JAG s07e05 Episode Script

Commander Pagano, I've identified the encryption on the North Korean submarine's message.
It's translating.
How vital is it, Senior Chief? Extremely.
The sub's CO is sending birthday greetings to his wife.
( both chuckle ) ( steady beeping ) ( computers trilling ) ( steady beeping ) Evening, Commander Stoechler.
Senior Chief.
How was your meeting, Commander? Could have been handled on the STU-three.
I think Captain Reeves makes me drive out to Group Command just to remind me who's boss.
Anything I should be aware of, sir? No.
What's happening here? System maintenance.
SAT relays should be coming down.
I'll get them, sir.
( keypad beeping ) ( steady beeping ) ( computers trilling ) Base security, sir? Maybe, Senior Chief.
Go ahead and secure the vault.
( gunshot, grunt ) ( gunshot, grunts ) ( gunshot, grunt ) ( gunshot ) PAGANO: Commander, what the? ( gunshot echoes ) ( low, indistinct conversations ) ( steady beeping ) ( keypad beeping ) This is a classified crime scene, Commander Rabb.
I was read-in this morning, Agent Holland.
I'm through in back.
Let's wrap up.
Yes Someone pulling strings for you, Commander? Admiral Danaco wants the navy's interests represented here.
These were his people he wants to know why they were killed.
Well, you won't find that out here.
Naval Security Group removed all classified materials before we got the bodies out.
They provide you with a list of the files taken? Ever deal with NSG, Commander? Then you know Captain Reeves' favorite toy is the "top secret" stamp.
Well, I'll have a word with the captain.
He'll recognize our need to know.
That wasn't his attitude when we got here last night.
Three of the navy's top cryptanalysts have been shot.
He's going to have to talk to us whether he likes it or not.
Right.
RABB: And I want a copy of the security tape.
I'll make you one as soon as we get ours from NSG.
Hmm.
How'd the shooter get in? Uh, still running that down.
You want to take me through it? Professional job.
Senior Chief Trujillo was a clean kill.
Still, it took him three shots to get Commander Stoechler.
Rick Stoechler? You knew him? We served together on the Midway.
They said there were three down, they didn't they didn't give names.
Has his wife been notified? Captain Reeves told her this morning.
Wow.
Well, uh what about the third victim, where was he killed? Who said he was killed? PAGANO: I stepped back, hit the panic button on the keypad and dove.
He shot me twice.
He would've finished the job if the vault door hadn't closed.
How did you get out? I used the vault phone to call base security.
When they turned off the secure warning, I just opened the door.
Did you get a good look at the shooter? No, sir, he was wearing a ball cap.
It happened pretty quickly.
Well, Commander Stoechler's area of expertise was Asian languages.
He had also recently spent time in New London working on counter- intelligence programs.
Uh, your last billet before this was Beijing, which leads me to believe that your intel unit's area of concern is the Pan Pacific.
Yes, sir.
What were you working on? The exact nature of the intel is classified, Commander.
I'm cleared for this, Captain.
Only at level one, not higher.
Respectfully, sir, you cannot determine the level to which I'm cleared.
Classified material is classified by the classifying authority.
Meaning you, Captain? Admiral Danaco has asked me to conduct a JAGMAN investigation, Captain.
He wants to know why these people were killed.
What they were working on may be key to that, sir.
I'd like for Jay to get some rest.
We're done talking.
CHEGWIDDEN: You used your engagement ring to bail out a marine? It wasn't an engagement ring anymore, sir.
And you knew the child who may have been injured during the evacuation? Her name was Lylyana.
She was a dependent of a consulate worker.
She lead us to the LZ, sir.
When the shelling started, we left her there.
We don't know what happened to her, Admiral.
Well, I know you, Mac.
I'm sure you wanted to go back for her, but you did do the right thing.
You got your people to safety.
Well, Colonel, you had an eventful T-A-D.
We've got a new JAG in house.
If you want to take some leave, now is a good time.
Oh, I'd like to get back to work, Admiral.
You must be tired, Colonel.
We're a long way from the Indian Ocean.
Why don't you start fresh tomorrow? Aye, aye, sir.
WOMAN: NSG was here this morning.
They took everything out of Rick's office.
Were the boys at home? At school.
They don't even know yet.
You know what Captain Reeves told me? He said that Rick had a "work-related mishap.
" Like I'm stupid, and I don't know that when you work in intelligence mishap means murder.
Were they looking for anything specific? ( sighs ): I don't know.
Well, do you know what programs Rick was working on? Harm, we was a nut about security.
Eleven years of marriage, and he never talked to me about his work.
You know when he was deployed on foreign soil, I worried.
I knew he was a target.
But he was on a secure base in Washington.
How could this happen? A lot of people want to know the answer to that question, Michelle.
He handled security for the Jimmy Carter program.
I can't believe it was just yesterday that Rick and Captain Reeves were What? They had a phone conversation about the Jimmy Carter.
Rick had sent him some kind of report.
Look, that's all I know.
I heard a few words, and then Rick closed the office door.
( vehicle approaching ) ( horn honking ) I don't know what I'm going to tell them.
You want me to stay? There's nothing you can do.
Commander, this tape came for you.
It's from Agent Holland.
Thanks, Gunny.
Yes, sir.
Afternoon, Commander.
Harriet.
Harm.
Sturgis, you got a minute? Huh, for you? I got all day.
What do you know about the Jimmy Carter? Oh, Carter's a one of a kind.
She's a modified Seawolf, all top secret, still in the testing stage.
When you were a force judge advocate for ComSubPac, you ever come across any cases of espionage dealing with our submarine fleet in the Pacific? Yeah, two or three times.
What can you tell me about them? Uh, this have something to do with your murders? How'd you know about that? Word gets out.
Harm, there's, uh six or seven countries that would give a lot to know the specs on the Jimmy Carter.
Well, do you know anybody I can talk to? I know someone at Norfolk.
I'll contact them for you.
( distant shouting ) ( woman screams ) ( explosion ) ( distant shouting ) ( explosion, woman screams ) ( people shouting, gunfire ) ( explosion ) Colonel! Colonel, you forgot your picture! Get in! We've got to get these people out, now! Colonel! Go back! Go back! Colonel! ( explosion ) ( gasping ) ( helicopter blades whirring ) ( whirring fades ) ( sighs ) MacKENZIE (distant): Lylyana.
( knocking on door ) Come in.
Sir.
( gunshot, commander grunts ) ( two gunshots ) ( steady beeping ) Rick was already dead.
That third shot was just for spite.
Seen this thing twice Killer had this thing timed down to the second.
The only reason that he missed Lieutenant Commander Pagano was because Commander Stoechler didn't go down with the first shot.
He was trying to secure the vault.
What did you get, Gunny? It's been determined the shooter entered the Naval Annex posing as a driver for a commissary delivery.
There was no delivery that night, sir.
What did the cypherlock memory tell us? The last code entered was Commander Stoechler's, sir.
Well, the killer must have gained entry some other way.
( knocking on door ) Hello, Harm.
What brings you here, Webb? Helping a friend in the building.
I didn't know you had a friend in the building.
I hear you're on the NSG murders.
Well, I can neither confirm nor deny that.
You're busy.
We'll talk later.
It's good seeing you, Harm.
It's an internal NSG report.
There was a mole in the intel unit who was passing information to the Chinese.
Does it say who, sir? Commander Rick Stoechler.
( elevator bell dings ) ( elevator bell dings ) Oh Harm? Hey.
Um Ooh.
Good morning, Harm.
Sturgis.
Good morning.
This is, uh, Lieutenant Colonel MacKenzie.
Commander Turner.
He's our new, uh, Staff Judge Advocate.
Hi.
It's Mac.
Sturgis.
Harm, doesn't the colonel look an awful lot like Diane? Yes, Diane? Yes.
She knows.
She knows what happened, too.
Uh, nice to meet you.
Welcome aboard.
Well, thank you, Colonel.
I understand you took fire in Aceh.
Yeah, we did.
I have to, uh, see the admiral.
All right.
Um Stop by later.
Okay.
Okay.
Morning, Colonel.
Morning, Lieutenant.
Webb's file seems straightforward.
What's your problem with it? His motive for giving it to me, sir.
Webb never does anything that doesn't serve his own agenda.
Makes a damning case against Commander Stoechler.
Yes, sir, it does.
Admiral, I'm having a hard time believing that Rick Stoechler is a spy.
'Cause he was your friend? That, and there's something that Captain Reeves isn't telling us, sir.
I'm going to need time to figure out what that is.
Well, hell, I never knew anybody at NSG to be forthcoming about anything.
Admiral Danaco called me last night.
I don't like to get calls at home from Three Stars, Commander.
Admiral, the moment I have answers so will Admiral Danaco.
Thank you, Mr.
Dart.
Uh, anything State can do to help find Lylyana would be appreciated.
Thank you.
Lylyana? Yeah, a little girl from the consulate.
Uh, when the situation degraded, she helped us get to a school where we were evac'd safely.
Sounds like a brave little girl.
Yeah.
The rebels were shelling the school as we lifted off.
I don't know what happened to her.
I'm sorry.
( knocking on door ) Sorry to interrupt.
Harm, if you can make Norfolk by noon? I can do that.
Let me know if I can do anything.
( whispering ): Okay.
Uh, I got to go.
Yep.
CAPTAIN: The Jimmy Carter is a faster, better-armed nuclear-powered attack sub.
Her prime mission-- versatile, multimission functionality.
What's that, sir? Oh, strike, tactical, surveillance, special weapons.
She's our next generation of undersea warfare.
Have you run tests on her recently, Captain? Why do you ask that? It's classified, sir.
I'm not at liberty to say.
Is there something I should be aware of here, Commander? There's no evidence to suggest that at the moment, sir, no.
Well, that's not very comforting.
No, sir, but if I do find reason for concern, sir, you'll be the first to know.
Now, about the tests, Captain We did tonal signature tests two weeks ago.
Blade noise, generator slip rate.
Are these important, sir? Damn important.
They're the noises that we worry about.
They're the ones used to track our subs.
( elevator bell dings ) Hey, stranger.
Renee wh-when did you get back? Just about an hour ago.
Sorry I didn't call.
Just grabbed a flight this morning.
You okay? Can we talk? Yeah, sure, let's, uh, go to my office.
Well, actually, maybe somewhere more private? Try the courtroom.
Okay.
So what's on your mind? I'm engaged to Cyrus.
Wow.
( laughing ): Yeah.
Shocked me, too, when I told him yes.
Cyrus, the mortician.
Now, I-I really wish you wouldn't say it quite like that.
Well, it's, a pretty big surprise.
When did it happen? Well, um we were having dinner at his house Doesn't he live in the back of a funeral parlor? Yeah.
( chuckles ) But you get used to it Huh.
Really? I know, I know, this all just seems a little crazy.
I guess I guess my dad's dying I don't know.
It made me realize the things that I really want in my life.
You know, more than my job, and more than what I've had.
Cy's it for me.
He loves me, Harm, like I am the only living thing in his entire world.
Well, if that's, uh, what you want, then Yeah, it is.
And look, I I think we both know that you and I were never going down the aisle.
Well, it wasn't because of you.
Oh, I know that.
I'm a catch.
Colonel, there's a Captain Jarot on the line from Indonesia.
Oh, thank you, Harriet.
Captain Jarot? Colonel MacKenzie.
Delightful hearing your voice on my answering machine.
Do you know where Lylyana is, Captain? Sadly, no.
I made some inquiries with the local hospitals at the military authority but one child missing in a country of so many missing children But what about the girl's mother? Since the mother worked at your consulate, I suggest you contact your State Department.
I tried that, but the consulate is still closed.
You're my last hope.
I like the sound of that.
You will be in my debt.
Well, I'm fresh out of rings, Captain.
You insult me.
I'm sorry, I didn't mean to.
Um will you continue to look? I will do what I can, Colonel, but it may not be much.
( sighs ) ( dial tone drones ) Agent Holland just sent over the NCIS workup on Commander Stoechler.
He and his wife have joint accounts in a Virginia bank.
They live in Virginia, sir.
And he has another account under his own name in Maryland.
And there was a recent deposit of $150,000, and Agent Holland can't determine where it came from.
Admiral, I-I have to believe there's a reasonable explanation for that.
Commander, your friend's code was the last one used to gain entry.
Webb's source in Beijing names Commander Stoechler as the mole and now we have what looks like payoffs? Unless you can come up with the answers, he looks guilty as hell.
RABB: Did Rick have a relative anybody who might have given him this kind of money? No.
And if he did, he would have told me.
Michelle, I need to find out how that money got into his account.
Look, he wasn't selling information.
I didn't say that he was.
You were thinking it.
Look, Michelle, there are issues outside of this money.
What issues? I wish I could tell you but because of the sensitivity of this intelligence Or the lack of.
I'm on my way to pick up the suits that Daniel and Sam are going to wear to their father's funeral, and you come here with this.
Do you know how pathetic it is for you to blame Rick when he's not even here to defend himself? Michelle, I'm trying to clear his name.
Look, I don't know where the money came from.
If someone was selling information it wasn't Rick, and if someone said it was they are lying.
And if you don't Forget it.
( car door slamming ) ( engine starting ) RABB: It doesn't feel right.
Look, there was a leak in the intel unit but it wasn't Rick Stoechler.
Give me some help here, Clay.
I already did.
You didn't like it.
Your source is wrong.
And that's based on what? I know Rick Stoechler! Harm, there's one thing I've learned in my line of work: you never really know anybody even people you think are your friends.
The guy did it.
You keep after this, all you're going to do is embarrass him and his widow.
You don't want that, do you? I'm late for a dinner.
Look, help me find the shooter.
And then what? Ask who hired him? Yeah.
Harm, even if I could find him, he wouldn't know.
When you're hired to kill two people, you're not told who's asking for the hit.
There's no trail there.
I'm sorry.
( steady beeping ) ( gunshot ) Webb didn't say "when you're hired to kill three people" he said "two.
" Simple misstatement, sir? Not coming from Webb.
Let's, uh, run it again from where the shooter turns to Pagano.
( clicks keyboard ) What happened? Gunny, you sure you know how to do this? Uh, well, I've done some editing on my computer, sir, and this isn't entirely different.
( sighs ) ( clicks keyboard ) There.
( steady beeping, gunshot ) Uh-uh, tighten up on the shooter.
Zoom in on the weapon.
( gunshot ) Look.
The cylinder didn't turn in the revolver.
Tape's been altered.
The source of this tape was NSG, sir.
Can't be trusted.
Can we get the original tape? Captain Reeves owns it, sir.
All right.
Well, he doesn't own the crime lab.
Let's get the ballistics report from them.
Aye, aye, sir.
He didn't fire the weapon from there.
PAGANO: I can't talk to you, sir, unless Captain Reeves is present.
Oh, I don't think you want Captain Reeves to hear what I have to say, Commander.
Why is that, sir? Your unit covered naval messages originating out of Asia, didn't they? You know that, sir.
Any of those messages have to do with the Jimmy Carter, Commander? That's classified, sir.
Let's talk about Beijing.
You make any friends while you were in China? Friends you sold secrets to? Where are you getting this, sir? The original ballistics report from the crime lab says that you had soot in your wounds.
Soot indicates point-blank shot fired from less than eight inches.
You weren't shot from across the room, were you, Commander? But the ballistics report and the security tape were altered to support your story, weren't they? Now, you are going to tell me why.
I think I need a lawyer, sir.
Yes, you do.
ROBERTS: Oh, sir, I've been meaning to talk to you about Lieutenant Commander Jay Pagano.
He's my client now, sir, and I'd appreciate it if you'd refrain from any further contact with my client unless I was present.
Believe me, Lieutenant, next time I see your client, I fully plan on you being present.
Tiner, I need to see the admiral.
Yes, sir.
Admiral, Commander Rabb would like to see you, sir.
CHEGWIDDEN ( over intercom ): I'd like to see him, too.
Sir.
Captain Reeves called.
He was not in a friendly mood.
He believes that you're going after Commander Pagano to move the investigation off your friend.
I'm just following the evidence, sir.
Commander Pagano lied about how he was shot.
Ballistics report does not support his story, sir.
It looks as though the report, and the security tape have both been altered, sir.
By whom? Yet to be determined, Admiral.
So, a murder, espionage, and now a cover-up.
You plan on proving any of this, Commander? Yes I do, sir, with an Article 32 hearing.
I'll start by charging Commander Pagano with making a false official statement.
And that's a major fishing expedition.
It's a legal one, Admiral.
All I need now is a convening authority, sir.
I don't know yet how, or if, Captain Reeves is involved, sir, so we'll need to go over him.
Do you know what the hell you're asking? Yes I do, sir.
( sighs ) Tiner, get me Admiral Danaco.
I know it's late, just find him.
TINER ( over intercom ): Aye, aye, sir.
Well, it's going to have to be a Grunden.
Closed secured, all parties cleared.
I'll have navy technicians secure the court with jamming devices.
TINER ( over intercom ): Sir, Admiral Danaco on four.
This better be damn good, Commander.
( monitor trilling ) ( steady beeping ) ( beeping ) ( electric feedback ) Commander Rabb, start us off.
Your Honor, before we begin, the court should know that my client is willing to waive this Article 32 and plead guilty to the charge of making a false official statement.
Your Honor, while the government appreciates the accused's attempt to streamline these proceedings, sir, we have both a right and the desire to see where this evidence leads us.
Then my client, who is still convalescing, requests that these proceedings be postponed until he is fully recovered, sir.
Unless a certification of Commander Pagano's treating navy physician is presented today, Lieutenant, we're having this hearing.
Do you have one? No, sir.
Then sit down.
( distant, indistinct conversations ) Who are you? Clayton Webb, sir.
Here to monitor the proceedings.
I'm read-in for this program.
Very well.
Be seated, Mr.
Webb.
The government calls Captain Perry Reeves.
Objection, Your Honor.
Captain Reeves was not present at the incident in question.
He has no relevance to this charge.
Goes to motive for Lieutenant Commander Pagano giving a false statement about the murders, sir.
ROBERTS: Your Honor, since the government didn't accept our offer to accept the plea, shouldn't the burden be that they first have to establish factually that there was a false statement given before they move on to matters of motive? No, it's his case.
He can present it anyway he wants.
RABB: Captain Reeves, what is the SSN-23? The Jimmy Carter, our special operations sub.
Captain, did Commander Rick Stoechler ever send you reports concerning the Jimmy Carter? You don't know what you're doing, Commander.
Your Honor, the government believes that any reports sent to Captain Reeves concerning the Jimmy Carter are vital to our understanding why the accused lied in his st Objection! It's not been proven that my client lied about anything.
I'll understand the term "lie" to include "allegedly.
" Your Honor, I would request that you order the Naval Security Group to release these reports for our inspection, sir.
Objection! Sir, it's obvious that Commander Rabb is using these proceedings as a means to cast a wide net to see what he can pull in.
He's allowed to do that.
One of intents of this hearing is to facilitate broad fact-finding.
Therefore, objection overruled.
I'll order access to documents generated one month prior to the incident.
Thank you, sir.
That'll be all.
CHEGWIDDEN: Your CO on the Guadalcanal was impressed with your actions in Aceh.
He recommended you for a personal award and asked for special rapid handling and he got it.
A Meritorious Service Medal, sir? Admiral, I left a little girl behind who may have been killed because she was helping me.
Could have ordered the helo to wait so I could get to her.
I didn't even consider going back.
Your actions helped save the lives of 22 people.
You were a damn fine marine officer out there.
I wasn't a damn fine human being, sir.
When you're under fire, you don't have the luxury of both.
Does the feeling that you've done something terrible ever go away? No.
Counsel, please approach.
Is this the only report on the Jimmy Carter that went to Captain Reeves in the last month? Yes.
It was hand-carried by Commander Stoechler to Captain Reeves directly.
It's dated the day of the murders.
What am I looking at here? GILBERT: An American reconnaissance aircraft had intercepted a message between two admirals in the Chinese navy.
What was it about? An American naval officer had sold the Chinese a copy of the tonal signature tests on the Jimmy Carter.
The intercepted message included what appeared to be those tonal signatures.
Commander, if I allow this in, what do you intend to argue? Sir, I believe that Commander Stoechler knew that the naval officer who sold the tonal signatures to the Chinese was in his own unit.
That's why he hand-delivered this intelligence to Captain Reeves-- to keep it confidential.
Why were our cryptanalysts killed, and who killed them? The same naval officer who sold the tonal signatures to the Chinese, sir, must have also intercepted the air recon message and informed the Chinese.
And what does that lead you to conclude? Sir, the Chinese could not have known that Captain Reeves was alerted, so they sent an assassin that very day in hope that this new intel would die in the room with the murdered cryptanalysts.
And yet, Commander Pagano survives.
Sir, soul survivor of this intel unit would be the Chinese mole.
The Chinese tried to kill Commander Pagano.
Well, they had to make it look good, Lieutenant.
He'd be an obvious suspect.
But if they let him survive, sir, kept their mole in place, he'd be invaluable to them.
That's a serious accusation, Commander.
Which you've presented no evidence of, sir.
I haven't finished presenting my case, Lieutenant.
( phone ringing ) Lieutenant Colonel MacKenzie.
JAROT: Good evening, Colonel.
Captain Jarot, have you found her? There's a hospital south of the city.
They tell me they have a little girl suffering a concussion.
What makes you think she's Lylyana? When they brought her in, she had an interesting artifact with her.
I believe you call it, uh, an eagle, globe, and anchor emblem.
I gave her mine.
Um, I was offered some leave, I'm going to take it.
I'll be on the first plane out.
I love how impulsive Americans are.
I'll be delighted to pick you up at the airport.
I'll call you when I know what time my plane lands.
RABB: Captain, you are an expert on submarine tonal signatures is that correct? Yes.
I am Director of Special Operations and a signature analyst.
Is hard to track a submarine, Captain? Especially ours.
We build them to run silent, and they do.
Of course at some point you have to move, that means the screws.
At some point you need electricity, that means you have to run the generator.
All of that makes noise and each sub has it's own, significant signature pattern.
Captain, is it easy to identify noises coming from a submarine? Mm, very difficult.
You have to use a computer to separate the sound patterns.
Then, of course, you have to have the skills to know what you are looking at.
All right, Captain, if you had a submarine's tonal signature, would it be easy to identify and track that sub? It'd be like she was wearing a beacon.
Captain, I have here a message that was intercepted by one of our reconnaissance aircraft.
Would you please flip to the page with the numbers and tell us what it says, sir? At the top: "U.
S.
SSN-23.
" That's the Jimmy Carter's hull number.
These rows of numbers are acoustic frequencies represented mathematically.
Captain, are you familiar enough with the mathematical representation of the Jimmy Carter's tonal signatures to identify them here? I am.
I headed the testing team.
Are these the tonal signatures from the Jimmy Carter, sir? No.
Absolutely not.
Are you sure, Captain? Yes.
If anyone is trying to track the Jimmy Carter using these numbers, then somebody's doing a hell of a job giving them misinformation.
I wouldn't missIE: the opportunity picking me up, Captain.
to spend time with such a fascinating woman.
I'm not that fascinating.
Oh, yes, you are.
You just traveled halfway around the globe to visit some girl you hardly know.
You gave me an expensive ring to bail out a man you never met.
I'm still interested in that story.
You're not going to hear it.
Was the ring from a man you did not love? You never give up, do you? A good investigator continues to ask questions until he gets answers.
There must be someone else you care about.
For some reason you are not with this other man.
Is he a fool? We, uh, just can't seem to work it out.
Love is the same everywhere-- America, Aceh-- always impossible.
I hope not.
An optimist.
Which would explain why you have faith that this little girl is the Lylyana you are searching for.
It has to be her.
May I ask why is she so special? Because she depended on me and I failed her.
Adults fail children all the time.
It's sad but not tragic.
It merely forces them to grow up.
No, Captain, it crushes something inside them forever.
I didn't want to do that to Lylyana.
RABB: All the information I've gotten, Bud, has been corrupted.
I want to know what they're covering.
I understand that, sir, but Captain Reeves requested that I let him know if we spoke to Commander Pagano outside the courtroom.
You're required to have him present, not me.
I only want to talk to him for a couple of minutes.
It's not going to take long.
( door opens ) Now is not the time, Commander.
Apparently.
Let's go, Lieutenant.
Sir, what about your questions? RABB: They've been answered.
She's right there.
( baby crying ) Am I dreaming? You flew away.
I flew back.
My head hurts.
I bet it does.
I wanted you to have your picture.
I'm sorry I didn't go back for it or for you.
You could get it now.
It's in the drawer.
The men who found me wanted to leave it.
I wouldn't let them.
It got messed up.
It's perfect.
I have something for you, too.
Wonderful.
I love gifts.
A medal? What's it for? It's for people who do brave things like you did when you took us to your school.
It honors you for your exceptionally meritorious conduct and your valor.
I have valor.
Yes, you do.
What is valor? It means that you're strong, and that you have spirit and bravery.
I'm like you.
You have much more valor than I did when I was your age.
When did you put me on your witness list? This morning.
Why? You know why.
I'm not getting on that stand, Harm.
Why not? I'm just an observer in this proceeding, sir.
Mr.
Webb, do you have material testimony to offer us in this matter? I believe he does, Your Honor.
We don't usually issue subpoenas in Article 32 hearings, Mr.
Webb, but if I have to bend the rules to get you up there, I'm not against that.
What is your position with the CIA, Mr.
Webb? Deputy director of counter-intelligence.
What does that term Counter-intelligence mean, exactly? It's a broad term.
It has a myriad of meanings.
Including running programs designed to deceive an enemy? Yes.
Welcome, Admiral Danaco.
Thank you, Admiral Morris.
Carry on.
Your Honor, let the record reflect that the convening authority in this matter, Admiral Danaco, has just entered the courtroom.
Mr.
Webb, part of this job would be to feed misinformation to an enemy, is that correct? Yes.
Now, is the best way to do that to have someone they trust feed them this misinformation? A double agent? A mole in a key position? Rabb Was Lieutenant Commander Pagano that mole, Mr.
Webb? Yes.
Did he know? He was unaware that we were using him to feed false information to the Chinese until yesterday when you blew this open.
By "we," are you referring to yourself and Captain Reeves? It was my operation, but I was handling him with the full knowledge of Captain Reeves.
Attention on deck! As you were.
Admiral Danaco for you, sir.
Thank you, Petty Officer.
Aye, sir.
Admiral Danaco? MORRIS: Commander Pagano alerted the Chinese that we knew they had our sub information.
When did you learn of this? He confessed it last night.
He also told me he had no idea that the Chinese were going to kill Commander Stoechler and Senior Chief Trujillo.
What did he think the Chinese would do, let the information get out? He was instructed by his Chinese handlers to destroy all evidence of the intercept which he thought he'd done.
He didn't consider that the Chinese might want anybody with direct knowledge secured as well.
Continue.
Did Commander Pagano lie about the events the night of the murder to cover the fact that he was the one leaking information to the Chinese? He did.
Did you alter the security tape to support his false testimony? Yes.
And the ballistics report.
I'd received a higher authority to give you that misinformation, to do what needed to be done.
Such as what, Mr.
Webb? Such as removing a subsequent entry from the cypherlock so that Rick Stoechler's code would be the last recorded entry.
You wanted to frame Commander Stoechler.
Yes.
You also deposited $150,000 in a bank account in Commander Stoechler's name, didn't you? Money which his wife can now keep.
I was trying to save my operation, Commander, which I did.
We turned Pagano last night.
Well, you've been busy Mr.
Webb.
The Jimmy Carter is vital to our national interest.
We'll do whatever it takes to protect her.
Including sacrificing the lives of two of our cryptanalysts? Absolutely not.
If we'd know the Chinese were coming, we'd have stopped them.
Why should we believe you? I'm under oath, Commander.
Did Commander Rick Stoechler ever leak information, Mr.
Webb? He did not.
He was an exemplary officer in every respect.
Yes, he was.
I have no further questions of you, Director Webb.
Your Honor, the Government will be amending its charge sheet against Lieutenant Commander Pagano to include espionage, attempted espionage and two counts of murder.
Your witness, Lieutenant.
I'll need some more time, Your Honor, to confer with my client to prepare for these new charges.
I imagine you do.
Lieutenant Commander Pagano, I'm recommending you be placed in pretrial confinement until this matter is resolved.
This hearing is concluded.
( gavel bangs ) You won't get him, Harm.
I already have, Webb.
Admiral Danaco doesn't believe that the prosecution of the lieutenant commander serves the best interest of the navy.
Admiral, is it in the best interest of the navy to smear the good name of an honorable man, sir, to bury the truth with two of its dead? This information is classified, Commander.
No one outside this proceeding will ever hear it.
Sir, you and I both know that it will leak eventually.
It's not my call.
Admiral, I want this one.
You can't have it.
You got what you wanted; you cleared your friend.
I was about Daniel's age when I lost my father.
I remember how devastating it was to my mother not to know the truth, and what that did to me.
I'm sorry, Michelle, I really wish I could tell you what happened.
I know you can't.
Rick didn't do anything wrong.
And if you ever hear even a whisper that he did, I'm promising you now that that is a lie.
You have no doubts? I know what happened to Rick's unit.
I know why he was killed.
And what will I tell the boys? RABB: One day, when the time is right, Rick will be acknowledged for the hero that he was-- the navy's Distinguished Service Medal.
Admiral Danaco has given me his word.
But in the meantime, tell them they can be proud of their father, that he died honorably in the service of his country.