JAG s08e07 Episode Script
Need to Know
WOMAN: This is 1968.
That's the USS Angel Shark in the background.
My father was the skipper.
I was four years old.
I worshipped my father.
Didn't want him to go.
Maybe I had some kind of premonition.
The Angel Shark never came home.
That was 34 years ago and the Navy still hasn't told us what happened.
I think that's unconscionable.
and they all had families.
We want to know.
The time's come.
As a member of Congress, you do understand What you want is classified information? Let me tell you something, Edward.
My mother died never knowing what happened to my father.
That's not going to be me.
I'll see what I can do4 Lillian.
I'm not asking for a favor.
You wanted something, I was able to help you get it.
Now that you're Secretary of the Navy I expect you to do the same for me.
CHEGWIDDEN: USS Angel Shark, SSGN559 missing at sea in the Pacific, December 21, 1968.
The official court of inquiry found she went down due to unknown mechanical problems.
Beyond that, what the Navy knows is classified.
Our, uh, new SECNAV wants the classification lifted.
He wants closure for the families.
Sounds like it's about time, sir.
Happen to agree.
Unfortunately, the Angel Shark was on a CIA mission.
The CIA is the Original Classifying Authority and only the OCA can declassify.
CIA has refused.
On general principles, sir, or is there a reason? Well, no doubt there is.
Unfortunately, that's classified as well.
SECNAV wants this done quietly.
I've been authorized to convene a second court of inquiry into the loss of the Angel Shark.
You three are appointed as counsel to the court to investigate, prepare witnesses present evidence with the objective of persuading the court to recommend declassification.
CIA intends to oppose.
They've put their top counsel on it.
Name's Catherine Gale.
I've seen her in action.
She does not like to lose.
Do not underestimate this woman.
WOMAN: Good morning.
I'm Catherine Gale.
You must be Colonel MacKenzie.
Very nice to meet you.
Likewise.
Commander Turner, it's a pleasure.
Ms.
Gale.
And Commander Rabb.
I've heard a lot about you as a fighter pilot as well as a lawyer.
You were quite a hero in the Kabir incident.
Well, I'm not sure if the Director of Central Intelligence would agree.
Oh, he does, he does.
Just unfortunate there had to be a boundary dispute between the Navy and the CIA over it.
Are you saying there's no hard feelings? Wouldn't it be nice if it were that simple? If the Navy insists on convening a court of inquiry the proceedings will have Top Secret Level One protection inasmuch as the Angel Shark mission was in fact classified Top Secret Level Two that means that information and materials which in accordance with Executive Order 12356 as well as OPNAVINST 5510.
1 and DOD Directive Two protection may not be presented in Level One proceedings.
Clear? Oh, yeah, I think I get it.
We can't tell the court why it needs to be declassified because the reason it's classified is classified.
You've got it.
Sign these, please.
Each of you has been granted interim SCI clearance which means that you are responsible for maintaining protected information in the interests of national security.
What have you got for me? Home movies.
Shot by the Skipper's wife the day he left for his last deployment.
Sad.
Turner: There were 129 men on that boat All volunteers most of them barely into their 2os about to spend three months under the surface out of touch with their families on a mission so secret all but a few of them didn't even know what it was.
Chief of the Boat, take her down.
Make your depth one-five-zero feet.
Aye, aye, sir.
Depth one-five-zero feet.
Chief of the Watch on the one-M-C, dive, dive.
Turner: Says here 43 were married, all of them had mothers, fathers, sisters and brothers Waiting for them to come home.
MacKENZIE: And they're still waiting.
May I speak frankly? Please.
I know you're doing this for the families of men who gave their lives for their country.
But those men all signed oaths of confidentiality.
I can get you copies if you'd like.
I'd hate to see the Navy and the CIA get into another ugly fight over this.
We should really try to make it go away.
What do you suggest? Drop the court of inquiry.
Don't put us in a corner and we won't have to defend our turf.
RABB: Here's an idea.
Since we're derivative classifiers tell us why the CIA wants it kept secret.
Maybe we can come to a compromise Make everybody happy.
I can't do that.
Sorry.
Why not? You don't know why, do you? I don't need to know.
You sure about that, counselor? How do you know you're doing the right thing? If I'm doing my job right, I'm doing the right thing.
Get me copies and send me the witness list as soon as you can.
I'll want to accompany you on any preliminary interviews.
ROBERTS: You're kidding.
( typing ): Lieutenant Singer is still sick.
COATES: I'm telling you, sir she picked up some kind of virus before she left the States.
Sounds serious.
I keep telling her she should go to sick call but she won't do it.
She's very stubborn.
Sounds like Singer.
Harriet: Hi, sweetie, it's me.
Got to go.
See you.
I'm in here.
Hey.
Are you online with Coates again gossiping about Singer? Yeah, the Lieutenant's having a hard time of it.
Why doesn't that surprise me? Wish I had time for a pen pal.
You need anything? Yeah.
Come here.
Sit down.
Sweetie, I'm in a hurry.
I got to be back by 2:00.
You hungry? Starving.
All right, I'll make you a sandwich before I go.
Hey, Harriet? Hey.
Are you mad at me? No.
Should I be? No.
I was just Thinking Maybe I should IM you once in a while.
Touché.
Thanks.
I was just talking about you today.
Really? You're here about the Angel Shark, right? You think because we nailed Kabir together you can tap me anytime there's a problem? Look, Clay I got a message for you.
The DCI is not going to declassify a Top Secret Level Two compartmented operation just because the SECNAV wants him to.
"Compartmented operation.
" So, it was a Black Op.
Of course it was.
Submarines were the most important espionage tool we had in the Cold War.
Everything was a secret.
The Cold War is over, Clay.
Why keep it up? Haven't a clue.
Angel Shark was a special project sub.
If I had to guess, I'd say she was a boomer modified to tap underwater telephone cables.
Something went wrong with the mission.
What, why or where I don't know.
Yeah, but you could find out.
I have been very specifically instructed to stay out of this case and to stay away from you by the DCI personally.
What's he got to hide? I like my job, Rabb.
I'm not going to be your guy on this one.
Leave me out of it.
Turner: Where did the first court of inquiry say the Angel Shark was deployed? MacKENZIE: Deep ocean Pacific.
Uh-uh.
Uh-uh.
If she was cable-tapping it was either in the Sea of Okhotsk or in the Barents.
Seeing as how she left out of San Diego I'd say it was the Okhotsk.
So, what's the big deal? Isn't this all out in the open now? Well, uh, more or less.
The Russians found a tap we had in the Barents Sea in the '8os.
They put it on display in Moscow.
"Property of the United States Government" stamped all over it.
Granted, CIA had good reason to keep it secret then.
Now, they don't.
Unless there's another reason.
What? There's a rumor about Spec-Ops boats.
I didn't believe it, but The stories were they carried self-destruct charges.
What they were doing was so secret they had orders to scuttle if they got caught.
Scuttle a submarine? Take her to the bottom.
With everyone on board? MacKENZIE: Harm, we're ready to go.
RABB: You guys go on.
I'll be right there.
How long is it going to take us to get there, you figure? SIMS: Morning, ma'am.
Sir.
This is for you from Bud.
It's everything he could find on the Internet about the Angel Shark.
Great.
Did we ask for this? I did.
Unofficially.
Anything that keeps me off the Internet is a good thing.
RABB: Harriet.
Morning, sir.
Hey, how's Bud? He's really good.
He's making real progress with his prosthesis, sir.
How are you doing? I'm okay.
I'm just really tired.
The minute I put A.
J.
down, I fall right to sleep and then Bud has insomnia so he stays up all night.
Um, we have to go.
Tell Bud thanks.
Uh, yes, ma'am.
I'll see you later.
Thank you, sir.
Turner: Hey, are we sure we aren't getting Bud's hopes up too high? We don't know when or if he's coming back to work.
Feeling useful helps with rehab.
Besides, I made Bud promise no conspiracy theories.
CATHERINE: Admiral, as counsel for the CIA I'm here to represent you in your former capacity as Commander, Submarine Force, Pacific Fleet.
ATWATER: Am I allowed to answer questions? Have they been cleared? They've received interim clearance, Admiral.
They know there's a difference between what they might hear and what they can say.
Turner: Where was the Angel Shark deployed, Admiral? Angel Shark was deployed to the Sea of Okhotsk.
On a cable-tapping mission, sir? Yes.
The mission had come down from the top.
It had Brick-Bat Oh-One Authority.
The President had to approve it, it was that sensitive.
If something went wrong, if the Russians had found our subs in their water listening to their telephone conversations it could have started World War III.
MacKENZIE: But something did go wrong didn't it, sir? Obviously.
Would you be willing to testify at a Court of Inquiry, Admiral? I want to stress, sir, you're under no obligation to appear.
You want my testimony you shall have it.
It goes like this: Angel Shark's last deployment was Top Secret Level Two compartmented mission.
Period.
That okay? Sounds fine, Admiral.
Are we through? One last question, sir.
Did the Angel Shark have a self-destruct mechanism on board? ( chuckles ) I've heard that rumor.
There were no self-destruct mechanisms aboard Special-Ops boats.
You really think that the Navy would sacrifice its men and send its nukes to the bottom of the ocean to protect its secrets? Nice car.
Lawyering for spooks has its advantages.
Bud must have been up all night.
He printed this out at 4:00 A.
M.
He says he checked every Web site that mentioned the Angel Shark and came up with nothing except maybe this one cross-reference about a CIA agent who committed suicide in 1968 two days after the Angel Shark went missing.
A double agent? What would have happened if the Angel Shark's mission had been compromised? The Soviets would have been lying in wait for her probably with a Victor-class hunter-killer.
Skipper, we've got company, sir.
I'm picking up faint screw noises.
Surface vessel? No, sir.
It's a sub.
Bearing one-nine-seven degrees, sir.
All stop.
All stop.
Aye, sir.
Range? He's close, sir.
Within 1,500 yards.
Left full rudder.
Come to course zero-nine-zero.
All ahead one-third.
Aye, sir.
Left full rudder.
Come to course zero-nine-zero.
All ahead one-third.
Aye, sir.
Sneak us out of here, COB.
Nice and quiet.
( pinging ) He's going active, sir.
All ahead flank.
Aye, aye, sir.
All ahead flank.
Turner: The Captain would have had no choice.
He'd try to get out of there if he could.
And what if he couldn't? What about the other sub? The Angel Shark was much slower than a fast-attack.
Victor would catch her.
And sink her? Might happen.
Would the Navy have kept it a secret? The CIA definitely would have.
WEBB: The Admiral denied it, didn't he? Yes.
Convincingly? You could say he laughed it off.
Then why worry about it? I don't like working in the dark like this.
You'd better get used it.
It's the CIA.
And you don't have to whisper.
We don't bug ourselves.
What can you tell me about Commander Rabb? What you see is what you get.
He doesn't give up.
Is there any way to rattle him throw him off his game? No.
What about Colonel MacKenzie or Commander Turner? Catherine, I've been ordered to stay out of this.
That's what I intend to do.
Okay, sorry.
Any suggestions? Yeah, keep up the good work.
RABB: Admiral, you were Chief of Naval Operations when the Angel Shark was lost in '68, sir.
Is it possible a Soviet submarine sunk her while she was deployed in the Sea of Okhotsk? I don't believe that's possible.
Why not, sir? If the Angel Shark had engaged with a Soviet warship and been sunk by him the Soviets would have had to assume a hostile response from us.
They would have prepared for it.
There would have been indications and warnings.
There were not any.
Why do you think she went down, sir? Gale: Admiral, if they're asking you to speculate, there's no reason to go there.
I have no opinion.
Is that because you know, Admiral? RABB: Sir, if her mission was so sensitive it could have started a nuclear war what were her orders if she were found out? Her orders were to get the hell out of there.
What did you do once you knew the Angel Shark had been lost, Admiral? We went looking for her.
And we found her in 1969.
You found the Angel Shark, sir? She floated a radio buoy just before Well, just before the end.
Gale: Admiral, I have to caution you You signed a non-disclosure agreement which I have a copy As you were, Ms.
Gale.
I know what I signed.
The recovery was also led by the CIA.
And I won't say anything more about it.
Thank you, Admiral.
This interview is concluded.
None of this can be presented before the court.
The SECNAV called twice today to see how things were going so what do you have that can be presented before the court? A spy sub that was somewhere she wasn't supposed to be no mission records and no survivors no physical evidence and no one in the chain of command who can talk about it.
That's not very encouraging.
No, sir.
Any bright ideas? RABB: Yes, sir.
We request permission to issue a subpoena for documents.
See how the CIA feels about defying a court order.
Be taking it public.
Press gets a hold of it, we lose SECNAV's not going to be happy.
We feel it's worth the risk, sir.
You all agree? Yes, sir.
Yes, sir.
Permission granted.
Somehow I feel this isn't going to be a pleasant surprise.
You're very intuitive, Ms.
Gale.
He'll wait here.
MAN: Yes, ma'am.
How's the socket feel? I could do this all day long.
Well, you've been doing it for five minutes.
That should be long enough.
Why? ( groans ) That's why.
Here.
Thanks.
Just when I thought I was getting the hang of it.
Let's take a break.
I'll make you a deal.
We can take a break if you'll let me take this home.
Absolutely not.
Oh, come on, Lieutenant.
You know that I'm ready.
I know that you've overdone it already.
You need to set easy goals.
Everything takes time.
Yes, Mother.
( chuckling ) I'm serious.
You have a handful of shrapnel in your other leg and you don't want to overstress it.
So you're saying that my good leg isn't my good leg? I'm just saying you can't climb Mount Everest in a day.
Take it one step at a time.
Whatever you say.
One step at a time.
( grunting ) Gale: We're complying with the request for documents.
Really? Really.
What are you doing? There aren't any.
Why? What were they lost? Destroyed? They're Top Secret Level Two classified.
Since when five minutes ago? I want a list of every piece of evidence and every document you're not producing.
You'll have it in court.
Thought you had orders to stay away from me.
That was before you went into open court to get that subpoena.
Now my boss is afraid you'll go running to the press.
Not a bad idea.
Might get the attention of the President.
He may wonder why the CIA has nothing better to do than to keep a secret that's 34 years old.
Don't do it, Rabb.
Either way it turns out, you lose.
This isn't about me, Clay.
And it's not about need-to-know either.
It's about real people with a hole in their lives that can't be filled with anything other than the truth.
They need to know because if they don't, it'll keep eating away at them.
They need to know that they're not going to wake up in the middle of the night every night for the rest of their lives wondering what happened to the people they loved.
Some people give up that right to know.
Maybe not voluntarily.
Maybe it's taken away from them.
But it's gone nonetheless.
That's the way it is for the families of the stars on this wall.
Yeah.
At least they have a star.
Where are the stars for the crew of the Angel Shark? RABB: Gentlemen, you have before you the findings of the original court of inquiry which was in held in 1969.
We intend to present testimony which will show that these findings were based on information which placed the Angel Shark in the Western Pacific when in fact she was deployed in the Sea of Okhotsk.
We know why the cover story was issued at the time In the interest of national security But that time has long past and what we do not know is why the truth still remains hidden today.
Why there is a five-page list of evidence which still cannot be considered 34 years after the Angel Shark was lost.
Why the families of 129 brave men who gave their lives in the service of their country are being kept in the dark about what happened to their loved ones.
Easy goals.
I was the Commander of the Submarine Force, US Pacific Fleet from 1967 until retirement in 1970.
What can you tell us of the last deployment of the USS Angel Shark? Very little.
Is that because it was on a CIA espionage mission details of which you didn't need to know? That is correct.
Sir, how did you feel when you learned the Angel Shark had been lost? I knew most of the men aboard that boat.
Joe Dorning was my last XO before I was kicked upstairs.
They were my boys.
How do you think I felt? Admiral, do you know of any reason why the fa of the USS Angel Shark and the 129 men in her crew should be kept secret from the families of those men No.
Thank you.
Nothing further.
Admiral, isn't secrecy an integral part of submarine warfare? Yes.
'Cause the great advantage of a submarine is surprise? That is one advantage, yes.
And isn't the purpose of secrecy to protect your ability to surprise the enemy? Well, that seems to be self-evident, doesn't it? Yes, sir.
I believe it is self-evident.
And because the actual nature of the Angel Shark mission was in fact kept secret, even from you there's no way you can know whether or not there's a reason for it to remain a secret, is there? No, Ms.
Gale, there isn't.
Thank you, Admiral.
Screw easy goals.
( grunting ) ( grunting ) Turner: And as Chief of Naval Operations in 1969, were you responsible for recovery of the USS Angel Shark? It was a joint Navy-CIA operation.
My responsibility was to the Navy.
Can you tell us if you found her, sir? No.
Why not, sir? The clearance level of this court is not high enough.
Top Secret Level One clearance isn't high enough, sir? No.
The Angel Shark mission and any recovery was and still is Level Two.
Do you know why that is, Admiral? I do.
But you can't tell us that either, can you, sir? No.
One last question, Admiral.
Why did you agree to come here today when you knew that there would be so many questions that you wouldn't be able to answer? Every year, I hear from the families of the men who were lost Wondering, hoping.
Every year, they're disappointed.
I'd like to see that end.
Thank you, sir.
Nothing further.
Ms.
Gale? No questions for this witness, sir.
Thank you, Admiral.
Next witness.
We call Norman Watts Director of the Central Intelligence Agency.
Sir, we object to this.
Why? Lack of relevance, sir.
The DCI is no more free to testify to Level Two classified matters than the previous witness.
We feel that the Judge Advocate General is attempting to play on sentiment in the absence of evidence.
Point is taken and noted, Ms.
Gale.
However, in light of complicated and inflexible regulations governing levels of classification I think this court would like to hear from Director Watts.
( panting ) ( grunting ) Oh! Ow! RABB: Director Watts, do you have the authority to declassify information pertaining to the disappearance of the USS Angel Shark in 1968, sir and any subsequent recovery operations undertaken since then? Yes.
Does anyone else have this authority? No.
Not Congress or the President? Only the original classifying authority can declassify.
If Congress or the President had a need to know, then, of course that information would be made available to them.
Then you, sir, are in a position to keep secrets from the President of the United States? Theoretically, technically, yes.
Practically speaking, of course not.
So clearance level, Top Secret, whatever isn't the determining factor.
It's need-to-know, period? In the final analysis, yes.
And who decides who needs to know, sir? Is that the original classifying authority again? That's right.
Under what circumstances would you as OCA be prepared to declassify what happened to the Angel Shark? I can't answer that, sir.
Because this court doesn't need to know? As I understand this court of inquiry the issues here are humanitarian.
I sympathize.
I'm sure everyone in this room does.
But national secrets are secret for a reason.
If we can't keep our secrets especially in time of war and after 9-11 then how can we expect our friends and allies to trust us? ( grunts in pain ) ( gasping ) ( laughing ) I'll have dinner in 20 minutes.
I told you, I'll cook.
Mac, we're likely going to lose in court tomorrow.
Tonight I want to feel like I accomplished something, so Getting me to cook isn't an accomplishment? Getting you to sit down is an accomplishment.
I'll cook.
All right.
Since when did you get a TV? TV? Yeah, when'd you break down and get one? This isn't mine.
Somebody put this TV here, Mac.
Somebody broke into your home and left you a television? Well, they would have had to if they want me to watch this tape.
There's one civilian present.
You recognize him? It's DCI Watts.
Your boss was the CIA agent in charge of the Angel Shark mission.
RABB: Maybe now you'll ask him why he refuses to declassify it.
How did you get this? That, Ms.
Gale, you do not need to know.
What do you intend to do with it? Present it to the court of inquiry.
They'll refuse to see it.
RABB: No, they won't.
It's new and compelling evidence.
And it's not on your list.
I didn't know it existed.
Secrets within secrets.
Look, we think we know what happened.
There was a traitor in the CIA on your boss's watch.
The Angel Shark's mission was compromised.
A Soviet submarine was waiting for her when she got to the Sea of Okhotsk.
But she wasn't torpedoed.
And there were no self-destruct mechanisms You've already established that.
We think a collision.
It happened often enough during the Cold War and when it did, both sides kept it secret.
But not for 34 years.
Let me talk to the DCI.
Maybe we can work something out.
RABB: I have a suggestion.
Tell the DCI he can keep some of it secret.
Just let the families know what happened to the Angel Shark and let them see this tape.
I'll get back to you.
Bud? D? I'm up here.
What are you doing? What does it look like? I'm in our bed for the first time.
Mommy It's okay, sweetie.
Go back to sleep.
Here.
No, no, no, no.
Not here.
He has his own bed.
I know, but he's been sleeping with me since Now is the time for him to sleep in his own room.
I'll be right back.
I'm not going anywhere.
This is great.
It's got a great view.
The fireplace is wonderful.
What were you thinking? Why are you so mad? How about you could have killed yourself? Is it that or is it something else, Harriet? What do you mean? I'm in bed.
You're here Why don't you go over and close the door and come here.
I think it's time.
I don't know.
Does the idea repulse you? No! Of course not! Because if it does I understand.
It's probably normal.
No.
It just took me by surprise, that's all.
I mean, I have thought of it.
Harriet, it's okay.
It's okay.
You're just not ready.
No, I am.
I mean, I want to.
I'm just So am I.
Honey I'm not a freak.
I just Lost a little weight finally.
You are awful.
I'm not awful.
I miss you.
MAN: I understand a comprise has been reached.
Yes, sir.
The Original Classifying Authority has agreed to a partial declassification of materials pertaining to the loss of the USS Angel Shark in the interest of closure for the families of the men who lost their lives on her final mission.
And this is satisfactory to the Navy? It is, sir.
Ms.
Gale, does the OCA concur? We do, sir.
Please tell the court for the record what the families are now entitled to know.
Sir, on December 21, 1968 USS Angel Shark, SSGN559 collided with a Soviet Victor-class fast-attack submarine in the Sea of Okhotsk.
Bearing one-six-five degrees.
Range 900 yards and closing.
Sir, he's at full power.
Making so much noise cavitating I don't think he knows exactly where we are.
Ping him.
Going active, aye.
( pinging ) No change in target bearing.
Range 800 yards and closing.
What's his depth? I can't tell, sir.
Above us or below us? I can't tell, sir.
He's coming in too loud and too fast.
Give me a guess.
Go down, sir.
He's right on top of us.
on the bow.
aye, sir.
( pinging ) He's going to hit us, sir.
Sound the collision alarm.
Rig the ship for impact.
( alarm blaring ) ( crashing ) Damage report.
Sir, we have a problem.
Stern planes are jammed in full dive position and the fairwater planes aren't responding.
Just get us the hell out of here, Helm.
We'll worry about the planes later.
Damage from the collision made it impossible to control the ship's depth.
In other words, to go forward the submarine also had to go down and at some point she would reach crush depth.
Passing 1,000 feet.
Where is he, Sonar? He's circled back, Skipper.
Bearing two-six-zero and slowing.
Now he knows where we are.
What's our speed? Steady as you go.
What the hell was he doing there? How'd he know we were coming? Passing 1,200 feet.
Captain, passing 1,300 feet.
( rumbling ) ( rumbling grows louder ) Passing 1,400 feet, sir.
All stop.
Aye, aye, sir.
All stop.
All stopped, aye.
Equalize the ballast tanks.
Neutral buoyancy.
Neutral buoyancy.
Aye, sir.
Equalize ballast tanks.
Neutral buoyancy.
Sonar? He's right above us, sir.
His depth is 800 feet and he's hovering.
He's waiting for us to give up.
Are we going to give up, Skipper? Hell, no.
We'll wait him out.
Commander Dorning was left with only one choice: To hover at 1,400 feet, perilously close to crush depth and wait for the Soviet Victor to give up the chase.
In that event they planned to deploy the radio buoy make an emergency transmission giving their location, then await rescue.
But before that could happen, the ship's pressure hull also damaged by the collision, ruptured.
Sir, we have flooding in the forward compartment.
All back emergency! Blow the ballast tanks! Aye, sir, all back emergency.
Blow the tanks.
She won't blow, sir.
Negative, sir.
Negative.
Ballast will not blow.
Passing 1,500 feet.
Speed's increasing.
Deploy the buoy, COB.
Aye, aye, sir.
Deploy the buoy.
Start emergency transmission and keep it going.
Let them know what's happened.
Aye, sir.
The recoveryffort was immediate.
The cable-tapping equipment had to be secured and it was.
Your father saw to that.
Thank you, Edward.
This is no small comfort.
There's more, Lillian.
They didn't just bring up the equipment.
They brought up bodies, too.
And they gave them a military funeral and burial at sea with full honors.
They couldn't reveal it at the time.
It had to be kept secret.
But it was filmed by the CIA.
And It's all on here.
I hear your boss gave you a new assignment.
He was not happy.
Somewhere in South America? Anywhere I know? Deputy Chief of Station, Paramaribo.
Where's that? Surinam.
Just 200 miles from Devil's Island.
Ouch.
Well, it could have been worse.
Could have been Canada.
This is better than stars on a wall.
Yeah, it is.
That's the USS Angel Shark in the background.
My father was the skipper.
I was four years old.
I worshipped my father.
Didn't want him to go.
Maybe I had some kind of premonition.
The Angel Shark never came home.
That was 34 years ago and the Navy still hasn't told us what happened.
I think that's unconscionable.
and they all had families.
We want to know.
The time's come.
As a member of Congress, you do understand What you want is classified information? Let me tell you something, Edward.
My mother died never knowing what happened to my father.
That's not going to be me.
I'll see what I can do4 Lillian.
I'm not asking for a favor.
You wanted something, I was able to help you get it.
Now that you're Secretary of the Navy I expect you to do the same for me.
CHEGWIDDEN: USS Angel Shark, SSGN559 missing at sea in the Pacific, December 21, 1968.
The official court of inquiry found she went down due to unknown mechanical problems.
Beyond that, what the Navy knows is classified.
Our, uh, new SECNAV wants the classification lifted.
He wants closure for the families.
Sounds like it's about time, sir.
Happen to agree.
Unfortunately, the Angel Shark was on a CIA mission.
The CIA is the Original Classifying Authority and only the OCA can declassify.
CIA has refused.
On general principles, sir, or is there a reason? Well, no doubt there is.
Unfortunately, that's classified as well.
SECNAV wants this done quietly.
I've been authorized to convene a second court of inquiry into the loss of the Angel Shark.
You three are appointed as counsel to the court to investigate, prepare witnesses present evidence with the objective of persuading the court to recommend declassification.
CIA intends to oppose.
They've put their top counsel on it.
Name's Catherine Gale.
I've seen her in action.
She does not like to lose.
Do not underestimate this woman.
WOMAN: Good morning.
I'm Catherine Gale.
You must be Colonel MacKenzie.
Very nice to meet you.
Likewise.
Commander Turner, it's a pleasure.
Ms.
Gale.
And Commander Rabb.
I've heard a lot about you as a fighter pilot as well as a lawyer.
You were quite a hero in the Kabir incident.
Well, I'm not sure if the Director of Central Intelligence would agree.
Oh, he does, he does.
Just unfortunate there had to be a boundary dispute between the Navy and the CIA over it.
Are you saying there's no hard feelings? Wouldn't it be nice if it were that simple? If the Navy insists on convening a court of inquiry the proceedings will have Top Secret Level One protection inasmuch as the Angel Shark mission was in fact classified Top Secret Level Two that means that information and materials which in accordance with Executive Order 12356 as well as OPNAVINST 5510.
1 and DOD Directive Two protection may not be presented in Level One proceedings.
Clear? Oh, yeah, I think I get it.
We can't tell the court why it needs to be declassified because the reason it's classified is classified.
You've got it.
Sign these, please.
Each of you has been granted interim SCI clearance which means that you are responsible for maintaining protected information in the interests of national security.
What have you got for me? Home movies.
Shot by the Skipper's wife the day he left for his last deployment.
Sad.
Turner: There were 129 men on that boat All volunteers most of them barely into their 2os about to spend three months under the surface out of touch with their families on a mission so secret all but a few of them didn't even know what it was.
Chief of the Boat, take her down.
Make your depth one-five-zero feet.
Aye, aye, sir.
Depth one-five-zero feet.
Chief of the Watch on the one-M-C, dive, dive.
Turner: Says here 43 were married, all of them had mothers, fathers, sisters and brothers Waiting for them to come home.
MacKENZIE: And they're still waiting.
May I speak frankly? Please.
I know you're doing this for the families of men who gave their lives for their country.
But those men all signed oaths of confidentiality.
I can get you copies if you'd like.
I'd hate to see the Navy and the CIA get into another ugly fight over this.
We should really try to make it go away.
What do you suggest? Drop the court of inquiry.
Don't put us in a corner and we won't have to defend our turf.
RABB: Here's an idea.
Since we're derivative classifiers tell us why the CIA wants it kept secret.
Maybe we can come to a compromise Make everybody happy.
I can't do that.
Sorry.
Why not? You don't know why, do you? I don't need to know.
You sure about that, counselor? How do you know you're doing the right thing? If I'm doing my job right, I'm doing the right thing.
Get me copies and send me the witness list as soon as you can.
I'll want to accompany you on any preliminary interviews.
ROBERTS: You're kidding.
( typing ): Lieutenant Singer is still sick.
COATES: I'm telling you, sir she picked up some kind of virus before she left the States.
Sounds serious.
I keep telling her she should go to sick call but she won't do it.
She's very stubborn.
Sounds like Singer.
Harriet: Hi, sweetie, it's me.
Got to go.
See you.
I'm in here.
Hey.
Are you online with Coates again gossiping about Singer? Yeah, the Lieutenant's having a hard time of it.
Why doesn't that surprise me? Wish I had time for a pen pal.
You need anything? Yeah.
Come here.
Sit down.
Sweetie, I'm in a hurry.
I got to be back by 2:00.
You hungry? Starving.
All right, I'll make you a sandwich before I go.
Hey, Harriet? Hey.
Are you mad at me? No.
Should I be? No.
I was just Thinking Maybe I should IM you once in a while.
Touché.
Thanks.
I was just talking about you today.
Really? You're here about the Angel Shark, right? You think because we nailed Kabir together you can tap me anytime there's a problem? Look, Clay I got a message for you.
The DCI is not going to declassify a Top Secret Level Two compartmented operation just because the SECNAV wants him to.
"Compartmented operation.
" So, it was a Black Op.
Of course it was.
Submarines were the most important espionage tool we had in the Cold War.
Everything was a secret.
The Cold War is over, Clay.
Why keep it up? Haven't a clue.
Angel Shark was a special project sub.
If I had to guess, I'd say she was a boomer modified to tap underwater telephone cables.
Something went wrong with the mission.
What, why or where I don't know.
Yeah, but you could find out.
I have been very specifically instructed to stay out of this case and to stay away from you by the DCI personally.
What's he got to hide? I like my job, Rabb.
I'm not going to be your guy on this one.
Leave me out of it.
Turner: Where did the first court of inquiry say the Angel Shark was deployed? MacKENZIE: Deep ocean Pacific.
Uh-uh.
Uh-uh.
If she was cable-tapping it was either in the Sea of Okhotsk or in the Barents.
Seeing as how she left out of San Diego I'd say it was the Okhotsk.
So, what's the big deal? Isn't this all out in the open now? Well, uh, more or less.
The Russians found a tap we had in the Barents Sea in the '8os.
They put it on display in Moscow.
"Property of the United States Government" stamped all over it.
Granted, CIA had good reason to keep it secret then.
Now, they don't.
Unless there's another reason.
What? There's a rumor about Spec-Ops boats.
I didn't believe it, but The stories were they carried self-destruct charges.
What they were doing was so secret they had orders to scuttle if they got caught.
Scuttle a submarine? Take her to the bottom.
With everyone on board? MacKENZIE: Harm, we're ready to go.
RABB: You guys go on.
I'll be right there.
How long is it going to take us to get there, you figure? SIMS: Morning, ma'am.
Sir.
This is for you from Bud.
It's everything he could find on the Internet about the Angel Shark.
Great.
Did we ask for this? I did.
Unofficially.
Anything that keeps me off the Internet is a good thing.
RABB: Harriet.
Morning, sir.
Hey, how's Bud? He's really good.
He's making real progress with his prosthesis, sir.
How are you doing? I'm okay.
I'm just really tired.
The minute I put A.
J.
down, I fall right to sleep and then Bud has insomnia so he stays up all night.
Um, we have to go.
Tell Bud thanks.
Uh, yes, ma'am.
I'll see you later.
Thank you, sir.
Turner: Hey, are we sure we aren't getting Bud's hopes up too high? We don't know when or if he's coming back to work.
Feeling useful helps with rehab.
Besides, I made Bud promise no conspiracy theories.
CATHERINE: Admiral, as counsel for the CIA I'm here to represent you in your former capacity as Commander, Submarine Force, Pacific Fleet.
ATWATER: Am I allowed to answer questions? Have they been cleared? They've received interim clearance, Admiral.
They know there's a difference between what they might hear and what they can say.
Turner: Where was the Angel Shark deployed, Admiral? Angel Shark was deployed to the Sea of Okhotsk.
On a cable-tapping mission, sir? Yes.
The mission had come down from the top.
It had Brick-Bat Oh-One Authority.
The President had to approve it, it was that sensitive.
If something went wrong, if the Russians had found our subs in their water listening to their telephone conversations it could have started World War III.
MacKENZIE: But something did go wrong didn't it, sir? Obviously.
Would you be willing to testify at a Court of Inquiry, Admiral? I want to stress, sir, you're under no obligation to appear.
You want my testimony you shall have it.
It goes like this: Angel Shark's last deployment was Top Secret Level Two compartmented mission.
Period.
That okay? Sounds fine, Admiral.
Are we through? One last question, sir.
Did the Angel Shark have a self-destruct mechanism on board? ( chuckles ) I've heard that rumor.
There were no self-destruct mechanisms aboard Special-Ops boats.
You really think that the Navy would sacrifice its men and send its nukes to the bottom of the ocean to protect its secrets? Nice car.
Lawyering for spooks has its advantages.
Bud must have been up all night.
He printed this out at 4:00 A.
M.
He says he checked every Web site that mentioned the Angel Shark and came up with nothing except maybe this one cross-reference about a CIA agent who committed suicide in 1968 two days after the Angel Shark went missing.
A double agent? What would have happened if the Angel Shark's mission had been compromised? The Soviets would have been lying in wait for her probably with a Victor-class hunter-killer.
Skipper, we've got company, sir.
I'm picking up faint screw noises.
Surface vessel? No, sir.
It's a sub.
Bearing one-nine-seven degrees, sir.
All stop.
All stop.
Aye, sir.
Range? He's close, sir.
Within 1,500 yards.
Left full rudder.
Come to course zero-nine-zero.
All ahead one-third.
Aye, sir.
Left full rudder.
Come to course zero-nine-zero.
All ahead one-third.
Aye, sir.
Sneak us out of here, COB.
Nice and quiet.
( pinging ) He's going active, sir.
All ahead flank.
Aye, aye, sir.
All ahead flank.
Turner: The Captain would have had no choice.
He'd try to get out of there if he could.
And what if he couldn't? What about the other sub? The Angel Shark was much slower than a fast-attack.
Victor would catch her.
And sink her? Might happen.
Would the Navy have kept it a secret? The CIA definitely would have.
WEBB: The Admiral denied it, didn't he? Yes.
Convincingly? You could say he laughed it off.
Then why worry about it? I don't like working in the dark like this.
You'd better get used it.
It's the CIA.
And you don't have to whisper.
We don't bug ourselves.
What can you tell me about Commander Rabb? What you see is what you get.
He doesn't give up.
Is there any way to rattle him throw him off his game? No.
What about Colonel MacKenzie or Commander Turner? Catherine, I've been ordered to stay out of this.
That's what I intend to do.
Okay, sorry.
Any suggestions? Yeah, keep up the good work.
RABB: Admiral, you were Chief of Naval Operations when the Angel Shark was lost in '68, sir.
Is it possible a Soviet submarine sunk her while she was deployed in the Sea of Okhotsk? I don't believe that's possible.
Why not, sir? If the Angel Shark had engaged with a Soviet warship and been sunk by him the Soviets would have had to assume a hostile response from us.
They would have prepared for it.
There would have been indications and warnings.
There were not any.
Why do you think she went down, sir? Gale: Admiral, if they're asking you to speculate, there's no reason to go there.
I have no opinion.
Is that because you know, Admiral? RABB: Sir, if her mission was so sensitive it could have started a nuclear war what were her orders if she were found out? Her orders were to get the hell out of there.
What did you do once you knew the Angel Shark had been lost, Admiral? We went looking for her.
And we found her in 1969.
You found the Angel Shark, sir? She floated a radio buoy just before Well, just before the end.
Gale: Admiral, I have to caution you You signed a non-disclosure agreement which I have a copy As you were, Ms.
Gale.
I know what I signed.
The recovery was also led by the CIA.
And I won't say anything more about it.
Thank you, Admiral.
This interview is concluded.
None of this can be presented before the court.
The SECNAV called twice today to see how things were going so what do you have that can be presented before the court? A spy sub that was somewhere she wasn't supposed to be no mission records and no survivors no physical evidence and no one in the chain of command who can talk about it.
That's not very encouraging.
No, sir.
Any bright ideas? RABB: Yes, sir.
We request permission to issue a subpoena for documents.
See how the CIA feels about defying a court order.
Be taking it public.
Press gets a hold of it, we lose SECNAV's not going to be happy.
We feel it's worth the risk, sir.
You all agree? Yes, sir.
Yes, sir.
Permission granted.
Somehow I feel this isn't going to be a pleasant surprise.
You're very intuitive, Ms.
Gale.
He'll wait here.
MAN: Yes, ma'am.
How's the socket feel? I could do this all day long.
Well, you've been doing it for five minutes.
That should be long enough.
Why? ( groans ) That's why.
Here.
Thanks.
Just when I thought I was getting the hang of it.
Let's take a break.
I'll make you a deal.
We can take a break if you'll let me take this home.
Absolutely not.
Oh, come on, Lieutenant.
You know that I'm ready.
I know that you've overdone it already.
You need to set easy goals.
Everything takes time.
Yes, Mother.
( chuckling ) I'm serious.
You have a handful of shrapnel in your other leg and you don't want to overstress it.
So you're saying that my good leg isn't my good leg? I'm just saying you can't climb Mount Everest in a day.
Take it one step at a time.
Whatever you say.
One step at a time.
( grunting ) Gale: We're complying with the request for documents.
Really? Really.
What are you doing? There aren't any.
Why? What were they lost? Destroyed? They're Top Secret Level Two classified.
Since when five minutes ago? I want a list of every piece of evidence and every document you're not producing.
You'll have it in court.
Thought you had orders to stay away from me.
That was before you went into open court to get that subpoena.
Now my boss is afraid you'll go running to the press.
Not a bad idea.
Might get the attention of the President.
He may wonder why the CIA has nothing better to do than to keep a secret that's 34 years old.
Don't do it, Rabb.
Either way it turns out, you lose.
This isn't about me, Clay.
And it's not about need-to-know either.
It's about real people with a hole in their lives that can't be filled with anything other than the truth.
They need to know because if they don't, it'll keep eating away at them.
They need to know that they're not going to wake up in the middle of the night every night for the rest of their lives wondering what happened to the people they loved.
Some people give up that right to know.
Maybe not voluntarily.
Maybe it's taken away from them.
But it's gone nonetheless.
That's the way it is for the families of the stars on this wall.
Yeah.
At least they have a star.
Where are the stars for the crew of the Angel Shark? RABB: Gentlemen, you have before you the findings of the original court of inquiry which was in held in 1969.
We intend to present testimony which will show that these findings were based on information which placed the Angel Shark in the Western Pacific when in fact she was deployed in the Sea of Okhotsk.
We know why the cover story was issued at the time In the interest of national security But that time has long past and what we do not know is why the truth still remains hidden today.
Why there is a five-page list of evidence which still cannot be considered 34 years after the Angel Shark was lost.
Why the families of 129 brave men who gave their lives in the service of their country are being kept in the dark about what happened to their loved ones.
Easy goals.
I was the Commander of the Submarine Force, US Pacific Fleet from 1967 until retirement in 1970.
What can you tell us of the last deployment of the USS Angel Shark? Very little.
Is that because it was on a CIA espionage mission details of which you didn't need to know? That is correct.
Sir, how did you feel when you learned the Angel Shark had been lost? I knew most of the men aboard that boat.
Joe Dorning was my last XO before I was kicked upstairs.
They were my boys.
How do you think I felt? Admiral, do you know of any reason why the fa of the USS Angel Shark and the 129 men in her crew should be kept secret from the families of those men No.
Thank you.
Nothing further.
Admiral, isn't secrecy an integral part of submarine warfare? Yes.
'Cause the great advantage of a submarine is surprise? That is one advantage, yes.
And isn't the purpose of secrecy to protect your ability to surprise the enemy? Well, that seems to be self-evident, doesn't it? Yes, sir.
I believe it is self-evident.
And because the actual nature of the Angel Shark mission was in fact kept secret, even from you there's no way you can know whether or not there's a reason for it to remain a secret, is there? No, Ms.
Gale, there isn't.
Thank you, Admiral.
Screw easy goals.
( grunting ) ( grunting ) Turner: And as Chief of Naval Operations in 1969, were you responsible for recovery of the USS Angel Shark? It was a joint Navy-CIA operation.
My responsibility was to the Navy.
Can you tell us if you found her, sir? No.
Why not, sir? The clearance level of this court is not high enough.
Top Secret Level One clearance isn't high enough, sir? No.
The Angel Shark mission and any recovery was and still is Level Two.
Do you know why that is, Admiral? I do.
But you can't tell us that either, can you, sir? No.
One last question, Admiral.
Why did you agree to come here today when you knew that there would be so many questions that you wouldn't be able to answer? Every year, I hear from the families of the men who were lost Wondering, hoping.
Every year, they're disappointed.
I'd like to see that end.
Thank you, sir.
Nothing further.
Ms.
Gale? No questions for this witness, sir.
Thank you, Admiral.
Next witness.
We call Norman Watts Director of the Central Intelligence Agency.
Sir, we object to this.
Why? Lack of relevance, sir.
The DCI is no more free to testify to Level Two classified matters than the previous witness.
We feel that the Judge Advocate General is attempting to play on sentiment in the absence of evidence.
Point is taken and noted, Ms.
Gale.
However, in light of complicated and inflexible regulations governing levels of classification I think this court would like to hear from Director Watts.
( panting ) ( grunting ) Oh! Ow! RABB: Director Watts, do you have the authority to declassify information pertaining to the disappearance of the USS Angel Shark in 1968, sir and any subsequent recovery operations undertaken since then? Yes.
Does anyone else have this authority? No.
Not Congress or the President? Only the original classifying authority can declassify.
If Congress or the President had a need to know, then, of course that information would be made available to them.
Then you, sir, are in a position to keep secrets from the President of the United States? Theoretically, technically, yes.
Practically speaking, of course not.
So clearance level, Top Secret, whatever isn't the determining factor.
It's need-to-know, period? In the final analysis, yes.
And who decides who needs to know, sir? Is that the original classifying authority again? That's right.
Under what circumstances would you as OCA be prepared to declassify what happened to the Angel Shark? I can't answer that, sir.
Because this court doesn't need to know? As I understand this court of inquiry the issues here are humanitarian.
I sympathize.
I'm sure everyone in this room does.
But national secrets are secret for a reason.
If we can't keep our secrets especially in time of war and after 9-11 then how can we expect our friends and allies to trust us? ( grunts in pain ) ( gasping ) ( laughing ) I'll have dinner in 20 minutes.
I told you, I'll cook.
Mac, we're likely going to lose in court tomorrow.
Tonight I want to feel like I accomplished something, so Getting me to cook isn't an accomplishment? Getting you to sit down is an accomplishment.
I'll cook.
All right.
Since when did you get a TV? TV? Yeah, when'd you break down and get one? This isn't mine.
Somebody put this TV here, Mac.
Somebody broke into your home and left you a television? Well, they would have had to if they want me to watch this tape.
There's one civilian present.
You recognize him? It's DCI Watts.
Your boss was the CIA agent in charge of the Angel Shark mission.
RABB: Maybe now you'll ask him why he refuses to declassify it.
How did you get this? That, Ms.
Gale, you do not need to know.
What do you intend to do with it? Present it to the court of inquiry.
They'll refuse to see it.
RABB: No, they won't.
It's new and compelling evidence.
And it's not on your list.
I didn't know it existed.
Secrets within secrets.
Look, we think we know what happened.
There was a traitor in the CIA on your boss's watch.
The Angel Shark's mission was compromised.
A Soviet submarine was waiting for her when she got to the Sea of Okhotsk.
But she wasn't torpedoed.
And there were no self-destruct mechanisms You've already established that.
We think a collision.
It happened often enough during the Cold War and when it did, both sides kept it secret.
But not for 34 years.
Let me talk to the DCI.
Maybe we can work something out.
RABB: I have a suggestion.
Tell the DCI he can keep some of it secret.
Just let the families know what happened to the Angel Shark and let them see this tape.
I'll get back to you.
Bud? D? I'm up here.
What are you doing? What does it look like? I'm in our bed for the first time.
Mommy It's okay, sweetie.
Go back to sleep.
Here.
No, no, no, no.
Not here.
He has his own bed.
I know, but he's been sleeping with me since Now is the time for him to sleep in his own room.
I'll be right back.
I'm not going anywhere.
This is great.
It's got a great view.
The fireplace is wonderful.
What were you thinking? Why are you so mad? How about you could have killed yourself? Is it that or is it something else, Harriet? What do you mean? I'm in bed.
You're here Why don't you go over and close the door and come here.
I think it's time.
I don't know.
Does the idea repulse you? No! Of course not! Because if it does I understand.
It's probably normal.
No.
It just took me by surprise, that's all.
I mean, I have thought of it.
Harriet, it's okay.
It's okay.
You're just not ready.
No, I am.
I mean, I want to.
I'm just So am I.
Honey I'm not a freak.
I just Lost a little weight finally.
You are awful.
I'm not awful.
I miss you.
MAN: I understand a comprise has been reached.
Yes, sir.
The Original Classifying Authority has agreed to a partial declassification of materials pertaining to the loss of the USS Angel Shark in the interest of closure for the families of the men who lost their lives on her final mission.
And this is satisfactory to the Navy? It is, sir.
Ms.
Gale, does the OCA concur? We do, sir.
Please tell the court for the record what the families are now entitled to know.
Sir, on December 21, 1968 USS Angel Shark, SSGN559 collided with a Soviet Victor-class fast-attack submarine in the Sea of Okhotsk.
Bearing one-six-five degrees.
Range 900 yards and closing.
Sir, he's at full power.
Making so much noise cavitating I don't think he knows exactly where we are.
Ping him.
Going active, aye.
( pinging ) No change in target bearing.
Range 800 yards and closing.
What's his depth? I can't tell, sir.
Above us or below us? I can't tell, sir.
He's coming in too loud and too fast.
Give me a guess.
Go down, sir.
He's right on top of us.
on the bow.
aye, sir.
( pinging ) He's going to hit us, sir.
Sound the collision alarm.
Rig the ship for impact.
( alarm blaring ) ( crashing ) Damage report.
Sir, we have a problem.
Stern planes are jammed in full dive position and the fairwater planes aren't responding.
Just get us the hell out of here, Helm.
We'll worry about the planes later.
Damage from the collision made it impossible to control the ship's depth.
In other words, to go forward the submarine also had to go down and at some point she would reach crush depth.
Passing 1,000 feet.
Where is he, Sonar? He's circled back, Skipper.
Bearing two-six-zero and slowing.
Now he knows where we are.
What's our speed? Steady as you go.
What the hell was he doing there? How'd he know we were coming? Passing 1,200 feet.
Captain, passing 1,300 feet.
( rumbling ) ( rumbling grows louder ) Passing 1,400 feet, sir.
All stop.
Aye, aye, sir.
All stop.
All stopped, aye.
Equalize the ballast tanks.
Neutral buoyancy.
Neutral buoyancy.
Aye, sir.
Equalize ballast tanks.
Neutral buoyancy.
Sonar? He's right above us, sir.
His depth is 800 feet and he's hovering.
He's waiting for us to give up.
Are we going to give up, Skipper? Hell, no.
We'll wait him out.
Commander Dorning was left with only one choice: To hover at 1,400 feet, perilously close to crush depth and wait for the Soviet Victor to give up the chase.
In that event they planned to deploy the radio buoy make an emergency transmission giving their location, then await rescue.
But before that could happen, the ship's pressure hull also damaged by the collision, ruptured.
Sir, we have flooding in the forward compartment.
All back emergency! Blow the ballast tanks! Aye, sir, all back emergency.
Blow the tanks.
She won't blow, sir.
Negative, sir.
Negative.
Ballast will not blow.
Passing 1,500 feet.
Speed's increasing.
Deploy the buoy, COB.
Aye, aye, sir.
Deploy the buoy.
Start emergency transmission and keep it going.
Let them know what's happened.
Aye, sir.
The recoveryffort was immediate.
The cable-tapping equipment had to be secured and it was.
Your father saw to that.
Thank you, Edward.
This is no small comfort.
There's more, Lillian.
They didn't just bring up the equipment.
They brought up bodies, too.
And they gave them a military funeral and burial at sea with full honors.
They couldn't reveal it at the time.
It had to be kept secret.
But it was filmed by the CIA.
And It's all on here.
I hear your boss gave you a new assignment.
He was not happy.
Somewhere in South America? Anywhere I know? Deputy Chief of Station, Paramaribo.
Where's that? Surinam.
Just 200 miles from Devil's Island.
Ouch.
Well, it could have been worse.
Could have been Canada.
This is better than stars on a wall.
Yeah, it is.