JAG s07e20 Episode Script
Port Chicago
The bombs and ammunition our fighting men need.
It's tough going but these sailors know they're doing their part to beat back the Japanese in the Pacific.
Port Chicago-- gateway to victory.
( soft groan ) Whoa.
My back is killing me.
Loading those bombs-- be grateful it's just your back.
Are you sure you told them girls and her friend 9:00? How many times I got to tell you? Hey, how many tons you figure we loaded on our shift today? About 250, including that 500-pounder Johnson dropped on the deck.
They got us working too fast.
Yeah, but if we fill the Lieutenant's tonnage quota then we get Saturday liberty.
( screaming ) Oh, my God.
That was our ship.
SINGER: Admiral, may I have a minute? CHEGWIDDEN: Sure.
Sir, with Lieutenant Roberts detached I imagine you'll be spreading the workload around.
I was hoping for my share of big cases.
No small cases, only small lawyers, Lieutenant.
Yes, sir.
Just saying please keep me in mind.
You're often on my mind, Lieutenant.
Yes, sir.
Sir, one more thing? In Lieutenant Roberts' absence I'd like to request that I move into his office.
I'll think about it.
Yes, sir.
Thank you, sir.
Admiral, you have a visitor.
Thank you, Tyner.
Chaplain Turner.
Admiral, I hope you don't mind my resting these old bones.
They've been hibernating all winter.
Not at all.
Good to see you.
To what do I owe this pleasure? Well I got a call this morning from an old friend who may need some legal advice.
You're familiar with a World War II disaster at Port Chicago? As a matter of fact, I am.
at a Navy base near Oakland.
Killed 320 men.
Yes, most of the seamen African Americans.
Well, afterwards, some of the sailors refused to go back to work.
Said it was unsafe.
Navy convicted 50 of mutiny.
Well, one of the men-- a sailor that I knew at Great Lakes back in, uh, '48, Aubrey McBride-- has petitioned for a new day in court.
Just got word of it this morning.
( knocking ) Enter.
Sorry, sir.
Tyner stepped away.
Dad.
Sturgis, came by your office looking for you.
You were out.
I was hoping you'd join us.
Have a seat, Commander.
Your father and I were just discussing Port Chicago.
One of the convicted men-- an old sailor friend of your father's-- requested a new court-martial.
I thought the Port Chicago 50 were all discharged from the Navy.
Oh, but McBride petitioned to stay in.
Did his 30 years, made chief and retired with benefits.
I'll be honest, A.
J.
I'm not sure a new court-martial is a good idea.
Chief McBride has a tendency to push too hard sometimes.
You want somebody to talk to him? I'd appreciate it.
I just want to make sure he doesn't shoot himself in the foot.
I'll see to it.
Thank you, Admiral.
We still on for dinner Sunday? If you're not cooking.
We'll go to the "O" Club.
I'll be in touch, A.
J.
McBride retires at full benefits.
Why's he going after the Navy now, sir? Well, that's what you're going to find out.
This my dad's idea, sir? My idea.
Commander Rabb and Colonel McKenzie busy, sir? This is a sensitive matter.
The Navy would like to have it settled and I need a level head.
Yes, sir.
That will be all.
Let me help you with that, ma'am.
Thank you, Tyner.
Is this your lunch, Lieutenant? No, it's a chicken, three shrimp stir-fry two pounds of raw chuck, and a rump roast.
Interested? I've had a complete breakfast, ma'am.
Would you stow these in the freezer for me? No problem, Lieutenant.
Thank you.
Morning, sir.
My refrigerator's broken again, sir.
Oh, call your landlord.
Oh, he's U.
A.
And the repairman can't come for three days.
Bud used to take care of this stuff for me.
You know, I'm not doing anything tonight.
I'll pop by.
That'd be great, sir.
Have you ever fixed a refrigerator before? How hard can it be? It's a closed system.
The compressors are sealed.
When did you become an expert on refrigerators? I'm not.
I've just learned to steer clear of home repairs when my freezer's on the blink.
When was the last time you fixed anything? Well, my 'Vette's working pretty good.
It'll be all right.
I wish I could believe that, sir.
Not about the refrigerator but about everything.
My apartment's too small, it's noisy the traffic is terrible.
If A.
J.
gets sick, I'm an hour away.
It's just going to take some getting used to-- Bud being gone.
If you need anything, just ask, all right? Help me buy a new house, sir? The Jag send you, or your father? I'm here on official business, sir.
Your dad tells me you're good, Commander.
He's biased, Chief.
A Jag lawyer and a submariner.
Navy sure has changed a lot, sir.
Yes, it has which is actually the reason I'm here.
The Navy wants me to keep my trap shut? I'm just here to listen, Chief but I do have to ask what good you think can come from reopening this case.
You sure you're Chaplain Turner's son, Commander? I'm not going to lie to you, Chief the Navy would like to see if this matter can be resolved without going to court-martial.
My buddy Randall Winston and I enlisted in the Navy at 16 after Pearl Harbor.
We read some newspaper stories about Dori Miller-- a black mess attendant who manned a gun and shot down a bunch of Japanese planes.
When we got our orders to Port Chicago Randall says, "See "all they figure a black man can do is guard the White Sox dugout.
" And I said, "No, Randall "we're going to Port Chicago, California.
They sending us to fight in the Pacific.
" Turns out Randall was right.
You boys hear what Sixth Division loaded yesterday? You boys load 165 by 1500, you get liberty.
If not, you don't.
While I was at Port Chicago I learned Dori Miller was lost at sea.
I saw a newsreel of Jesse Owens running against a horse and I knew they weren't going to let us fight.
I appreciate your anger You can't appreciate a damn thing, Commander.
You're so accepted by the system, you've become it.
A mouthpiece for the Secretary of the Navy.
Excuse me but I speak for all of the Navy and my country and I'm not sure dredging up this divisive incident from the past serves either interest, especially now when we should all be pulling together.
( chuckles ) Well, you've got some vinegar after all.
Could've used you in '44.
Oh, those munitions ships were a powder keg.
To go back to work under the same conditions was suicide.
( loud bang ) Ow.
Is everything okay, sir? Yeah, yeah, it's coming pretty good.
Are you done, sir? It just needs a little fine-tuning.
Do you have any duct tape? Ow.
Uh, I don't know.
Let me ask Bud.
It's in a shoe box in the closet.
He says we have some in the closet.
Oh.
See why we need a bigger place? Plus, Bud and I are thinking about having another child.
Really? That's great, Harriet.
Difficult though with Bud gone for six months at a time.
Yeah.
E-mail only goes so far.
Maybe I could start looking.
Good morning, Lieutenant.
Good morning.
I just don't think We'll talk more about it later.
Don't work too hard, sweetie.
Anything I can do for you, sir? No, thank you, sweetie.
Uh Peetie Petty Officer.
Thank you.
Don't worry, sweetie.
My Legalman is great.
E-mail home, sir? Uh, yeah.
How are things? Bud's doing great, sir.
Sir, do you know anything about buying a house? ( chuckles ) Not unless I get married.
Unless or until, sir? How's the fridge doing, sir? Duct tape didn't work.
You'll think of something, sir.
Yeah.
McBRIDE: So, Commander SECNAV wants to know why an old man's causing so much trouble after all these years? He's not alone.
At my age, sir Alone gets to be a way of life.
More so every day.
Randall Winston and I were there that night.
We saw the fireball.
Heard the screams.
He was one of the 50 convicted of mutiny.
I recognize the name.
He told me, one day he was going to set the record straight.
And I told him I'd have his back when he did.
You want to know why I'm doing this, Commander? I've got a promise to keep.
CHEGWIDDEN: He really wants to go to court-martial.
Yes, he does, sir.
And I'd like to represent him.
He asked you? I volunteered, sir.
He's waiving his rights, statute of limitations, double jeopardy.
What part of "the Navy wants to settle this" didn't you understand? I believe the man has a case, sir.
Based on one conversation? Based on history, sir.
I did ask for a level head here.
Well, if we're not looking at a settlement and this has to go to court-martial can I count on you? Yes, sir.
RABB: Harriet.
Uh, I'm just on break, sir.
Did you hear from the appliance store yet? Oh, I picked up a part on the way in.
Life would be a whole lot easier if I lived closer to work.
Nice place.
It's a little pricey.
MacKENZIE: What's a little pricey? Take a look.
Wow.
You and Bud thinking about Just daydreaming, ma'am.
Nice dream.
Sir, thank you very much for your help.
Yeah, sure.
You and Bud planning on buying a house.
Not just yet.
I'd hate to worry about mortgage payments with my husband at sea.
Lieutenant Singer, walk with me, please.
Yes, sir.
I have an assignment for you.
Thank you, sir.
I'd like for you to prosecute the McBride case.
Isn't he the old man being court-martialed, sir? Do you have an issue with prosecuting an "old man," Lieutenant? No, sir.
No issue.
Look, I realize this may not be the most appealing case I have no problem, sir.
The man defied an order and engaged in mutinous acts no matter what the justification.
And I'm going to nail his butt to the yardarm.
Well, that'll be all.
Sir about Roberts' office? Right.
I'll have Lieutenant Sims remove his personal effects.
The office is yours for now Lieutenant.
Thank you, sir.
STURGIS: Look here, Chief I just want to go over some of these facts with you.
No problem, Commander.
You know, your dad called me.
Said to make sure you gave me a good rate.
I promise I'm worth every penny.
( chuckles ) How'd you and my dad meet, anyway? Oh, the Chaplain used to eat with us in the mess at Great Lakes.
Negro officers weren't allowed in the "O" club back then, Commander.
I knew that.
I just forget.
My dad doesn't talk much about those things.
Well, I'm sure there are lots of things he didn't talk much about.
About this mutiny charge.
Oh, I never could understand that, Commander.
We just said we wasn't going back to work.
That's our defense, Chief.
This mutiny charge doesn't hold up.
You never had the required intent to usurp or override lawful military authority.
Do you know what Thurgood Marshall said, Commander? Sir? He said, "I can't understand "why whenever more than one Negro disobeys an order it's mutiny.
" He was right-- I'd have charged you with disobeying orders.
Hey, whose side are you on? ( chuckles softly ) You sure you wouldn't rather do this at your house? Sold my house, Commander.
Live in an apartment upstairs now.
I've had some financial setbacks.
There's more company here, anyway.
SINGER: Great news, sir.
What's that, Lieutenant? I just located a witness-- an officer who was at Port Chicago who can testify that McBride led the conspiracy to refuse orders.
Well, congratulations.
The old man's toast, sir.
Excuse me, Lieutenant.
Colonel, a minute, please? Problem, sir? Singer.
You're talking about the McBride case, Admiral? Help me out here, Colonel.
I think she's gone off the deep end.
Do you want me to take over? I want you to sit second chair.
I'd prefer the electric chair, sir.
I realize that, Colonel, but I need someone to keep an eye on her.
Uh ( sighs ) Sir, if I may, um I never thought Lieutenant Singer was the right person for this job.
This case requires a light touch.
You may be right, Colonel, and that's why I need you.
Understood, sir.
And, as you can see, spacious but cozy and, with these ceilings, very light.
Why don't you have a cookie? No, thanks.
Cookie, Commander? Uh, no, thank you.
Excuse me.
Oh.
Let me show you the porch.
Your husband's quite a hunk.
Yes, he is but he's not my husband.
Really? You seem like the perfect couple.
You think so? My husband's overseas and Commander Rabb's just helping me while he's away.
How do you like the house? It's, uh, very nice.
( cell phone rings ) Oh.
Excuse me.
Harriet, this is, uh, none of my business No, sir, I asked for your help.
Can you and Bud really afford this place? I think we can swing it, sir.
Bud doesn't mind going out on a limb? There are some things that we still need to talk about.
Well, any incisions? I think we're interested.
Great.
Uh, listen, I'm not one to pressure but I've gotten calls from other Realtors who have clients ready to make an offer and I don't want you to miss an opportunity here.
What do we need to do? CHEGWIDDEN: Chief, thank you for coming in today.
As you know, the SECNAV has taken a keen interest in this case.
He has authorized this office to make you an offer he hopes will bring this matter to a resolution.
Well, Admiral, you convened this tea party.
Lieutenant Singer? Chief McBride SECNAV's prepared to issue a public apology to you and the 49 other men who were convicted of mutiny.
It will acknowledge that racial prejudice influenced work assignments at the base and that conditions were hazardous and discriminatory.
Well, I don't hear anything about overturning convictions, ma'am.
No, but SECNAV has entered into discussions with the White House regarding a blanket presidential pardon for all 50 men.
SECNAV's also informed us that he's submitting proposed legislation for an act of Congress granting exoneration.
I'm sorry, but I can't accept.
No apologies, no pardons and no deals.
MacKENZIE: Chief McBride a pardon and an act of Congress would mean full recognition of this injustice.
My buddy Randall Winston used to say "After what's happened, pardons don't cut it.
" Randall deserved a military funeral.
He just got put in a hole in the ground.
And I want my day in court.
Well, then, Chief, I think it's my responsibility to inform you that I intend to proffer additional charges of insubordination and disobeying orders.
MacKENZIE: We haven't discussed recommending any additional charges.
I'm lead counsel-- I'm leading this discussion, Colonel.
Sir, the original charge was mutiny.
New trial, new charges.
STURGIS: Admiral, surely the Lieutenant doesn't intend to widen the scope of these proceedings.
As lead counsel, she is within her rights and I will not interfere.
Thank you, sir.
Sir, I I'd like a word with my client.
That's an excellent idea.
CHEGWIDDEN: Colonel, Lieutenant.
What are you doing, Lieutenant? My job, ma'am.
You endorse this, Admiral? I don't engage in undue command influence, Colonel.
What did I do wrong, ma'am? Our job is to uphold the original conviction, not freelance new charges.
I am not interested in some musty mutiny charge, ma'am.
This man refused an order.
Race may have played a role in his conviction 60 years ago but I am not about to let it play a role again.
I plan to walk into a color-blind court and present the facts as they were in 1944.
Orders were given, and orders were disobeyed.
Be very careful, Lieutenant-- you're playing with fire.
No, sir.
With all due respect, I'm playing to win.
McBRIDE: I thought you were liking our chances, Commander Turner.
Chief, I was confident we could overturn the mutiny convictions but with these new charges, it's, uh, 50-50 at best.
Not very good odds, Commander.
And even worse when you consider if we lose, you might be punitively discharged and lose your veterans' benefits-- your pension, health, everything.
You've told me already, your financial situation has looked better.
wouldn't let me fight.
I'll be damned if they're going to buy me off now.
There's a simple solution here, Commander.
You've got to win.
SINGER: Captain Shaw you teach class at Annapolis on World War II Naval history.
Is that right? That is correct.
And you're familiar with the munitions explosion at Port Chicago in 1944? I've worked extensively on the legal history here at the Naval Historical Center in Washington.
Can you tell us what happened, sir? No, and no one can.
Any evidence was obliterated by the blast.
What about the Court of Inquiry findings? The most likely contributing factor was rough handling of the ammunition by the seamen.
SINGER: And the rumors of unsafe conditions? Remain just that-- verbal accounts but there is no definitive proof.
Do you believe that the sailors who refused to return to work were disobeying orders, Captain? Yes, I do.
And do you believe that, based on evidence, that this was a case of mutiny? I think it meets the standard.
SINGER: Thank you, sir.
Captain, the accused didn't try to take over a ship or seize power, yet you consider this mutiny? Well, there was evidence of a conspiracy at the time.
Marine guards observed a meeting at the temporary brig where the men were held.
Huh.
They observed.
I see.
You also refer to verbal accounts of unsafe conditions but no concrete proof.
Are you aware that the Court Director delivered a warning to the Navy months before the incident? "Conditions are bad up there.
"If you're not careful, something's going to happen and you'll be held responsible for it.
" That is in the court record.
It's one man's opinion, Commander.
Well, isn't it true that the majority of the mutineers including Mr.
McBride, were willing to return as soon as safety concerns were addressed? That is what they said.
By strict definition, sir, is that refusal to obey an order? Not when you put it like that, no.
Thank you, Captain.
Hey-hey, haven't seen you with this much head of steam since the Jagathon.
Don't ask.
Team Singer not going well? I can't stand it, Harm.
Take it easy.
I'm trying but it's hard to sit and watch while Singer presides over a train wreck in the courtroom.
Sir, about that house that we saw the other day? Yeah? I think I've figured out way we can swing it.
Really? I've asked my dad for a loan.
And Bud's okay with that? He will be okay with it, sir when he sees how perfect the house is.
Oh, he'll just forget all about the male-ego thing of wanting to make it on his own, look after his family? I'll make him forget about it, sir.
( chuckles ) Bad idea.
I know, sir but I also know that I really want to try and buy this house and I need someone who knows the law who knows what he's doing Bud gave me general power of attorney.
It doesn't feel right, Harriet.
What if I make a terrible mistake, sir? How will you feel about it then? Wow.
You been hanging out with Lieutenant Singer? Sir, it's just because I really, really want this.
( sighs ) All right, Harriet.
I'm going to help you but on one condition-- that you tell Bud.
Yes, sir.
I promise, sir.
Thank you, sir.
All right.
STURGIS: So how's your book coming? I start out writing the memoirs of a Navy chaplain find myself penning a history of the service.
Where's that girlfriend of yours? She's on the campaign trail, and we're just friends, Dad.
Don't wait too long, son.
Thanks for showing up in court to support Chief McBride.
He's not the only one I was supporting.
The Chief told me how you two met.
I'd forgotten you were excluded from the "O" Club even after the war.
Mm-hmm.
You and I have never really talked about back then, Dad.
That's because it was back then.
What else don't I know? Well, times were different.
We had to swallow our pride.
In '48, they sent me to Great Lakes.
First day, instead of putting me in the Chaplain's Office they put me in the steward's barracks.
"Negro chaplains are for Negro sailors," an officer told me.
Great Lakes is where you met Mom, though, huh? Yeah.
She said, "If I marry you "tell me I won't be boxing up CARE packages to send to the Indian Ocean.
" I told her, "Black sailors don't go to sea.
" Next thing you know, you're on a ship in the Med.
( chuckling ) When I got back, my first assignment was Pendleton.
I remember a Marine Colonel wrote in my Fitrep "He's a remarkable preacher.
What's more, he's a Negro.
" S-So hard to hear.
Your generation's been through things my generation's only read about, Dad.
Things have changed, Sturgis.
You've got a tough case.
A man defied orders.
Looking at the facts, color-blind, and out of that context could be that all a court-martial sees is a guilty man.
MacKENZIE: Mr.
Platt, you oversaw the loading of ammunitions at Port Chicago? Yes, I was a Lieutenant in the 4th Division-- Seaman McBride's unit.
What happened on the day of August 9, 1944? Well, that was about three weeks after the explosion.
Uh, we were reassigned to loading ammo at Mare Island.
I, um, marched the men down to the water.
Was Seaman McBride there? Yes, McBride was calling cadence.
We came to the juncture in the road.
On the right was the parade ground.
On the left was the ferry, which was waiting to take us to the ammunition loading pier.
What happened then? McBRIDE: Forward march.
Left, left, left, right, left.
Left, left, left, right, left.
Column left.
I said, "Column left.
" Are you men hard of hearing? I said, "Forward march.
Column left.
" Seaman McBride, front and center.
Yes, sir.
You got a problem, seaman? I'm not loading ammunition, sir.
You care to tell me why? I'm afraid, sir.
It's not safe.
If McBride's not going, I'm going either, sir.
I'm afraid, too, Lieutenant.
MacKENZIE: Were you afraid, Mr.
Platt? A lot of officers and friends died.
I'd be lying if I said I wasn't.
Yet, you chose to go back.
Well, I That is we we had a job to do.
There were There was a war going on and, uh, men were dying on islands all over the Pacific, thousands of them.
Did you consider that the conditions loading ammunitions, were unsafe? Well, when you're talking about explosives there's a risk.
There were many more-hazardous assignments in the Navy in '44.
Thank you, Mr.
Platt.
Mr.
Platt, on what basis did you calculate your risk assessment? Assurances by my superiors.
Who told you there were no fuses in those bombs.
That's right.
That wasn't true of all ordnance? Well, there were exceptions-- incendiary bombs, some mines.
Generally, they received special handling.
"Generally"? The pace was so frenetic, it was hard to control everything.
Why a frenetic pace with explosives, sir? We were trying to load those ships as fast as possible.
Were you aware that there was betting among the officers to see whose men could load the most tons in the shortest time? Objection.
Relevance? STURGIS: I'm getting there, Your Honor.
I'll allow it.
Mr.
Platt? There was betting.
That's true.
It was in the spirit of competition.
Weren't you concerned that this competition might sacrifice safety for speed, sir? PLATT: It didn't occur to me at the time.
Isn't it true that a Coast Guard detail was withdrawn from the port due to what they deemed "unsafe conditions"? Yes, that happened.
We know that the seamen were accused of rough handling after the blast.
Were the men given any new training or instruction? Not that I know of, no.
Were any changes implemented after the explosion, Mr.
Platt? The men were issued gloves.
STURGIS: Thank you, Mr.
Platt.
Redirect, Your Honor.
Go ahead, Lieutenant.
If competition resulted in getting munitions to our fighting men faster wouldn't you say competition was a healthy thing? Healthy for the war effort, yes but, in retrospect, it wasn't healthy for the 320 men, both black and white who died at Port Chicago.
MacKENZIE: Good lesson this morning, Lieutenant.
Never ask a question unless you know the answer.
I knew the answer, ma'am.
I just didn't expect our witness to turn into such a wimp.
Lieutenant, the request you sent to the Naval Historical Center.
You got something, Ma'am.
What is it, Lieutenant? Just drew a new card, Ma'am.
Mr.
Gant you were a non-commissioned officer at Port Chicago? Assigned to the 4th Division.
Did you have any dealings with Seaman McBride? GANT: A month before the blast, I received a petition signed by him and several of the other men.
I forwarded it to the Base C.
O.
Your Honor, this is a copy of that petition.
The Naval Historical Center found it in a search yesterday.
Mr.
Gant, please read the highlighted portions for us.
"The undersigned do hereby protest conditions "at Port Chicago.
"We ask the Navy to review unfair labor practices "and the unjust treatment of Negro seamen.
"To quote Mr.
Roosevelt "'We, the Negro sailors of Port Chicago are waiting for a New Deal.
'" Thank you.
Was this the only time that Seaman McBride expressed his dissatisfaction to you? He griped to me after the blast.
I was guarding him and the other men in the brig.
You may be on that side, boss but we're all on the same side.
How do you figure that, Seaman? The Navy's racist.
They look at you and me as mules for hauling.
The world's not perfect, sailor but it would be a lot worse if the Germans or Japanese won this war.
Hitler and Tojo never called me "boy.
" Those are treasonous words, seaman.
Just words.
I tell you this much-- no matter what the Navy threatens us with we're not going back.
And that's mutiny.
Mr.
Gant, why did you come here to testify after all these years? I didn't agree with what McBride and the others did.
SINGER: And why was that? I didn't like segregation any more than them but we were at war.
My country, right or wrong.
Thank you, Mr.
Gant.
Your Honor, the government rests.
Your witness, Commander.
I have no questions, Your Honor.
ANNOUNCER: Port Chicago where the worst stateside accident of the present war wreaked destruction.
In the bay is the wreckage of the munitions ships that blew up.
Nothing left, save twisted steel.
The pier is a scene of ruin caused by the awesome blast that broke windows Here, a steel fragment of one ship was hurled Watching movies at the office, huh? You know that an Army Air Corps plane flying over the blast at the time witnessed white-hot chunks of metal the size of a garage flying by them and they were at 9,000 feet.
Still the history buff, huh, Sturgis? You're in a good mood.
I'm buying a house.
What? I'll tell you later.
It's a long story.
How's the case going? Prosecution's last witness just branded my client a militant traitor to his country.
Other than that, I'm doing great.
You want to discuss it? My father warned me, if you remove the context you got a man guilty of disobeying orders.
I might even lose on mutiny.
Singer's played it smart, sticking to the facts.
You can't let Singer choose the field of play, Sturgis.
I let my heart lead my head this time, man.
I should have told McBride to just take the SECNAV's offer.
You know, emotions aren't always such a bad thing.
Sometimes you should listen to them.
What's your heart telling you? That an old man who wanted to serve his country got a raw deal.
Injustice.
That's right.
Why? Racism.
There's your argument.
Racism.
You need to make Singer deal with it.
It's not a legal argument.
Make it a legal argument.
How? Singer brought in an historian.
You need to bring in someone who can paint a picture of how life was for the black man in 1944.
Now, you must know someone who can do that.
STURGIS: Chaplain Turner you entered the Navy in 1944? After I got out of the seminary.
What was the situation for African-Americans in the Navy? It was separate and unequal.
At that time, there were all trained ready to fight but aside from a few rare exceptions the Navy wouldn't let them.
You knew the accused when he was in the Navy, is that right? Yes, we met in '48.
Seaman McBride had returned to Great Lakes to go to gunnery school.
How did you find the seaman? Headstrong, but a good young man.
Given the context of the times would you consider the Chief's refusal to go back to loading munitions at Port Chicago justified? The Navy's struggle with civil rights has mirrored that of our country.
The Navy took a lead in desegregation after the war because of protest by men like Aubrey McBride.
The Chief was only asking to be treated like everyone else-- no more, no less.
Yes, I think he was justified in asking for the same opportunity to serve and, if necessary, die for his country.
Thank you, Chaplain Turner.
Lieutenant.
Your Honor, I have no more One question, Your Honor.
Go ahead, Colonel.
Chaplain, if you had been there that day at Port Chicago, as a superior officer what would you have told Seaman McBride to do? I'd have told him to go back to work.
Why, sir? Because it was an order.
Thank you, Chaplain Turner.
RABB: Everything seems in order, Harriet.
It's pretty straightforward.
Maybe to you, sir.
To me, it's Greek.
I can't thank you enough.
MACKENZIE: Finally get that fridge fixed? I'm working on it.
I need to ask you both a question.
If you murder cocounsel in the courtroom can you cop an insanity plea? Absolutely.
Yes.
I thought so.
You and Bud bought that house? Set to close in 30 days, ma'am.
Bud must be so psyched.
What did he say? He does know, doesn't he? Harriet? I may have been a little unspecific.
About buying a house? And you helped.
What were you thinking? That his approval went with his power of attorney.
I'm so sorry, sir.
I-I should have told him.
I was going to.
Uh, sir If you don't want to continue giving me legal advice I have advice for you, Harriet.
It's just not legal.
What are you doing with Bud's stuff? Getting it out of my office.
Your office? The Admiral gave it to me.
Didn't he tell you? No.
I'm sure he'll get around to it.
In the meantime, what do you want me to do with this junk? Chief, when you volunteered for the Navy what were your expectations? The recruiter said, "White boys are dying in the Pacific.
They're going to let you colored boys fight.
" Now, I didn't like the idea of anybody dying but I wanted to fight.
And when you got to Port Chicago? I thought, "I'm not going to get killed in the Pacific.
I'm going to get blown up in California.
" You witnessed the explosion, Chief? And I was there the next day.
We were searching for bodies.
It was awful-- just parts, unrecognizable, white or black.
Looking at that, you realize we're all the same.
Why didn't you go back to work? It wasn't safe, sir.
Why? We were moving too fast.
Men were learning on the job.
I was a winch operator hoisting bombs onto the ships.
One day a sailor on deck shouted up to me that there was something wrong with the rig.
Was there a problem, Chief? The officer on duty said the rig looked okay to him, but Come on! We're 30 tons behind, seamen! Keep it moving! Let's go! Look out! It's coming down! Look out! The bridle broke! It's going to blow! Cool it! Calm down! It's not hot! God, don't you know anything? McBRIDE: Well, that's just it.
We didn't know anything.
The officers told us the bombs weren't dangerous but a lot of them took off running with the rest of us.
In the brig, you said you thought the Navy was racist.
Why? Look at the hand the Navy dealt us, Commander.
They gave us the menial jobs, the hazardous jobs.
The Navy based its mutiny case on observation of a meeting held in the brig.
Was this meeting about planning a mutiny? No, sir.
It was about obeying orders.
Fights were breaking out and a bunch of us told the boys to cool it-- obey the guards.
So you're saying it was a conspiracy to obey orders? Objection.
Withdrawn.
Chief, that day that you refused to return to duty did you believe you were disobeying orders? We didn't refuse to go back.
We refused to return to the same conditions that caused the blast.
We wanted answers so it wouldn't happen again And they gave us gloves.
Thank you, Chief.
Chief, would you have us believe that there was no talk in the brig of work stoppage? I'd be lying if I told you there were no words uttered in anger.
And do you acknowledge that orders were given to return to work? Yes, ma'am.
And yet you chose not to follow them.
That's right, Lieutenant.
Tell me, then, how can we come to any other conclusion except that you were willfully disobeying orders? Back then, the Navy didn't see us as fighting men.
It saw the color of our skin and it saw cheap, expendable labor.
Discrimination is unlawful.
To me, Lieutenant, that makes the orders unlawful.
This was 1944, Chief.
The law was different.
The values of the Navy were still the same.
Same as they are today.
I don't think we're here to put the values of the Navy on trial.
In fact, I think, Chief Lieutenant You're here to shame this institution into an admission of guilt.
Objection, Your Honor.
Sustained.
Do you have a question, Lieutenant? I have an answer, Your Honor.
JUDGE: Okay.
Go ahead, Chief McBride.
I'm not here to shame the Navy.
I served her for 30 years.
I have a grandson in the Arabian Sea right now and I'm proud of him.
I love the Navy.
I love my country but that doesn't change the fact that what happened to me and 49 other men was wrong.
The Navy teaches responsibility, and this is one time the Navy needs to take that lesson to heart.
The accused and counsel will rise.
You may publish your findings.
Chief Petty Officer Aubrey McBride United States Navy, retired on the charge and specification of mutiny this court finds you not guilty.
On the charges and specifications of insubordination and disobeying orders this court finds you not guilty.
JUDGE: This court is dismissed.
( gavel pounds ) Thank you, Commander.
Thank you.
You are welcome, Chief.
Congratulations, Chief.
You were right.
He's good.
Chief McBride, I think this is a verdict we're happy to live with.
Congratulations, Chief.
You fought the good fight.
You too, Lieutenant.
Chaplain, I owe you but I have one more favor to ask.
Name it.
and Lord may the soul of Randall, our comrade in arms and the souls of all the faithfully departed rest in peace.
Amen.
Amen.
Thank you, Chaplain for helping me to honor an old friend.
Don't mention it.
Randall told me when his kids used to ask him what he did in the war he'd lie.
Told them he worked in a factory.
The way things were at Port Chicago wasn't that far from the truth.
I'm sure there are others who did the same, Chief.
I had my day in court, Commander.
I'm grateful to you.
There are 49 others still waiting.
You're talking about an uphill battle, Chief: Going to Congress.
What's on your schedule tomorrow, Commander? I suspect I'll be getting a call bright and early, 0800.
Make that 0900.
I'm mellowing in my old age.
( all chuckling )
It's tough going but these sailors know they're doing their part to beat back the Japanese in the Pacific.
Port Chicago-- gateway to victory.
( soft groan ) Whoa.
My back is killing me.
Loading those bombs-- be grateful it's just your back.
Are you sure you told them girls and her friend 9:00? How many times I got to tell you? Hey, how many tons you figure we loaded on our shift today? About 250, including that 500-pounder Johnson dropped on the deck.
They got us working too fast.
Yeah, but if we fill the Lieutenant's tonnage quota then we get Saturday liberty.
( screaming ) Oh, my God.
That was our ship.
SINGER: Admiral, may I have a minute? CHEGWIDDEN: Sure.
Sir, with Lieutenant Roberts detached I imagine you'll be spreading the workload around.
I was hoping for my share of big cases.
No small cases, only small lawyers, Lieutenant.
Yes, sir.
Just saying please keep me in mind.
You're often on my mind, Lieutenant.
Yes, sir.
Sir, one more thing? In Lieutenant Roberts' absence I'd like to request that I move into his office.
I'll think about it.
Yes, sir.
Thank you, sir.
Admiral, you have a visitor.
Thank you, Tyner.
Chaplain Turner.
Admiral, I hope you don't mind my resting these old bones.
They've been hibernating all winter.
Not at all.
Good to see you.
To what do I owe this pleasure? Well I got a call this morning from an old friend who may need some legal advice.
You're familiar with a World War II disaster at Port Chicago? As a matter of fact, I am.
at a Navy base near Oakland.
Killed 320 men.
Yes, most of the seamen African Americans.
Well, afterwards, some of the sailors refused to go back to work.
Said it was unsafe.
Navy convicted 50 of mutiny.
Well, one of the men-- a sailor that I knew at Great Lakes back in, uh, '48, Aubrey McBride-- has petitioned for a new day in court.
Just got word of it this morning.
( knocking ) Enter.
Sorry, sir.
Tyner stepped away.
Dad.
Sturgis, came by your office looking for you.
You were out.
I was hoping you'd join us.
Have a seat, Commander.
Your father and I were just discussing Port Chicago.
One of the convicted men-- an old sailor friend of your father's-- requested a new court-martial.
I thought the Port Chicago 50 were all discharged from the Navy.
Oh, but McBride petitioned to stay in.
Did his 30 years, made chief and retired with benefits.
I'll be honest, A.
J.
I'm not sure a new court-martial is a good idea.
Chief McBride has a tendency to push too hard sometimes.
You want somebody to talk to him? I'd appreciate it.
I just want to make sure he doesn't shoot himself in the foot.
I'll see to it.
Thank you, Admiral.
We still on for dinner Sunday? If you're not cooking.
We'll go to the "O" Club.
I'll be in touch, A.
J.
McBride retires at full benefits.
Why's he going after the Navy now, sir? Well, that's what you're going to find out.
This my dad's idea, sir? My idea.
Commander Rabb and Colonel McKenzie busy, sir? This is a sensitive matter.
The Navy would like to have it settled and I need a level head.
Yes, sir.
That will be all.
Let me help you with that, ma'am.
Thank you, Tyner.
Is this your lunch, Lieutenant? No, it's a chicken, three shrimp stir-fry two pounds of raw chuck, and a rump roast.
Interested? I've had a complete breakfast, ma'am.
Would you stow these in the freezer for me? No problem, Lieutenant.
Thank you.
Morning, sir.
My refrigerator's broken again, sir.
Oh, call your landlord.
Oh, he's U.
A.
And the repairman can't come for three days.
Bud used to take care of this stuff for me.
You know, I'm not doing anything tonight.
I'll pop by.
That'd be great, sir.
Have you ever fixed a refrigerator before? How hard can it be? It's a closed system.
The compressors are sealed.
When did you become an expert on refrigerators? I'm not.
I've just learned to steer clear of home repairs when my freezer's on the blink.
When was the last time you fixed anything? Well, my 'Vette's working pretty good.
It'll be all right.
I wish I could believe that, sir.
Not about the refrigerator but about everything.
My apartment's too small, it's noisy the traffic is terrible.
If A.
J.
gets sick, I'm an hour away.
It's just going to take some getting used to-- Bud being gone.
If you need anything, just ask, all right? Help me buy a new house, sir? The Jag send you, or your father? I'm here on official business, sir.
Your dad tells me you're good, Commander.
He's biased, Chief.
A Jag lawyer and a submariner.
Navy sure has changed a lot, sir.
Yes, it has which is actually the reason I'm here.
The Navy wants me to keep my trap shut? I'm just here to listen, Chief but I do have to ask what good you think can come from reopening this case.
You sure you're Chaplain Turner's son, Commander? I'm not going to lie to you, Chief the Navy would like to see if this matter can be resolved without going to court-martial.
My buddy Randall Winston and I enlisted in the Navy at 16 after Pearl Harbor.
We read some newspaper stories about Dori Miller-- a black mess attendant who manned a gun and shot down a bunch of Japanese planes.
When we got our orders to Port Chicago Randall says, "See "all they figure a black man can do is guard the White Sox dugout.
" And I said, "No, Randall "we're going to Port Chicago, California.
They sending us to fight in the Pacific.
" Turns out Randall was right.
You boys hear what Sixth Division loaded yesterday? You boys load 165 by 1500, you get liberty.
If not, you don't.
While I was at Port Chicago I learned Dori Miller was lost at sea.
I saw a newsreel of Jesse Owens running against a horse and I knew they weren't going to let us fight.
I appreciate your anger You can't appreciate a damn thing, Commander.
You're so accepted by the system, you've become it.
A mouthpiece for the Secretary of the Navy.
Excuse me but I speak for all of the Navy and my country and I'm not sure dredging up this divisive incident from the past serves either interest, especially now when we should all be pulling together.
( chuckles ) Well, you've got some vinegar after all.
Could've used you in '44.
Oh, those munitions ships were a powder keg.
To go back to work under the same conditions was suicide.
( loud bang ) Ow.
Is everything okay, sir? Yeah, yeah, it's coming pretty good.
Are you done, sir? It just needs a little fine-tuning.
Do you have any duct tape? Ow.
Uh, I don't know.
Let me ask Bud.
It's in a shoe box in the closet.
He says we have some in the closet.
Oh.
See why we need a bigger place? Plus, Bud and I are thinking about having another child.
Really? That's great, Harriet.
Difficult though with Bud gone for six months at a time.
Yeah.
E-mail only goes so far.
Maybe I could start looking.
Good morning, Lieutenant.
Good morning.
I just don't think We'll talk more about it later.
Don't work too hard, sweetie.
Anything I can do for you, sir? No, thank you, sweetie.
Uh Peetie Petty Officer.
Thank you.
Don't worry, sweetie.
My Legalman is great.
E-mail home, sir? Uh, yeah.
How are things? Bud's doing great, sir.
Sir, do you know anything about buying a house? ( chuckles ) Not unless I get married.
Unless or until, sir? How's the fridge doing, sir? Duct tape didn't work.
You'll think of something, sir.
Yeah.
McBRIDE: So, Commander SECNAV wants to know why an old man's causing so much trouble after all these years? He's not alone.
At my age, sir Alone gets to be a way of life.
More so every day.
Randall Winston and I were there that night.
We saw the fireball.
Heard the screams.
He was one of the 50 convicted of mutiny.
I recognize the name.
He told me, one day he was going to set the record straight.
And I told him I'd have his back when he did.
You want to know why I'm doing this, Commander? I've got a promise to keep.
CHEGWIDDEN: He really wants to go to court-martial.
Yes, he does, sir.
And I'd like to represent him.
He asked you? I volunteered, sir.
He's waiving his rights, statute of limitations, double jeopardy.
What part of "the Navy wants to settle this" didn't you understand? I believe the man has a case, sir.
Based on one conversation? Based on history, sir.
I did ask for a level head here.
Well, if we're not looking at a settlement and this has to go to court-martial can I count on you? Yes, sir.
RABB: Harriet.
Uh, I'm just on break, sir.
Did you hear from the appliance store yet? Oh, I picked up a part on the way in.
Life would be a whole lot easier if I lived closer to work.
Nice place.
It's a little pricey.
MacKENZIE: What's a little pricey? Take a look.
Wow.
You and Bud thinking about Just daydreaming, ma'am.
Nice dream.
Sir, thank you very much for your help.
Yeah, sure.
You and Bud planning on buying a house.
Not just yet.
I'd hate to worry about mortgage payments with my husband at sea.
Lieutenant Singer, walk with me, please.
Yes, sir.
I have an assignment for you.
Thank you, sir.
I'd like for you to prosecute the McBride case.
Isn't he the old man being court-martialed, sir? Do you have an issue with prosecuting an "old man," Lieutenant? No, sir.
No issue.
Look, I realize this may not be the most appealing case I have no problem, sir.
The man defied an order and engaged in mutinous acts no matter what the justification.
And I'm going to nail his butt to the yardarm.
Well, that'll be all.
Sir about Roberts' office? Right.
I'll have Lieutenant Sims remove his personal effects.
The office is yours for now Lieutenant.
Thank you, sir.
STURGIS: Look here, Chief I just want to go over some of these facts with you.
No problem, Commander.
You know, your dad called me.
Said to make sure you gave me a good rate.
I promise I'm worth every penny.
( chuckles ) How'd you and my dad meet, anyway? Oh, the Chaplain used to eat with us in the mess at Great Lakes.
Negro officers weren't allowed in the "O" club back then, Commander.
I knew that.
I just forget.
My dad doesn't talk much about those things.
Well, I'm sure there are lots of things he didn't talk much about.
About this mutiny charge.
Oh, I never could understand that, Commander.
We just said we wasn't going back to work.
That's our defense, Chief.
This mutiny charge doesn't hold up.
You never had the required intent to usurp or override lawful military authority.
Do you know what Thurgood Marshall said, Commander? Sir? He said, "I can't understand "why whenever more than one Negro disobeys an order it's mutiny.
" He was right-- I'd have charged you with disobeying orders.
Hey, whose side are you on? ( chuckles softly ) You sure you wouldn't rather do this at your house? Sold my house, Commander.
Live in an apartment upstairs now.
I've had some financial setbacks.
There's more company here, anyway.
SINGER: Great news, sir.
What's that, Lieutenant? I just located a witness-- an officer who was at Port Chicago who can testify that McBride led the conspiracy to refuse orders.
Well, congratulations.
The old man's toast, sir.
Excuse me, Lieutenant.
Colonel, a minute, please? Problem, sir? Singer.
You're talking about the McBride case, Admiral? Help me out here, Colonel.
I think she's gone off the deep end.
Do you want me to take over? I want you to sit second chair.
I'd prefer the electric chair, sir.
I realize that, Colonel, but I need someone to keep an eye on her.
Uh ( sighs ) Sir, if I may, um I never thought Lieutenant Singer was the right person for this job.
This case requires a light touch.
You may be right, Colonel, and that's why I need you.
Understood, sir.
And, as you can see, spacious but cozy and, with these ceilings, very light.
Why don't you have a cookie? No, thanks.
Cookie, Commander? Uh, no, thank you.
Excuse me.
Oh.
Let me show you the porch.
Your husband's quite a hunk.
Yes, he is but he's not my husband.
Really? You seem like the perfect couple.
You think so? My husband's overseas and Commander Rabb's just helping me while he's away.
How do you like the house? It's, uh, very nice.
( cell phone rings ) Oh.
Excuse me.
Harriet, this is, uh, none of my business No, sir, I asked for your help.
Can you and Bud really afford this place? I think we can swing it, sir.
Bud doesn't mind going out on a limb? There are some things that we still need to talk about.
Well, any incisions? I think we're interested.
Great.
Uh, listen, I'm not one to pressure but I've gotten calls from other Realtors who have clients ready to make an offer and I don't want you to miss an opportunity here.
What do we need to do? CHEGWIDDEN: Chief, thank you for coming in today.
As you know, the SECNAV has taken a keen interest in this case.
He has authorized this office to make you an offer he hopes will bring this matter to a resolution.
Well, Admiral, you convened this tea party.
Lieutenant Singer? Chief McBride SECNAV's prepared to issue a public apology to you and the 49 other men who were convicted of mutiny.
It will acknowledge that racial prejudice influenced work assignments at the base and that conditions were hazardous and discriminatory.
Well, I don't hear anything about overturning convictions, ma'am.
No, but SECNAV has entered into discussions with the White House regarding a blanket presidential pardon for all 50 men.
SECNAV's also informed us that he's submitting proposed legislation for an act of Congress granting exoneration.
I'm sorry, but I can't accept.
No apologies, no pardons and no deals.
MacKENZIE: Chief McBride a pardon and an act of Congress would mean full recognition of this injustice.
My buddy Randall Winston used to say "After what's happened, pardons don't cut it.
" Randall deserved a military funeral.
He just got put in a hole in the ground.
And I want my day in court.
Well, then, Chief, I think it's my responsibility to inform you that I intend to proffer additional charges of insubordination and disobeying orders.
MacKENZIE: We haven't discussed recommending any additional charges.
I'm lead counsel-- I'm leading this discussion, Colonel.
Sir, the original charge was mutiny.
New trial, new charges.
STURGIS: Admiral, surely the Lieutenant doesn't intend to widen the scope of these proceedings.
As lead counsel, she is within her rights and I will not interfere.
Thank you, sir.
Sir, I I'd like a word with my client.
That's an excellent idea.
CHEGWIDDEN: Colonel, Lieutenant.
What are you doing, Lieutenant? My job, ma'am.
You endorse this, Admiral? I don't engage in undue command influence, Colonel.
What did I do wrong, ma'am? Our job is to uphold the original conviction, not freelance new charges.
I am not interested in some musty mutiny charge, ma'am.
This man refused an order.
Race may have played a role in his conviction 60 years ago but I am not about to let it play a role again.
I plan to walk into a color-blind court and present the facts as they were in 1944.
Orders were given, and orders were disobeyed.
Be very careful, Lieutenant-- you're playing with fire.
No, sir.
With all due respect, I'm playing to win.
McBRIDE: I thought you were liking our chances, Commander Turner.
Chief, I was confident we could overturn the mutiny convictions but with these new charges, it's, uh, 50-50 at best.
Not very good odds, Commander.
And even worse when you consider if we lose, you might be punitively discharged and lose your veterans' benefits-- your pension, health, everything.
You've told me already, your financial situation has looked better.
wouldn't let me fight.
I'll be damned if they're going to buy me off now.
There's a simple solution here, Commander.
You've got to win.
SINGER: Captain Shaw you teach class at Annapolis on World War II Naval history.
Is that right? That is correct.
And you're familiar with the munitions explosion at Port Chicago in 1944? I've worked extensively on the legal history here at the Naval Historical Center in Washington.
Can you tell us what happened, sir? No, and no one can.
Any evidence was obliterated by the blast.
What about the Court of Inquiry findings? The most likely contributing factor was rough handling of the ammunition by the seamen.
SINGER: And the rumors of unsafe conditions? Remain just that-- verbal accounts but there is no definitive proof.
Do you believe that the sailors who refused to return to work were disobeying orders, Captain? Yes, I do.
And do you believe that, based on evidence, that this was a case of mutiny? I think it meets the standard.
SINGER: Thank you, sir.
Captain, the accused didn't try to take over a ship or seize power, yet you consider this mutiny? Well, there was evidence of a conspiracy at the time.
Marine guards observed a meeting at the temporary brig where the men were held.
Huh.
They observed.
I see.
You also refer to verbal accounts of unsafe conditions but no concrete proof.
Are you aware that the Court Director delivered a warning to the Navy months before the incident? "Conditions are bad up there.
"If you're not careful, something's going to happen and you'll be held responsible for it.
" That is in the court record.
It's one man's opinion, Commander.
Well, isn't it true that the majority of the mutineers including Mr.
McBride, were willing to return as soon as safety concerns were addressed? That is what they said.
By strict definition, sir, is that refusal to obey an order? Not when you put it like that, no.
Thank you, Captain.
Hey-hey, haven't seen you with this much head of steam since the Jagathon.
Don't ask.
Team Singer not going well? I can't stand it, Harm.
Take it easy.
I'm trying but it's hard to sit and watch while Singer presides over a train wreck in the courtroom.
Sir, about that house that we saw the other day? Yeah? I think I've figured out way we can swing it.
Really? I've asked my dad for a loan.
And Bud's okay with that? He will be okay with it, sir when he sees how perfect the house is.
Oh, he'll just forget all about the male-ego thing of wanting to make it on his own, look after his family? I'll make him forget about it, sir.
( chuckles ) Bad idea.
I know, sir but I also know that I really want to try and buy this house and I need someone who knows the law who knows what he's doing Bud gave me general power of attorney.
It doesn't feel right, Harriet.
What if I make a terrible mistake, sir? How will you feel about it then? Wow.
You been hanging out with Lieutenant Singer? Sir, it's just because I really, really want this.
( sighs ) All right, Harriet.
I'm going to help you but on one condition-- that you tell Bud.
Yes, sir.
I promise, sir.
Thank you, sir.
All right.
STURGIS: So how's your book coming? I start out writing the memoirs of a Navy chaplain find myself penning a history of the service.
Where's that girlfriend of yours? She's on the campaign trail, and we're just friends, Dad.
Don't wait too long, son.
Thanks for showing up in court to support Chief McBride.
He's not the only one I was supporting.
The Chief told me how you two met.
I'd forgotten you were excluded from the "O" Club even after the war.
Mm-hmm.
You and I have never really talked about back then, Dad.
That's because it was back then.
What else don't I know? Well, times were different.
We had to swallow our pride.
In '48, they sent me to Great Lakes.
First day, instead of putting me in the Chaplain's Office they put me in the steward's barracks.
"Negro chaplains are for Negro sailors," an officer told me.
Great Lakes is where you met Mom, though, huh? Yeah.
She said, "If I marry you "tell me I won't be boxing up CARE packages to send to the Indian Ocean.
" I told her, "Black sailors don't go to sea.
" Next thing you know, you're on a ship in the Med.
( chuckling ) When I got back, my first assignment was Pendleton.
I remember a Marine Colonel wrote in my Fitrep "He's a remarkable preacher.
What's more, he's a Negro.
" S-So hard to hear.
Your generation's been through things my generation's only read about, Dad.
Things have changed, Sturgis.
You've got a tough case.
A man defied orders.
Looking at the facts, color-blind, and out of that context could be that all a court-martial sees is a guilty man.
MacKENZIE: Mr.
Platt, you oversaw the loading of ammunitions at Port Chicago? Yes, I was a Lieutenant in the 4th Division-- Seaman McBride's unit.
What happened on the day of August 9, 1944? Well, that was about three weeks after the explosion.
Uh, we were reassigned to loading ammo at Mare Island.
I, um, marched the men down to the water.
Was Seaman McBride there? Yes, McBride was calling cadence.
We came to the juncture in the road.
On the right was the parade ground.
On the left was the ferry, which was waiting to take us to the ammunition loading pier.
What happened then? McBRIDE: Forward march.
Left, left, left, right, left.
Left, left, left, right, left.
Column left.
I said, "Column left.
" Are you men hard of hearing? I said, "Forward march.
Column left.
" Seaman McBride, front and center.
Yes, sir.
You got a problem, seaman? I'm not loading ammunition, sir.
You care to tell me why? I'm afraid, sir.
It's not safe.
If McBride's not going, I'm going either, sir.
I'm afraid, too, Lieutenant.
MacKENZIE: Were you afraid, Mr.
Platt? A lot of officers and friends died.
I'd be lying if I said I wasn't.
Yet, you chose to go back.
Well, I That is we we had a job to do.
There were There was a war going on and, uh, men were dying on islands all over the Pacific, thousands of them.
Did you consider that the conditions loading ammunitions, were unsafe? Well, when you're talking about explosives there's a risk.
There were many more-hazardous assignments in the Navy in '44.
Thank you, Mr.
Platt.
Mr.
Platt, on what basis did you calculate your risk assessment? Assurances by my superiors.
Who told you there were no fuses in those bombs.
That's right.
That wasn't true of all ordnance? Well, there were exceptions-- incendiary bombs, some mines.
Generally, they received special handling.
"Generally"? The pace was so frenetic, it was hard to control everything.
Why a frenetic pace with explosives, sir? We were trying to load those ships as fast as possible.
Were you aware that there was betting among the officers to see whose men could load the most tons in the shortest time? Objection.
Relevance? STURGIS: I'm getting there, Your Honor.
I'll allow it.
Mr.
Platt? There was betting.
That's true.
It was in the spirit of competition.
Weren't you concerned that this competition might sacrifice safety for speed, sir? PLATT: It didn't occur to me at the time.
Isn't it true that a Coast Guard detail was withdrawn from the port due to what they deemed "unsafe conditions"? Yes, that happened.
We know that the seamen were accused of rough handling after the blast.
Were the men given any new training or instruction? Not that I know of, no.
Were any changes implemented after the explosion, Mr.
Platt? The men were issued gloves.
STURGIS: Thank you, Mr.
Platt.
Redirect, Your Honor.
Go ahead, Lieutenant.
If competition resulted in getting munitions to our fighting men faster wouldn't you say competition was a healthy thing? Healthy for the war effort, yes but, in retrospect, it wasn't healthy for the 320 men, both black and white who died at Port Chicago.
MacKENZIE: Good lesson this morning, Lieutenant.
Never ask a question unless you know the answer.
I knew the answer, ma'am.
I just didn't expect our witness to turn into such a wimp.
Lieutenant, the request you sent to the Naval Historical Center.
You got something, Ma'am.
What is it, Lieutenant? Just drew a new card, Ma'am.
Mr.
Gant you were a non-commissioned officer at Port Chicago? Assigned to the 4th Division.
Did you have any dealings with Seaman McBride? GANT: A month before the blast, I received a petition signed by him and several of the other men.
I forwarded it to the Base C.
O.
Your Honor, this is a copy of that petition.
The Naval Historical Center found it in a search yesterday.
Mr.
Gant, please read the highlighted portions for us.
"The undersigned do hereby protest conditions "at Port Chicago.
"We ask the Navy to review unfair labor practices "and the unjust treatment of Negro seamen.
"To quote Mr.
Roosevelt "'We, the Negro sailors of Port Chicago are waiting for a New Deal.
'" Thank you.
Was this the only time that Seaman McBride expressed his dissatisfaction to you? He griped to me after the blast.
I was guarding him and the other men in the brig.
You may be on that side, boss but we're all on the same side.
How do you figure that, Seaman? The Navy's racist.
They look at you and me as mules for hauling.
The world's not perfect, sailor but it would be a lot worse if the Germans or Japanese won this war.
Hitler and Tojo never called me "boy.
" Those are treasonous words, seaman.
Just words.
I tell you this much-- no matter what the Navy threatens us with we're not going back.
And that's mutiny.
Mr.
Gant, why did you come here to testify after all these years? I didn't agree with what McBride and the others did.
SINGER: And why was that? I didn't like segregation any more than them but we were at war.
My country, right or wrong.
Thank you, Mr.
Gant.
Your Honor, the government rests.
Your witness, Commander.
I have no questions, Your Honor.
ANNOUNCER: Port Chicago where the worst stateside accident of the present war wreaked destruction.
In the bay is the wreckage of the munitions ships that blew up.
Nothing left, save twisted steel.
The pier is a scene of ruin caused by the awesome blast that broke windows Here, a steel fragment of one ship was hurled Watching movies at the office, huh? You know that an Army Air Corps plane flying over the blast at the time witnessed white-hot chunks of metal the size of a garage flying by them and they were at 9,000 feet.
Still the history buff, huh, Sturgis? You're in a good mood.
I'm buying a house.
What? I'll tell you later.
It's a long story.
How's the case going? Prosecution's last witness just branded my client a militant traitor to his country.
Other than that, I'm doing great.
You want to discuss it? My father warned me, if you remove the context you got a man guilty of disobeying orders.
I might even lose on mutiny.
Singer's played it smart, sticking to the facts.
You can't let Singer choose the field of play, Sturgis.
I let my heart lead my head this time, man.
I should have told McBride to just take the SECNAV's offer.
You know, emotions aren't always such a bad thing.
Sometimes you should listen to them.
What's your heart telling you? That an old man who wanted to serve his country got a raw deal.
Injustice.
That's right.
Why? Racism.
There's your argument.
Racism.
You need to make Singer deal with it.
It's not a legal argument.
Make it a legal argument.
How? Singer brought in an historian.
You need to bring in someone who can paint a picture of how life was for the black man in 1944.
Now, you must know someone who can do that.
STURGIS: Chaplain Turner you entered the Navy in 1944? After I got out of the seminary.
What was the situation for African-Americans in the Navy? It was separate and unequal.
At that time, there were all trained ready to fight but aside from a few rare exceptions the Navy wouldn't let them.
You knew the accused when he was in the Navy, is that right? Yes, we met in '48.
Seaman McBride had returned to Great Lakes to go to gunnery school.
How did you find the seaman? Headstrong, but a good young man.
Given the context of the times would you consider the Chief's refusal to go back to loading munitions at Port Chicago justified? The Navy's struggle with civil rights has mirrored that of our country.
The Navy took a lead in desegregation after the war because of protest by men like Aubrey McBride.
The Chief was only asking to be treated like everyone else-- no more, no less.
Yes, I think he was justified in asking for the same opportunity to serve and, if necessary, die for his country.
Thank you, Chaplain Turner.
Lieutenant.
Your Honor, I have no more One question, Your Honor.
Go ahead, Colonel.
Chaplain, if you had been there that day at Port Chicago, as a superior officer what would you have told Seaman McBride to do? I'd have told him to go back to work.
Why, sir? Because it was an order.
Thank you, Chaplain Turner.
RABB: Everything seems in order, Harriet.
It's pretty straightforward.
Maybe to you, sir.
To me, it's Greek.
I can't thank you enough.
MACKENZIE: Finally get that fridge fixed? I'm working on it.
I need to ask you both a question.
If you murder cocounsel in the courtroom can you cop an insanity plea? Absolutely.
Yes.
I thought so.
You and Bud bought that house? Set to close in 30 days, ma'am.
Bud must be so psyched.
What did he say? He does know, doesn't he? Harriet? I may have been a little unspecific.
About buying a house? And you helped.
What were you thinking? That his approval went with his power of attorney.
I'm so sorry, sir.
I-I should have told him.
I was going to.
Uh, sir If you don't want to continue giving me legal advice I have advice for you, Harriet.
It's just not legal.
What are you doing with Bud's stuff? Getting it out of my office.
Your office? The Admiral gave it to me.
Didn't he tell you? No.
I'm sure he'll get around to it.
In the meantime, what do you want me to do with this junk? Chief, when you volunteered for the Navy what were your expectations? The recruiter said, "White boys are dying in the Pacific.
They're going to let you colored boys fight.
" Now, I didn't like the idea of anybody dying but I wanted to fight.
And when you got to Port Chicago? I thought, "I'm not going to get killed in the Pacific.
I'm going to get blown up in California.
" You witnessed the explosion, Chief? And I was there the next day.
We were searching for bodies.
It was awful-- just parts, unrecognizable, white or black.
Looking at that, you realize we're all the same.
Why didn't you go back to work? It wasn't safe, sir.
Why? We were moving too fast.
Men were learning on the job.
I was a winch operator hoisting bombs onto the ships.
One day a sailor on deck shouted up to me that there was something wrong with the rig.
Was there a problem, Chief? The officer on duty said the rig looked okay to him, but Come on! We're 30 tons behind, seamen! Keep it moving! Let's go! Look out! It's coming down! Look out! The bridle broke! It's going to blow! Cool it! Calm down! It's not hot! God, don't you know anything? McBRIDE: Well, that's just it.
We didn't know anything.
The officers told us the bombs weren't dangerous but a lot of them took off running with the rest of us.
In the brig, you said you thought the Navy was racist.
Why? Look at the hand the Navy dealt us, Commander.
They gave us the menial jobs, the hazardous jobs.
The Navy based its mutiny case on observation of a meeting held in the brig.
Was this meeting about planning a mutiny? No, sir.
It was about obeying orders.
Fights were breaking out and a bunch of us told the boys to cool it-- obey the guards.
So you're saying it was a conspiracy to obey orders? Objection.
Withdrawn.
Chief, that day that you refused to return to duty did you believe you were disobeying orders? We didn't refuse to go back.
We refused to return to the same conditions that caused the blast.
We wanted answers so it wouldn't happen again And they gave us gloves.
Thank you, Chief.
Chief, would you have us believe that there was no talk in the brig of work stoppage? I'd be lying if I told you there were no words uttered in anger.
And do you acknowledge that orders were given to return to work? Yes, ma'am.
And yet you chose not to follow them.
That's right, Lieutenant.
Tell me, then, how can we come to any other conclusion except that you were willfully disobeying orders? Back then, the Navy didn't see us as fighting men.
It saw the color of our skin and it saw cheap, expendable labor.
Discrimination is unlawful.
To me, Lieutenant, that makes the orders unlawful.
This was 1944, Chief.
The law was different.
The values of the Navy were still the same.
Same as they are today.
I don't think we're here to put the values of the Navy on trial.
In fact, I think, Chief Lieutenant You're here to shame this institution into an admission of guilt.
Objection, Your Honor.
Sustained.
Do you have a question, Lieutenant? I have an answer, Your Honor.
JUDGE: Okay.
Go ahead, Chief McBride.
I'm not here to shame the Navy.
I served her for 30 years.
I have a grandson in the Arabian Sea right now and I'm proud of him.
I love the Navy.
I love my country but that doesn't change the fact that what happened to me and 49 other men was wrong.
The Navy teaches responsibility, and this is one time the Navy needs to take that lesson to heart.
The accused and counsel will rise.
You may publish your findings.
Chief Petty Officer Aubrey McBride United States Navy, retired on the charge and specification of mutiny this court finds you not guilty.
On the charges and specifications of insubordination and disobeying orders this court finds you not guilty.
JUDGE: This court is dismissed.
( gavel pounds ) Thank you, Commander.
Thank you.
You are welcome, Chief.
Congratulations, Chief.
You were right.
He's good.
Chief McBride, I think this is a verdict we're happy to live with.
Congratulations, Chief.
You fought the good fight.
You too, Lieutenant.
Chaplain, I owe you but I have one more favor to ask.
Name it.
and Lord may the soul of Randall, our comrade in arms and the souls of all the faithfully departed rest in peace.
Amen.
Amen.
Thank you, Chaplain for helping me to honor an old friend.
Don't mention it.
Randall told me when his kids used to ask him what he did in the war he'd lie.
Told them he worked in a factory.
The way things were at Port Chicago wasn't that far from the truth.
I'm sure there are others who did the same, Chief.
I had my day in court, Commander.
I'm grateful to you.
There are 49 others still waiting.
You're talking about an uphill battle, Chief: Going to Congress.
What's on your schedule tomorrow, Commander? I suspect I'll be getting a call bright and early, 0800.
Make that 0900.
I'm mellowing in my old age.
( all chuckling )