thank you, sir.
I was unaware of that.
Commander, are you sure you wanna settle for being a lawyer after all this action? Admiral, I don't consider it settling.
Get yourself a proper uniform.
- Sir? - Your insignia.
Get rid of that line officer star and get yourself a JAG millrind.
You work for me now.
Have a seat.
Thank you, sir.
I guess you'll want me to get started on sentencing reports and pretrial motions.
Well, why the hell would I wanna waste your talents on such mundane assignments like that? Sir, I just thought since I left your command-- That I would hold a grudge? Commander, do you consider me that petty and vindictive? No, sir, of course not.
I just thought a precedent had been set.
When Colonel MacKenzie left, you had her all but swabbing the deck.
She left for the glamorous civilian life.
Hell, you went out and got yourself another DFC.
No.
As a matter of fact, I have a nice little case for you right here.
Thank you, sir.
Wilful disobedience.
You'll defend.
Roberts, second chair.
Brumby's prosecuting.
I'll do my best, sir.
Well I sure the hell hope so.
It's the SECNAV's son.
Welcome back, commander.
That'll be all.
- Sorry, force of habit.
- No worries, mate.
You're next door to Mac now.
- Colonel.
- Commander.
I was about to come see you.
They painted in here.
I could never get them to paint.
All in the way you ask, I guess.
Oh, by the way, I understand you're defending Lieutenant Nelson.
That's right.
If you lose, Harm, you'll always be known as the man who let the SECNAV's son go to prison.
Well, you'll be the guy who put him there, Brumby.
Excuse me, ma'am.
- You should get some help with that.
- No, I got it, thank you.
No.
Finish.
Jordan, hey, it's Harm again.
I'm at the office now.
Give me a call.
I'd like to see you.
Okay, goodbye.
Colonel.
Out there, it's colonel.
In here, it's Mac.
So how's it feel being back? Like I left yesterday.
And I've been gone 100 years.
Yeah, I know the feeling.
Except, you know, when I came back, I was condemned to writing mindless motions for a month.
And now you're the admiral's chief of staff.
Well, not officially.
Are you free for lunch? Brumby and I are gonna grab a bite.
Bud and I have to go to Norfolk.
Well, maybe another time.
Sure.
Sorry again about the office, Bud.
Oh, hey, if I had to lose it to somebody, I'm glad it was you, sir.
I never thought I'd see you back here at JAG, let alone work a case with me.
I understand you've become quite a litigator.
Well, you know, I got lucky.
Won a few cases.
Well, I hear you kicked Brumby's butt once or twice.
Yes, sir.
- Kind of like-- - You kicked mine before I left? Well, sort of, sir.
Yes, sir.
We were hooked up to the oiler, taking on fuel.
I had the con.
But refuelling's always tricky, sir.
Especially in heavy seas.
All the way down to the cleats, McWilliams.
Aye, aye, sir.
Sorry, my office is full of tarps.
I have to get this painting detail completed.
No problem.
Anyway, you have to maintain position relative to the supply ship.
Too close, you collide and too far, you break the fuel lines.
The deck log says that Seaman Rivera made an error at the helm.
Yes, sir.
He misdialled a speed adjustment, but I caught it in time.
He was shook up, but he would've been okay.
Then the wind shifted and a swell pushed us towards the oiler.
Commander Burke ordered emergency breakaway.
One of the fuel lines broke and whipped across the deck and hit a linesman.
Then Commander Burke held a captain's mast? That was no captain's mast, sir.
It was arbitrary punishment.
Commander Burke is a highly regarded officer, lieutenant.
Whom I respected.
Until I served under him for a few weeks.
- What changed your mind? - The way he treated me.
He was on my tail from the get-go.
Did he treat you differently than the other junior officers? - He rode them all pretty hard too, sir.
- But he was especially tough on you? I know I have a lot to learn, sir.
And the skipper demands perfection.
I can deal with that.
I grew up dealing with that.
- But he went over the line with me.
- How? Constant faultfinding, rebukes in front of the crew, verbal abuse.
- Verbal abuse? - As deck division officer, I have 20 men and women working under me.
How can they respect a boss whose CO is always chipping at him? Lieutenant, do you think that your father's position has anything to do with Commander Burke's treatment of you? No, why would it? Maybe Commander Burke is holding a grudge.
I suppose.
It's possible.
A lot of people have a grudge against my father.
- Good morning, gunny.
- Good morning, sir.
Look, this is a long shot, but have you ever served aboard a ship with Commander Wallace Burke? I can't say that I have, sir, but I'm sure if I ask around, I can find someone who did.
- Do that, will you? - Aye, sir.
- Thank you.
- By the way, sir, this message came for you.
Thanks.
Gunny, I'm gonna need transportation this afternoon.
- Thank you.
- Yes, sir.
What are the chances of this going to trial, commander? They're excellent, sir, considering your son waived his right to an Article 32 hearing.
And the chances of acquittal? - Not so excellent, sir.
- That bad, huh? Your son did disobey a direct order, Mr.
Secretary.
You'll try to prove that the order was unlawful, of course.
That is the customary defence, yes, sir.
Well, and if successful, that'd be a black mark against Commander Burke.
Yes, sir, there's a good chance.
That would be unfortunate.
Burke's a good officer.
Well, it appears that way, sir.
I'm a political appointee.
I'm not very popular with the officers.
Don't disagree so fast.
Everyone will bend over backwards to avoid any appearance of undue command influence.
My position could actually hurt my son.
This can't go to trial for the good of the Navy.
- The good of the Navy, sir? - And of all concerned.
Maybe you should be talking to Commander Brumby.
I have, and now I'm talking to you.
Find some way to settle this.
- Is that an order, sir? - No, commander.
It's a request from a father.
The lieutenant called for 120 rpm.
I dialled 130 by mistake.
So that would have you going faster than you wanted to be.
Yes, sir, by about two knots.
- But Lieutenant Nelson caught it.
- Oh, immediately, sir.
But then I didn't hear the next course correction.
I messed up real bad, lieutenant.
From what I hear, you never messed up before.
So, what happened? I was rattled, sir.
It's almost as if he was waiting for me to foul up.
- Commander Burke? - Well, don't get me wrong, sir.
I mean, the skipper's tough, but he's usually fair.
Only Can I talk off-the-record, sir? Anchor detail, report to Deck Section 2.
Anchor detail, report to Deck Section 2.
The scuttlebutt was the commander had it in for Lieutenant Nelson.
So he punished you to get to the lieutenant? He never punished me.
- Three days bread and water? - Suspended that night.
It's easy following orders we like.
Unfortunately, we don't always have that luxury.
Sir, I'm sure Lieutenant Nelson-- Lieutenant Nelson had an attitude from day one.
He needed taking down a peg.
Teaching a young officer humility is one thing, sir.
Destroying his career is something else.
I'm not out to destroy anyone's career.
If this case goes to court-martial, commander, his career is over.
He should have thought of that before he defied me on my own bridge.
He's lucky I didn't charge him with mutiny.
Commander, is a court-martial really in the Navy's best interest? Is this where you play a trump card? - Excuse me? - Oh, come on, commander.
We know what this would mean to my future in the Navy, going after SECNAV's son.
I can assure you the SECNAV has no intention of getting involved.
But I will say this: It is in everybody's best interest if we come to some sort of an agreement.
- You mean a plea bargain.
- Would you consider a plea bargain? I'll go even one better.
I'll withdraw all charges and return Lieutenant Nelson to duty.
In exchange for? He admits he was wrong and apologises to me publicly.
No, sir.
Absolutely not.
The commander is making a concession.
- Think about it.
- I could think about it for a year.
It wouldn't make a difference.
It'd make a difference to your future in the Navy.
Apologising would be the sensible thing to do.
And expedient, but it wouldn't be right.
Seaman Rivera's punishment was suspended.
He's already back on duty.
Well, that only proves Burke was really after me.
I mean, don't you get it? He never intended to punish Rivera.
- He only wanted to humiliate me.
- But why? Why does any tyrant abuse his power? Because he can.
Let's go easy on the labels, lieutenant.
You don't know what it's like, sir.
Constantly being criticised.
I mean, no matter how hard you try, your best is never enough.
I'm not a loser, sir, but he makes me feel like one.
Sounds like my father.
If you were in my place, commander, would you apologise? I would try to find a way, lieutenant.
Well, I can't, sir.
It's a matter of principle.
Principle or payback? For the past six months, I've lived like Mother Teresa.
The admiral decided I was no longer a disgrace to JAG, the Marine Corps or myself, so he renewed his recommendation for accelerated promotion and the board deep-selected me.
I'm sure the way you handled the anthrax courts-martial had something to do with it.
Or the way I handled the many other cases you left me.
Sorry.
What about you? You find what you were looking for out there in the wild blue yonder? Yeah.
Eight years too late.
Not much of a career left for me in aviation at this point.
Yeah, but you knew that before you went back.
Well, maybe I thought I could beat the odds.
So, what's next? JAG.
Guess I had to leave to Well, you know, to figure out how much I like this place.
Colonel.
Commander.
- Brumby, have a seat.
- I'd love to, but I can't stay.
I had an interesting chat with Commander Burke.
You know he's willing to drop the charges? Yeah, we're not interested.
- Well, why in the bloody hell not? - We don't like the conditions.
Well, is that your client's position or yours? My client's position is my position.
Okay.
I'll see you in court, mate.
Colonel.
It's under control.
Yeah.
I've been calling you.
I know.
Come in.
- How long have you been back? - Since I've been calling you.
- You don't return phone calls? - I'm here now.
- I was just gonna make some tea.
- Oh, no, thanks, I can't stay long.
Jordan, I know that it ended badly.
But we-- I mean, we had a great thing going.
We did.
Okay, dealing with my obsessions couldn't have been easy, I realise.
I deal with obsessions every day.
It's my job, remember? And being with me isn't supposed to be like work, right? I didn't mind that.
What I did mind was being shut out.
All the time you were thinking of going back to flying and you never told me? Is that so hard to forgive? It's not a matter of forgiving.
You can't help who you are and I don't wanna change you.
- Maybe a little.
- Then where's the problem? I've got orders to Spain.
That's what I came to tell you.
You could have told me that over the phone.
I don't want you on the rebound from an F-14.
That's not fair to either of us, Jordan.
Maybe when I get back from Spain.
Don't leave.
Commander Rabb.
I'm still looking, but I've got some skinny on Commander Burke.
- What'd you find? - There was no complaints on record, but the man's a hard ass, all right.
Each cruise, he picks a junior officer as a special project and makes their life hell.
Any particular qualifications for this honour? None, sir.
Minorities and women are not exempt.
- An equal-opportunity hard ass, huh? - That's right, sir.
He finds fault with them, humiliates them and then right as they're reaching their breaking point, he cuts them slack.
Except Lieutenant Nelson was the lucky one this time.
There was a betting pool going on in the chief's mess about when the lieutenant would crack.
Not if, sir, when.
- Thanks, gunny.
- Aye, sir.
The admiral said to go straight in, sir.
Not until you hear from me.
Well, that was the chief of information.
We're getting requests from the media to attend Lieutenant Nelson's court-martial.
That's not surprising, considering the defendant's lineage.
This is rapidly approaching a spectacle.
I don't like spectacles.
If I may, admiral, we can dispose of this case easily if Rabb would persuade his client to budge off his foolish position.
Well, as usual, sir, Commander Brumby has hit the nail squarely on his thumb.
My client will not apologise for acting honourably.
Disobeying an order in front of witnesses.
- You call that honourable? - If the order is unlawful-- - The captain is entitled to discipline.
- Yes, but proper-- It was proper.
The spirit of the law, if not the letter.
Admiral, I don't see a settlement here.
I see a battle of wills between two pigheaded sailors.
Referring, of course, to Lieutenant Nelson and Commander Burke.
Well, there is one thing we agree on, sir.
What is that, commander? There will be a trial.
What happened then, Lieutenant Gold? Seaman Rivera made an error dialling in a speed change.
Lieutenant Nelson corrected him.
Rivera then missed a course correction.
I'm sorry.
You're saying Seaman Rivera made two errors back-to-back, - correct? - Yes, sir.
Then a swell caught us and carried us toward the oiler.
- Was there a danger of a collision? - Oh, there was, yes, sir.
Commander Burke ordered an emergency breakaway.
In the process, a fuel line disconnected and hit a sailor in the face.
He suffered a dislocated jaw and a broken nose.
So did the helmsman's two errors contribute to the mishap? Objection.
Calls for an opinion.
Your Honour, as officer of the deck and navigator, the witness is highly qualified to offer opinions on seamanship.
Objection overruled.
You may answer the question, lieutenant.
I think they could have contributed, yes, sir.
Then was the captain's mast warranted? Yes, sir.
I suppose it was.
Thank you.
Your witness.
You say that the captain's mast was warranted, but was it conducted properly? I can't say.
- You were there, weren't you? - Yes.
But I had the con.
I was focused on steering the ship.
I see.
Is Lieutenant Nelson a competent ship handler? I'd say so, yes.
Capable of coping with the types of errors made by Rivera? He was coping with them.
So he could have prevented a collision had Commander Burke not intervened? In my opinion, he probably could have, yes.
Then Commander Burke's intervention was premature, was it not? A hasty reaction of a fretful and impulsive man? - I object, Your Honour.
- Sidebar.
We'll lay the ground rules right here, gentlemen.
I will not permit innuendo or unfounded allegations against commanding officers in my court.
Sir, our entire defence is predicated on the unlawfulness of the order.
Then pursue the order, commander.
Not the man.
- Is that clear, lieutenant? - Yes, sir.
- Very clear, sir.
- Perfectly clear, Your Honour.
Very well.
Step back.
- Objection sustained.
- Move on, Bud.
- If I show Burke acted impetuously-- - Lieutenant, move on.
Petty Officer Botts, as boatswain's mate of the watch, you're in a position to observe bridge activity, are you not? Usually.
Yes, sir.
Were you able to observe the so-called captain's mast on the night of the--? - I object, sir.
- Sustained.
- Rephrase, lieutenant.
- Yes, sir.
Were you in a position to observe any nonjudicial punishment on the bridge the night of the incident? Not real closely, sir.
I had the helm and that took all my attention.
I see.
Petty Officer Botts, have you ever witnessed any deficiency in Lieutenant Nelson's performance of his duties? No, sir, I have not.
Lieutenant Nelson's a fine officer.
I'd be proud to serve under him any time.
Thank you.
No further questions.
You understand Lieutenant Nelson is not on trial for deficient performance but for disobeying an order, correct? - Yes, sir, I understand that.
- Good.
By the way, who's responsible for training and supervising Seaman Rivera? The deck division officer supervises the helmsman, sir.
And who has that billet aboard the USS Ellison? Lieutenant Nelson, sir.
Thank you.
When you go before the committee Friday, look out for Latham.
Mr.
Secretary, I always look out for Congresswoman Latham.
If there's nothing else, sir? Just one more thing, A.
J.
Unofficially, how does it look? - Bottom line? - Yeah.
It's your son's word against Commander Burke.
The members will side with Burke.
Well, I would.
Have you talked to Brian? No.
The White House wants me to keep my distance.
To avoid the appearance of impropriety.
The hell with the White House, Mr.
Secretary.
This is your son.
Talk to Brian.
Ask him to apologise.
Actually, Brian and I don't talk much.
We haven't for some time.
Well, my daughter was angry at me for years after I left her mother.
I demanded excellence in everything Brian did.
I even took him off the baseball team because he failed to get straight A's.
I pushed so hard, eventually I pushed him away.
So far away he won't come back? Well, sir, nobody holds a grudge like our own children.
He's a good boy, A.
J.
He was arrogant, fractious and unable to handle constructive criticism.
- Did you counsel him, commander? - Absolutely.
I take a personal interest in all my officers and I set about correcting what I considered to be a serious leadership problem.
How so, sir? By not letting him get away with anything.
I was determined to tear down his shell of conceit and turn him into a leader.
Take the night of the incident.
When performing intricate manoeuvres, a rhythm develops between con and helm.
It requires intense focus.
Seaman Rivera had lost his focus.
I set about imposing punishment.
But you ordered Lieutenant Nelson to lock him up.
- Correct.
- Why not wait for the master-at-arms? I was teaching Lieutenant Nelson he was responsible for disciplining his men.
And what did Lieutenant Nelson do when you issued that order, sir? He refused to obey it.
Thank you.
Your witness.
Commander Burke, I have Lieutenant Nelson's fitness reports from his two previous commands.
Defence Exhibit A, sir.
These FITREPs show Lieutenant Nelson to be an exemplary officer in every regard.
Can you explain, sir, his high marks with two previous COs and yet his dismal failure with you? I can't speak for other COs.
I can only speak for myself.
Well, then, sir, speaking for yourself, can you tell us why you decided to discipline Seaman Rivera without due process? There was due process.
I held a captain's mast.
Did you inform him of his rights, sir? Which particular rights were you referring to? The rights to be informed of his offences, to remain silent, to examine evidence, to have a spokesperson present, to produce witnesses, to submit written reports.
We get your point, commander.
Let him answer.
Seaman Rivera knew of his offence because he had just committed it.
I offered him a chance to speak and he chose to remain silent.
Witnesses? All present, including myself.
And as for a spokesperson, who better than Lieutenant Nelson? I violated no one's rights.
You know, he made me look like an ill-mannered schoolboy.
I thought you were a good lawyer, sir.
- I thought you fought for your clients.
- I am fighting for you, lieutenant.
By debating legal technicalities? Why didn't you go after him, commander? - Lieutenant-- - Are you afraid of him, sir? Is that it? Now you are acting like an ill-mannered schoolboy.
- Hello, commander.
- Sir.
Hello, Brian.
It was my idea to come here.
- We'll leave you two alone.
- No.
Please, stay.
I thought we could discuss your situation.
Maybe find an amicable solution.
Meaning I messed up and I should apologise.
- I didn't say that.
- What, then? You wouldn't be here without a reason.
Are you getting some heat from above? Just once in your life, can you assume I have your best interest at heart? Well, short of getting me a presidential pardon, I don't see what you can do for me, sir.
Well, I can tell you I'm proud of you for taking a stand and doing what you believe is right.
But there is a fine line between integrity and intransigence.
- You do want me to apologise? - Yes.
Not for me.
For you.
Commander Burke has suspended the helmsman's punishment.
You've achieved your objective.
There's no reason to continue this.
You know, for one second, I believed that you really came here to support me.
Lieutenant, he's reaching out.
The least you could do is listen.
When I lived under his roof, I had to listen.
I don't have to now.
Will that be all, commander? Excuse me.
Commander, the information you requested.
- It's pretty interesting, sir.
- Thanks, gunny.
The old Harm would've gone for Burke's jugular.
Not you too.
"It was tense on the bridge, Commander Burke.
Things move quickly.
Maybe you acted hastily.
" Come on, Harm.
You know how to do it.
Oh, the media would love that.
Ship's captain rattled during emergency, blames junior officer.
You're supposed to be worrying about your client's image, not Commander Burke's.
If we're gonna make the law our lives, we have two choices: Respect it or manipulate it.
Your client still takes priority.
If you can't see that, I can recommend Bud take over the case.
Well, that won't be necessary, colonel.
But just so we're clear, I will not destroy one good man to save another man.
Not while there are alternatives.
And when the alternatives run out, commander? Lieutenant Nelson, did you disobey Commander Burke's order to escort Seaman Rivera to the lockup? - Yes, sir, with great regret.
- Why? Well, I felt the order was unlawful.
Seaman Rivera was denied due process.
But Commander Burke held a captain's mast, didn't he? - That was not a fair hearing, sir.
- Why not? Seaman Rivera wasn't allowed time to prepare a defence.
Commander Burke just declared him negligent and sentenced him on the spot.
It was the law according to Burke.
But aboard ship, lieutenant, the captain's word is law, isn't it? Yes, sir.
But there must be accountability.
He punished a sailor for an honest error to teach me a lesson.
That was wrong.
Do you have any legal training? Yes, sir.
I took a class at the Naval Academy.
- NL 400.
- NL 400.
And how much of that course dealt with nonjudicial punishment? - I believe one lecture, sir.
- One whole lecture? Well, I can certainly see why you consider yourself an expert.
I was raised to know the difference between right and wrong, sir.
Sorry we all didn't have the benefit of your special upbringing.
- Objection.
- Withdrawn.
Commander Burke circumvented proper procedure, sir.
Did he? And did you follow proper procedure on Commander Burke's ruling? For example, did you send an appeal to the commodore through the proper chain of command? No, sir, there wasn't time.
So circumventing proper procedure is okay as long as you're the one doing it.
- Isn't that correct, lieutenant? - The counsel's badgering the witness.
I'm through with the witness, Your Honour.
Redirect? No, sir.
We'll adjourn till 0900 tomorrow.
Mr.
Secretary.
- You were expecting someone? - No, sir.
Please, come in.
- Have a seat, sir.
- I won't stay long.
I have some information for you.
How you use it is your business.
Yes, sir.
Shortly after Brian was assigned to the Ellison, I ran into Commander Burke at the Pentagon.
I mentioned my son would be serving under him.
I asked him not to show any favouritism.
I think my exact words were, "See what he's made of.
" - You meant that as an order, sir? - Not intentionally.
But if you can show that Burke took it as such, the members can rule that his order was unlawful.
Yet it takes Burke off the hook.
It puts you on it, sir.
Would you be willing to testify? Yes.
You could be accused of impropriety, sir.
As I said, use the information as you see fit.
Good night, commander.
Good night, sir.
Commander Rabb, do you wish to call any more witnesses? Yes, sir.
The defence recalls Commander Burke.
Commander Burke.
Commander Burke, I remind you, you're still under oath.
Yes, sir.
This won't take long, sir.
We know you have a ship to command.
Take all the time you need, commander.
Well, thank you, sir.
Have you ever conducted a captain's mast aboard the bridge before, sir? No, but I'd hold a captain's mast in the head if I felt the situation warranted it.
Because it's your ship, isn't it, sir? That's right, commander.
It's my ship.
Well, sir, during your deployment to the Adriatic in the fall of '97, you placed three sailors on bread-and-water confinement for beating up a fellow shipmate, correct? That's right.
It was a hazing incident.
The victim refused to identify his assailants.
But you told the assailants that the victim had identified them.
Correct.
- You see, what I was trying-- - You lied.
- I object, sir.
- Approach.
I warned you I would not tolerate character assassination.
That was not my intention.
You accused Commander Burke of lying.
Sir, under RCM 608 the character of a witness may be attacked if probative of untruthfulness.
This is a desperate attempt to discredit a good officer.
My intention, sir, is to show Commander Burke had a hidden motive issuing his order to Lieutenant Nelson.
By referring to an unrelated incident from two years ago? - Where's the relevance? - It goes to pattern of behaviour.
Sir, my client is entitled to a thorough defence.
And I respectfully suggest the purpose of this court-martial is to seek justice, not protect Commander Burke.
I know the purpose of this court-martial.
And if you ever speak to me that way again, I'll throw you out of my court.
- Understood? - Yes, sir.
Objection sustained.
Commander Burke, why did you suspend Seaman Rivera's sentence? Because he came to me afterward and apologised like a man.
Well, could it be, sir, that you regretted a decision you had made in the heat of the moment? A heat of the moment is when a leader often makes decisions.
As an aviator, you should know that, commander.
It is also when he most requires loyalty.
If I can't rely on my officers at all times, I don't want them around.
Now, sir, you also offered to withdraw charges and reinstate Lieutenant Nelson to full duty if he apologised.
- Isn't that correct? - I'm not a vindictive man.
So then his alleged offences could not have been that serious to you, sir, if a simple apology would have cleared them.
It was very serious.
But if he expresses true remorse and persuades me that he's learned from his mistakes, yes, I would clear him.
But I'm afraid Lieutenant Nelson is too arrogant for that.
Regimental commander, senior year in Annapolis.
Outstanding FITREPs.
Good ship handler.
Popular with the crew.
Why is it, sir, Lieutenant Nelson is liked by everybody but you? A leader doesn't need to be liked.
A leader needs to be respected and obeyed.
The men didn't obey Lieutenant Nelson, sir? Sure, they did.
Because he coddled them.
That only works to a point.
I teach my officers discipline.
It's the soul of the Navy.
So that's why you ordered Lieutenant Nelson to lock up Seaman Rivera, to teach him discipline? Yes, as I said.
Except your plan backfired this time, didn't it, sir? Nothing backfired.
Lieutenant Nelson disobeyed your orders.
- You couldn't have foreseen that.
- Sure, I did, it's his character flaw.
He's too damn concerned with being liked.
You knew Lieutenant Nelson would refuse to lock up Seaman Rivera? Knowing Lieutenant Nelson, I figured there was a good chance of it.
- And you issued the order anyway? - Of course.
So you manipulated him into disobeying an order.
No.
When I issue an order, I expect it to be carried out.
You just said that you didn't.
You twisted my words.
Your words are crystal clear, commander.
You intentionally provoked Lieutenant Nelson into disobeying your order for the sole purpose of punishing him later.
That makes your order unlawful, doesn't it, sir? Lieutenant Nelson, would you and your counsel please rise? Captain Packard, would you announce the finding, please? Lieutenant Nelson, this court-martial finds you guilty of the charge and specification.
This court-martial is adjourned.
The sentencing will start tomorrow.
- Commander - No comment.
- We'll fight confinement.
- I can kiss my career goodbye.
Nice job, Commander Rabb.
You almost had me rattled in there.
Well, I hope you know, commander, it was nothing personal.
You know, sir, you can still get this guilty verdict disapproved.
That's up to him.
Do you have something to say to me, son? Yes, sir.
I would-- I would have made a good officer.
- So he wins.
- No, lieutenant.
You lose.