JAG s10e04 Episode Script
Whole New Ball Game
My dad listens to this stuff.
Says they quit making good music in 1977.
The year Elvis died.
That was a long time ago, sir.
You calling the general and me old, Lieutenant? No, sir, Colonel.
You can tell your dad it was actually 1970, beginning of the Vegas years.
SAM dead ahead! Salvo! Chaff and flares! Mike, X-Ray-three-one! Mayday! Mayday! We are going down! Hold on, Joe! Lieutenant? Lieutenant! General Bixby.
Sir, we have a situation here.
We are egressing from the aircraft, sir! Can't do it, Colonel.
Can't move my legs.
Can you feel your toes, sir? I can't tell.
Well, if you can't feel them, they're not hurting, and you can give me a hand.
I'll go first, and pull your sociable half out after me.
Leave me here, Colonel.
No, sir! That's an order.
Sir, I am taking command and tasking you with helping me get you the hell out of here.
Now, square yourself away, sir- you're a Marine! Come on! Master Sergeant, the colonel has a call from the White House.
Thank you, sir.
Colonel.
You got friends in high places.
It's the White House.
Colonel Cresswell.
Yes, sir.
I understand.
I will.
Yes, sir.
Thank you, Mr.
President.
Good morning, Colonel.
Good morning.
Good morning, ma'am.
Good morning, Bud.
You look well-rested.
Well, thank you.
I finally got a good night's sleep.
Hey, anything from the SECNAV's office on who our new boss is gonna be? It's been months since Admiral Chegwidden retired.
No, ma'am, and you no news is good news.
Except in this case, any news would be good news, given the temp they've saddled us with.
Any chance you and Turner might bury the hatchet? I can think of a few places I'd like to bury the hatchet.
Sirs, ma'am.
No need to quit gossiping on my account.
We were done gossiping, Coates.
In that case, your presence and the colonel's is requested in Commander Turner's office.
Uh, that's, uh, Commander Turner's temporary office.
A Navy frigate, the Hennessey, has had an altercation with a vessel of another nation.
Friend or foe? Your call- it's Canada.
One of our sailors shot and injured one of their fishermen.
He's First Nation, and his father sits on the local Tribal Council.
Before this becomes an international debacle, I want to find out what happened.
And you think it's gonna take two of us to do that? Our neighbors to the north haven't exactly been in our corner lately.
This isn't gonna help them get there.
Which is why I'm sending you both.
There's been enough conflict between Washington and Ottawa lately.
That's it? That's it.
Good luck.
You are aware that the Oval Office has taken an interest in this billet at JAG headquarters.
Yes, sir, the Corps is extremely proud that the President wants a Marine to compete for the job.
Mm.
I've been reading up on your lead candidate, General.
It's been years since I've practiced law, so I can appreciate the sparsity of legalese in his essays.
But sometimes mincing words is a necessary evil for a nominee.
Well, we don't have many poets in the Marine Corps, sir.
How well do you know him? Not as well as I'd like.
He's just six months in as Counsel to the Chairman of the Joint Chiefs.
SJA in Iraq, with the First MEF before that.
Recently wounded in combat, and determined not to let it end his military career.
In short, he's a Marine.
The kind the Marine Corps prides itself on, whether he fits the administrative mold or not.
So do you think the JAG post is just another bureaucratic desk job? Mr.
Secretary, I have a desk job.
It's the best way I can think of to keep old war horses like myself in the game.
Colonel Cresswall's heroics in Iraq aside, he's a lawyer and a damn good one.
His days of getting shot down in helos are over.
I can't think of a better billet than judge advocate general as a capstone for that Marine's career.
A.
J.
Chegwidden left big shoes to fill.
The journalists loved him, his press conferences were legendary, and all his own people regarded him as a friend.
Every leader has his own style, sir.
My point, General, is that the billet that Colonel Cresswell is being considered for involves a hell of a lot more than just good lawyering.
Nobody wants the President's favorite to wash out in this election process, and nobody wants to saddle our fine JAG lawyers with a commander so bereft of people skills that he alienates the lot of them.
I want your honest assessment of your Marine.
Mr.
Secretary, the Marine Corps isn't a charm school.
That said, don't underestimate a man just because he's forthright.
That's what we train them to be.
My Marine can handle anything you plan to throw at him, sir.
Welcome aboard, Commander, Colonel.
This message just came for you, sir.
And I'll show you to your quarters, and then the skipper will see you.
Thank you, Lieutenant.
Oh, it's from Bud.
Turner wants us to contact him.
Anything else? Oh, yeah, more scuttlebutt on the, uh, potential new JAG.
Hmm.
There's a name floating around the Pentagon.
Hopefully, this one'll have more luck than the last three candidates.
This one's a Marine.
The first judge advocate of the Navy was a Marine, Colonel William Butler Remey.
Well, that was back when Edison was perfecting the lightbulb.
There's a reason we haven't had a Marine JAG since then.
And that is? Look, don't get me wrong, but if I was in a foxhole, there's no one I'd rather have on my side than a Marine.
However, as the legal counsel for the entire Navy, Marines just don't have the correct temperament for that position.
Harm, you're so predictable.
A Marine JAG would shake things up around the office.
Who is it? It's, uh, Colonel Gordon Cresswell.
What? You know him? Yeah, maybe I've heard of him.
Hang on a second - he's gonna be my commanding officer as well.
If you know something, spit it out.
I don't know anything that would affect you, okay? Enter.
Commander Nesbit.
Colonel, Commander.
Thanks for flying out.
Have a seat.
Thank you, Commander.
So, uh, what can you tell us about the events that led up to the shooting? We were on a training run.
We got a civilian radio call.
A small American fishing boat claims they were being hijacked by a Canadian fishing boat.
Did you find any evidence to support that claim? Both sides were armed, each claiming the other was poaching.
Turns out they were both wrong.
They were way out in international waters.
I didn't have any jurisdiction to hold the fishing boats, but the Canadian shooting victim turned out to be the boat skipper's son.
Father and son are aboard.
Kid's mending in sickbay.
What about the captain of the American fishing boat? All too happy to stay.
Says he hasn't been on a Navy vessel since he served aboard the Princeton.
Our crime scene may have sailed away, but at least we have eyewitnesses.
And what about the shooter? Young ensign that's never fired his weapon outside a training exercise.
He's confined to his stateroom.
Ensign Geery.
Sir.
Ma'am.
Stand easy.
I heard you were aboard.
We'd like to talk to you about the night you discharged your sidearm.
Captain Nesbit sent launches to each of the fishing boats to see if we might be able to reason with them.
I was in command of the launch sent to the Canadian boat.
Their skipper told us the guns they had were stowed below deck.
Before we could ask permission to board, one of them pulled a rifle.
Ensign, how long have you served aboard this ship? Two months.
I'm fresh out of the Academy, ma'am.
We were in heavy seas in an inflatable boat, sir.
One shot would've taken us to the bottom.
I'm sorry I shot that man but you can see why I had to do it, can't you? I can't believe I'm convening a JAG Selection Board with Marine Corps records in front of it.
I mean, I'll be damned to hell.
I've never doubted that for a second, Ed.
Cheers.
Cheers.
Colonel Cresswell's selection won't make you very popular with the Navy's flag officers.
The Colonel's record is so clean, I mean, you could eat dinner off of it.
He's the kind of down-home, church-going family man that this administration just loves to promote.
And so, I won't allow petty grievances between the Navy and the Marine Corps to rain on the President's picnic.
Besides, my job is not a popularity contest.
Isn't it? Would you be so quick to convene this board if this guy wasn't our boss's hand-picked candidate? Well, the President's confidence is Cresswell's best qualification.
However, I'm not so much of a political animal that I would approve a board pick that wasn't fit for the job.
You know, much as I appreciate you breaking out the 18-year-old, Ed, it does make me wonder what's up your sleeve.
I want you to serve as president of the Selection Board.
Is this an effort to show impartiality, or do you just want a fly on the wall? I want someone in the room that I trust, that's all.
Your aspirations vis-a-vis the commander in chief won't change my behavior in that room, Ed, no matter how far we go back.
Oh, surely, you're not accusing me of command influence.
I'm just warning an old pal to tread lightly.
Putting one of your closest friends on that board could be construed as impropriety.
Irregular times call for irregular measures.
Colonel Cresswell, we haven't met.
Edward Sheffield.
Sir.
Pleasure.
I thought I'd come and visit you on your own turf, as it were.
May I? Please.
Thank you.
Please, go ahead and eat your lunch.
I know Marines like to stick to schedule.
Yes, sir.
Congratulations on making the short list for the new JAG post.
And it must make you feel good, to know the commander in chief has taken a personal interest.
Yes, sir.
I've heard that you're a man of few words.
It's kind of unusual for a lawyer, isn't it? I try to choose those few words carefully, sir.
Well, you may want to expand your vocabulary here, Colonel.
The post you're in line for is the highest post a Naval lawyer can attain.
By statute, it's a two-star billet, so you would be promoted to major general.
It's also a terminal position.
Oh, you've got plans for retirement? Civilian law firm or staff counsel on the Hill? I don't have a civilian job waiting for me, sir.
And the only deal I have in place is with the United States Marine Corps.
Your record makes gripping reading, Colonel.
Small-town boy raised on the family's apple orchard, outskirts of nowhere.
Uh, you must have picked a million of these in your time.
The fact that you still like them is a testament to a happy childhood.
But if you pick an apple too soon, you may be sorry you did.
Take it too late and you'll end up feeding it to the pigs.
Well, that's somewhat like military appointments, Colonel.
If you fail to get selected this time, you won't have a second chance.
Sir, I, uh, I know the President's rattled a few cages putting my name in the hat.
Can I do the job? Yes.
Do I expect to become the first Marine in over a century to be the judge advocate general? That's for the Selection Board to decide.
Well, you have a reputation for shunning politics, Colonel.
Whether you like it or not, Judge advocate general is a political appointment, and I personally don't believe the President's sudden interest in you is based solely on your record book.
I met the President in Iraq, Thanksgiving, last year.
Didn't see him again until he happened past my hospital bed in Bethesda four months later.
He remembered me, but we're not friends, and I'm not benefiting from any personal association with the White House, sir.
Truth is, I do speak plainly, and I listen the same way.
Respectfully, next time you want to talk about apples, let's leave the President out of it sir.
Commander.
I got a call from SECNAV today.
He asked me for someone to act as recorder at the Selection Board for Admiral Chegwidden's replacement.
I chose you.
Thank you, sir.
What does this honor entail exactly? You'll be in charge of the records and making sure the panel members keep their facts straight.
I can do that.
I know you can.
I think.
You've, uh, been my right hand man since I took the reins here, Bud.
I won't forget that.
I've enjoyed being useful, sir.
Good luck.
Commander.
I gotta go.
Bye.
Hey, hey.
Harm asked me to check on things.
You figured a few long-distance calls were a fair trade? That was Kevin.
He's got his license, so Dad's letting us drive to Reesedale next weekend to see a movie.
Pretty cool, huh? Well, I think it's cool that we can walk to a movie theater from this apartment.
The theater at Reesedale's a drive-in.
Mattie just just make sure you don't rush into anything, okay? You can never redo your first time.
Whoa.
You're almost as bad as Harm.
He tried giving me the whole sex-talk thing, too.
How'd it go? I think he learned a lot.
But seriously, he was totally embarrassed.
He said I should talk to my dad, but I know his heart was in the right place.
He's just trying to be a good parent.
Bet if I'd had one like him, I wouldn't have made so many mistakes.
Well, you don't have to worry about me 'cause Kevin and I have been best friends since, like, the first grade, and my dad is totally doing the parent thing: curfew, rules, the whole deal.
So you've said.
I'm I'm sorry if I've been talking about home nonstop.
You know, it's just nice to have a chance to sleep in my old bed and to have my old dad back, the one who wasn't drunk all the time.
Last weekend, we managed to get through my mom's things, and I was able to remember my mom without my anger at my dad getting in the way.
I just have this feeling that someday you're going to decide you're better off back there.
I know that Harm talked you into, you know, taking our apartment, and I know that you'll have trouble affording the rent if I leave Mattie, don't worry about the rent.
I'll survive.
I always have.
I'm just glad you're back.
I'm really glad.
You were pretty far from land for a boat that size.
We must go where the fish take us.
You can't be competitive sticking to the land anymore.
Because of the Americans? I run my grandfather's old 40-foot trawler out by the border waters.
It's the only place I can get a decent haul.
George Young, he comes up here, he takes the little fish, uses nets that I'm not allowed to use.
And he gets my son shot.
I know Wolf Tillicum is going to blame me for this.
But I was close enough to the shooting to see that the ensign acted in self-defense.
You saw a weapon in Marcus Tillicum's hand? My son did not have a gun.
And Young is lying if he says otherwise.
You got to understand something; this guy is dangerous.
He pulled guns on us.
He accused us of poaching.
You'd rather be at war with George Young for the rest of your life than to try to resolve this? How can I resolve anything with a crazy person like Young? He's trying to ruin me! Colonel Cresswell served in Iraq as SJA with the First MEF and was wounded in combat.
He received a Silver Star, Purple Heart and was appointed legal advisor to the Chairman of the Joint Chiefs.
So, let's open the floor for discussion, shall we? Are we ready to believe that a Marine is the best person to serve as Chief Counsel to the Chief of Naval Operations? Because that is one of the things that we're here to discuss.
I don't know where it's written that a Marine can't advise the Navy on military law.
After all, the Navy's been advising the Marine Corps for a hundred years.
I concur.
Our lawyers all study the same play book.
Historically, Marine judge advocates have been strict constructionists of the UCMJ.
Does Colonel Cresswell have the adaptability to command Naval personnel in a fast-changing legal climate? Something to add, Commander? Respectfully, Admiral, statistically, Marine judge advocates have consistently scored on par with Navy JAGs as far as command success in the history of the JAG Corps, sir.
Thank you, Commander.
Thank you, Commander.
I noticed that the colonel has special fitreps from an assistant secretary and multiple Marine general officers.
I'd have preferred to see a nod from at least one Navy flag officer.
It is ludicrous to think that a Marine should go chasing a Navy fitrep when three-star Marines and civilian leadership at the Pentagon rate him as a water-walker.
Given that a Marine record has not appeared before this particular board in over a century, perhaps our board president can tell us what is and what isn't ludicrous.
Commander Roberts, in reviewing SECNAV's precept, did you see any mention of a Navy flag officer's evaluation as a prerequisite for selection? I did not, Admiral.
Thank you, Commander.
Ocean Law has always been the definition of a Navy lawyer.
Colonel Cresswell was SJA for Headquarters Marine Fleet Atlantic.
Additionally, we're not fighting sea battles anymore.
This is a ground force military now, and the ground force for the United States Navy is the Marine Corps.
And how do you propose to get to that battleground? By water taxi? Oh, we have always appreciated the transport.
And you can thank us for the fact that once you get there, the enemy's already been battered by our air strikes flying off of our carriers.
Your point is made, Admiral.
General Willsey is simply suggesting that our Marines in combat might appreciate knowing that one of their own is interpreting the rules of the game.
So having a Navy flag officer at the helm is bad for morale?! When Marines are dying because some lawyer's tied their hands behind their backs, yes! Commander Roberts, how many cases have we had of JAG lawyers tying Marines' hands behind their backs? Sir? Don't be obtuse, Connelly! No, I am genuinely curious, Commander.
How many? There are no stock options in public service, Commander.
The perks are these brushes with history.
Wow.
I've never known anybody that played golf with Gorbachev, sir.
I don't want to keep you, Commander.
I'm sure you want to be getting home and dinner.
I kind of wish that I could have dinner at your house tonight.
Just to hear about your day.
Uh, you know, sir, that I-I can't discuss anything about the Selection Board proceedings until after Admiral Kly reports the results.
Oh, of course, Commander.
Still, that must have been some session today.
A lot of strong opinions in the room.
And General Willsey has a- she's got a bad temper, I hear.
Well, she is a a woman with a great amount of passion.
That's for sure, sir.
She gets her way, does she? I didn't say that, sir.
Oh, and Novak must have been steamed.
Well, the admiral conducted himself with the utmost professionalism, sir.
Oh, he kept his head, did he? Yes, sir, uh, very controlled.
Despite being bested by a couple of Marines.
Exactly, sir.
Well, I'm sure you want to be running along, Commander.
Colonel.
Colonel! You have a visitor, sir.
Congratulations.
You're the nominee.
So the Selection Board had its call-out, sir? I'm not in the habit of waiting for the ink to dry before starting the party.
So, it's not official? Not yet, but it will be.
You know, it's possible to take this Marine stoicism to the point where it smacks of indifference.
Sir, that isn't my intention.
I'll wait to celebrate until the Board's report is filed and the results made public.
Are you at all happy about the promotion? Yes, sir.
Might as well tell you, the, uh the part of me you you find unsettling- the the Marine part- isn't going to go away.
We should be clear on that.
You know, for a guy who barely speaks, you've got a canny way of getting your point across.
I just spoke to Bud.
The Selection Board has filed a report.
It's official.
Colonel Cresswell is now the new JAG.
So you want to tell me what the problem with this guy is, or? Not really, but you're not gonna let it go.
Cresswell was the staff judge advocate in Okinawa when I first got there.
He knew about my affair with John Farrow.
Even made sure Farrow got his letter of reprimand.
If I hadn't already got my rotation orders, he probably would have demanded disciplinary action against me, too.
That's a long time ago, Mac.
Marines have a long memory, Harm.
He could make my life hell.
He could transfer me to some other billet.
Separate us Mac you've changed a lot since Okinawa, Maybe he has, too.
Give him a chance.
Oh, Tom.
Damn the day they made this a non-smoking facility.
Well, I-I thought you swore off these.
I like to partake when I've got something to celebrate.
You want to step outside with me? Well, I wouldn't count your invitations to the White House just yet.
Name Byron Handy mean anything to you? He's the presidential aide, sycophant He's put a bug in SECDEF's ear about the Selection Board you convened.
Namely, that you appointed me, your old pal, as Board President.
You've got a problem here, Ed.
Am I hearing an "I told you so"? I never like to kick a man when he's on the verge of making an ass of himself without my assistance.
I don't understand.
It's not in the Secretary's best interest to oppose my Selection Board's choice of the President's own man.
Nobody's trying to show Cresswell the cold side of the bed.
The Secretary's just concerned that the appointment be idiot-proofed, no questions after the fact.
The matter's going to the Senate Armed Services Committee for confirmation.
They'll determine if the selection is tainted.
That's a hell of a thing.
You give them exactly what they want, and then they question how you did it.
The President might get his man, but he'll have a gaggle of senators to thank for it, not you, Ed.
Any suggestions for damage control? Send fruit baskets, lots of them.
Your sailor shot me.
That's what happened.
Your father places the blame squarely on the Americans.
Does he? Don't you? None of us owns the sea.
Well, that's not how your father feels.
All his life, he's fought to catch enough fish to keep the business going.
Now he fights the Americans, too.
Is that why you and your crew were armed? To fight the Americans? We were defending ourselves.
But when the Navy ship came onto us, we stowed the weapons, and I persuaded my father to cooperate.
Cooperate by pulling a rifle on the advance party? It wasn't a rifle.
The weather was rough.
I grabbed a gaff from the deck to help pull the Navy boat to us, and they rewarded me with this.
A gaff could look like a rifle in the dark.
Thank you for your time.
Mattie, I'm sorry if I've been weird about this whole Blacksburg thing.
You know, I'm happy that you're figuring things out for yourself.
I know that.
It's just, we had something in common, you and me.
We both hated our fathers.
Oh I guess now that I'm making peace with my dad, it's sort of hard for you to watch.
A little.
Not only that, I, uh, started thinking about all the things I could have done to make it better for myself at home.
You know what I used to do when I got mad at my dad? What? Steal something.
Give him a reason to yell at me.
Why? I guess I wanted to prove to myself that he was too evil to love even just a little.
Did it work? Did you stop loving him? Some days I don't even think about him.
I'm getting my dad back even though he's not perfect.
Maybe maybe it's not too late for you.
O.
O.
D.
, report to the bridge.
O.
O.
D.
, report to the bridge.
Hey, just got word, Colonel Cresswell's nomination is going before a formal senate committee hearing.
I, uh, thought you should know.
No, I can sincerely say that I hope the best man gets the job.
You haven't said much since we interviewed the son.
What are you up to? I, uh I'm not sure, but I'm going to need your indulgence on this.
Play along, see what happens.
Hmm.
Nice place.
It's all I need, Mr.
Secretary.
Have you planned your wetting-down party yet? You didn't get your invitation, sir? That was a joke, Mr.
Secretary.
Huh, well, I'm glad to hear you're capable of humor, but you won't be laughing at this.
The Selection Board's decision has been flagged by the Secretary of Defense for further scrutiny, and the Senate Armed Services Committee has exercised its discretion to require a full, formal hearing.
And the good senators are going to be interested in more than your sterling record, Colonel.
They're going to want to find out how you think, and it won't be pretty, Colonel.
Our system of checks and balances at work.
Now, this level of scrutiny for a two-star billet is is unheard of.
And this could set back your career, Cresswell.
It could even end it.
I'm telling you that the biggest accomplishment of your life is being snatched away, and you just stand there.
Respectfully, sir, you invited the Senate's examination when you placed Admiral Kly at the head of that Board.
Are you questioning my fitness? No, sir, I am not.
Then what are you saying, Marine? I don't judge men by the decisions they make so much as their willingness to take responsibility when those decisions produce unexpected results.
Well, you'd better spit-shine up a few more of those homilies because you're going to have to charm the pants off those senators in order to clear this hurdle.
Just tell them what they want to hear.
I'll tell them the truth, sir.
At this level, even Marines have to bend a little.
After all, neither one of us wants to disappoint the President of the United States.
As JAG, you'll be expected to oversee cases related to lesbians and gays in the military.
What are your views on the subject? Ma'am, I believe anyone willing to serve his or her country should be given the chance to do so.
I have both prosecuted and defended military personnel charged with offenses relating to homosexual behavior.
I've not allowed my own moral judgments to effect my job performance.
Colonel, the UCMJ has, since its codification in 1950, allowed the death penalty.
What is your disposition on this issue? It doesn't matter what I think about the death penalty, Senator, since if history is any guide, I won't see it carried out.
No military death row inmate has yet to exhaust the appellate process in the era of modern military law.
We haven't actually put anyone to death in the past 43 years.
You seem frustrated by that fact, Colonel.
Am I to infer that you favor capital punishment? My official position is to enforce the law as enacted by Congress, Senator.
But I I take my personal counsel on that subject from the books of Exodus and Leviticus.
Colonel Cresswell, in November 2001, the President issued an executive order authorizing the use of military tribunals to try foreign nationals.
What are your feelings about this? I don't have feelings about presidential decrees.
My opinion is that the constitutionality of these tribunals depends upon whether the full Bill of Rights applies to foreign enemy combatants.
In Ex Parte Quirin, President Roosevelt successfully invoked the Articles of War to try German saboteurs by military tribunal.
Until the Supreme Court says differently, that's that's precedent enough for me.
Colonel Cresswell, my question is less sweeping in its scope.
Fours years ago, you advised the convening authority in the case of Marine Corporal Arnold Garth.
It was a sexual assault case involving a female enlisted.
Private Carolyn Irby.
Do you remember Carolyn Irby, Colonel? I recall the case, ma'am.
I never met Private Irby.
Did that make it easier for you to recommend against a court martial for her attacker? No, ma'am, my recommendation was based upon the merits of the case.
The lack of physical evidence because she had showered, the two witnesses who heard her flirting with Corporal Garth, are those the merits you mean? That and her own inconsistent statements, ma'am.
Carolyn Irby's parents live in my home state, Colonel.
What would you have me say to them? I would ask you not to emotionalize the situation retroactively, Senator.
The law's greatest virtue is that it isn't swayed by emotion.
I somehow don't think that will help Carolyn Irby pick up the pieces of her life.
Sensationalizing her situation for the sake of this hearing won't help either, ma'am.
Gentlemen, please have a seat.
We just have a few more questions for you.
We've answered all the questions.
We wanted to give you one last chance to square your stories.
Ensign Geery, why did you join the Navy? My father, sir.
He commands the USS Beaumont.
I grew up wanting a command of my own someday.
And you know that if this charge goes to court martial, your career in the Navy is finished, and you'd be lucky if you stayed out of prison.
Yes, sir.
I know.
Mr.
Tillicum, do you honestly believe this incident is worthy of this young man losing everything he's worked towards? This young man should have considered that before he pulled the trigger.
What about you, Marcus? How do you feel? I have no hard feelings toward Ensign Geery.
I just want to go home.
It was a mistake, that's all.
A mistake?! He almost killed you.
This whole thing was your mistake.
And you got what you had coming to you, pulling a gun on an officer of the U.
S.
Navy.
Don't talk to my son like that.
I'll talk to you that way! You're a thief, you're a liar, and you're a poacher.
Yeah, well, you're a thief and I'll see you dead! Shut up! Both of you! Marcus, he is the enemy.
He's yours, not mine.
I don't want the life you live.
I want to believe in something else.
I'm done fighting your battles.
And I'm done telling your lies.
Marcus, you do not know what you're saying.
I know exactly what I'm saying.
He's in pain, he's on medication.
According to sickbay, he's doing just fine, Mr.
Tillicum.
I can guarantee you, Marcus, if you tell the truth, no charges will be filed.
So, do you stick by your story? Marcus! I don't take orders from you anymore.
My father, he taught me to hate George Young.
That night, he told me your navy ship would come to take what was ours to give to Mr.
Young.
And you were right, I had a gun.
And I was prepared to use it.
You committed no crime.
We've caused enough trouble here, Dad.
You're both free to go as soon as the captain can find you a ride.
Thank you, Commander.
Well played.
Well, I've had a lot of experience lately with the child-father dynamic.
Colonel, please comment on the constitutionality of the detainee status of the inmates at Guantanamo Bay.
Ma'am, the Supreme Court has generally affirmed the right of the President to hold them, subject to review by federal courts.
Until the court addresses the details and outside limits of that power, we are in uncharted waters.
Another deflection, Colonel? Just deferring to reality, ma'am.
Colonel, you've been in Iraq.
You have seen firsthand our thus far fruitless search for Hussein's weapons of mass destruction.
Do you believe we're legally still obliged to be looking for them, if they exist? The men in country have to assume they still exist.
It's too dangerous not to.
Do you believe Saddam possessed components to manufacture nuclear devices? I don't.
No.
Since U.
S.
action in Iraq was termed "preemptive" solely on our belief that he did have nuclear and chemical capabilities, would you now say that the invasion was within the constitutional authority of the President? As Commander In Chief, the President is within his authority constitutionally to order such strikes, yes.
But only with the approval of Congress, Colonel.
Our war with Iraq is not a legal one.
I invite you, sir, to go to Bethesda and ask the Marines who've been shot up and burned up in this war whether that makes a damn bit of difference to them.
I quote you, Colonel, "The law's greatest virtue is that it isn't swayed by emotion.
" So, is it or isn't it? Whatever you call Iraq, it's happening.
And it's not going to stop happening just because you give it a different name.
Both sides of the congressional aisle have used this engagement as a way to manipulate the natural fear people feel when their country's threatened.
It's not political to the guys ducking RPGs and wondering if the next car they stop at a checkpoint is going to blow them apart.
This JAG appointment isn't political either, at least it shouldn't be.
The law is blind, she's also an Independent and she doesn't care if you get reelected next year.
If that answer doesn't satisfy you, Senator, I respectfully suggest you find someone else for the job.
That went all right.
Yeah, we averted an international incident.
Mm.
I just spoke to Bud.
You'll be happy to know that your friend Cresswell imploded in front of the senate subcommittee.
Couldn't happen to a nicer guy.
How charitable of you, Ms.
MacKenzie.
Even I have my limits, Harm.
Well, turns out all the worry was for nothing, right? Gedownload van Bierdopje.
com
Says they quit making good music in 1977.
The year Elvis died.
That was a long time ago, sir.
You calling the general and me old, Lieutenant? No, sir, Colonel.
You can tell your dad it was actually 1970, beginning of the Vegas years.
SAM dead ahead! Salvo! Chaff and flares! Mike, X-Ray-three-one! Mayday! Mayday! We are going down! Hold on, Joe! Lieutenant? Lieutenant! General Bixby.
Sir, we have a situation here.
We are egressing from the aircraft, sir! Can't do it, Colonel.
Can't move my legs.
Can you feel your toes, sir? I can't tell.
Well, if you can't feel them, they're not hurting, and you can give me a hand.
I'll go first, and pull your sociable half out after me.
Leave me here, Colonel.
No, sir! That's an order.
Sir, I am taking command and tasking you with helping me get you the hell out of here.
Now, square yourself away, sir- you're a Marine! Come on! Master Sergeant, the colonel has a call from the White House.
Thank you, sir.
Colonel.
You got friends in high places.
It's the White House.
Colonel Cresswell.
Yes, sir.
I understand.
I will.
Yes, sir.
Thank you, Mr.
President.
Good morning, Colonel.
Good morning.
Good morning, ma'am.
Good morning, Bud.
You look well-rested.
Well, thank you.
I finally got a good night's sleep.
Hey, anything from the SECNAV's office on who our new boss is gonna be? It's been months since Admiral Chegwidden retired.
No, ma'am, and you no news is good news.
Except in this case, any news would be good news, given the temp they've saddled us with.
Any chance you and Turner might bury the hatchet? I can think of a few places I'd like to bury the hatchet.
Sirs, ma'am.
No need to quit gossiping on my account.
We were done gossiping, Coates.
In that case, your presence and the colonel's is requested in Commander Turner's office.
Uh, that's, uh, Commander Turner's temporary office.
A Navy frigate, the Hennessey, has had an altercation with a vessel of another nation.
Friend or foe? Your call- it's Canada.
One of our sailors shot and injured one of their fishermen.
He's First Nation, and his father sits on the local Tribal Council.
Before this becomes an international debacle, I want to find out what happened.
And you think it's gonna take two of us to do that? Our neighbors to the north haven't exactly been in our corner lately.
This isn't gonna help them get there.
Which is why I'm sending you both.
There's been enough conflict between Washington and Ottawa lately.
That's it? That's it.
Good luck.
You are aware that the Oval Office has taken an interest in this billet at JAG headquarters.
Yes, sir, the Corps is extremely proud that the President wants a Marine to compete for the job.
Mm.
I've been reading up on your lead candidate, General.
It's been years since I've practiced law, so I can appreciate the sparsity of legalese in his essays.
But sometimes mincing words is a necessary evil for a nominee.
Well, we don't have many poets in the Marine Corps, sir.
How well do you know him? Not as well as I'd like.
He's just six months in as Counsel to the Chairman of the Joint Chiefs.
SJA in Iraq, with the First MEF before that.
Recently wounded in combat, and determined not to let it end his military career.
In short, he's a Marine.
The kind the Marine Corps prides itself on, whether he fits the administrative mold or not.
So do you think the JAG post is just another bureaucratic desk job? Mr.
Secretary, I have a desk job.
It's the best way I can think of to keep old war horses like myself in the game.
Colonel Cresswall's heroics in Iraq aside, he's a lawyer and a damn good one.
His days of getting shot down in helos are over.
I can't think of a better billet than judge advocate general as a capstone for that Marine's career.
A.
J.
Chegwidden left big shoes to fill.
The journalists loved him, his press conferences were legendary, and all his own people regarded him as a friend.
Every leader has his own style, sir.
My point, General, is that the billet that Colonel Cresswell is being considered for involves a hell of a lot more than just good lawyering.
Nobody wants the President's favorite to wash out in this election process, and nobody wants to saddle our fine JAG lawyers with a commander so bereft of people skills that he alienates the lot of them.
I want your honest assessment of your Marine.
Mr.
Secretary, the Marine Corps isn't a charm school.
That said, don't underestimate a man just because he's forthright.
That's what we train them to be.
My Marine can handle anything you plan to throw at him, sir.
Welcome aboard, Commander, Colonel.
This message just came for you, sir.
And I'll show you to your quarters, and then the skipper will see you.
Thank you, Lieutenant.
Oh, it's from Bud.
Turner wants us to contact him.
Anything else? Oh, yeah, more scuttlebutt on the, uh, potential new JAG.
Hmm.
There's a name floating around the Pentagon.
Hopefully, this one'll have more luck than the last three candidates.
This one's a Marine.
The first judge advocate of the Navy was a Marine, Colonel William Butler Remey.
Well, that was back when Edison was perfecting the lightbulb.
There's a reason we haven't had a Marine JAG since then.
And that is? Look, don't get me wrong, but if I was in a foxhole, there's no one I'd rather have on my side than a Marine.
However, as the legal counsel for the entire Navy, Marines just don't have the correct temperament for that position.
Harm, you're so predictable.
A Marine JAG would shake things up around the office.
Who is it? It's, uh, Colonel Gordon Cresswell.
What? You know him? Yeah, maybe I've heard of him.
Hang on a second - he's gonna be my commanding officer as well.
If you know something, spit it out.
I don't know anything that would affect you, okay? Enter.
Commander Nesbit.
Colonel, Commander.
Thanks for flying out.
Have a seat.
Thank you, Commander.
So, uh, what can you tell us about the events that led up to the shooting? We were on a training run.
We got a civilian radio call.
A small American fishing boat claims they were being hijacked by a Canadian fishing boat.
Did you find any evidence to support that claim? Both sides were armed, each claiming the other was poaching.
Turns out they were both wrong.
They were way out in international waters.
I didn't have any jurisdiction to hold the fishing boats, but the Canadian shooting victim turned out to be the boat skipper's son.
Father and son are aboard.
Kid's mending in sickbay.
What about the captain of the American fishing boat? All too happy to stay.
Says he hasn't been on a Navy vessel since he served aboard the Princeton.
Our crime scene may have sailed away, but at least we have eyewitnesses.
And what about the shooter? Young ensign that's never fired his weapon outside a training exercise.
He's confined to his stateroom.
Ensign Geery.
Sir.
Ma'am.
Stand easy.
I heard you were aboard.
We'd like to talk to you about the night you discharged your sidearm.
Captain Nesbit sent launches to each of the fishing boats to see if we might be able to reason with them.
I was in command of the launch sent to the Canadian boat.
Their skipper told us the guns they had were stowed below deck.
Before we could ask permission to board, one of them pulled a rifle.
Ensign, how long have you served aboard this ship? Two months.
I'm fresh out of the Academy, ma'am.
We were in heavy seas in an inflatable boat, sir.
One shot would've taken us to the bottom.
I'm sorry I shot that man but you can see why I had to do it, can't you? I can't believe I'm convening a JAG Selection Board with Marine Corps records in front of it.
I mean, I'll be damned to hell.
I've never doubted that for a second, Ed.
Cheers.
Cheers.
Colonel Cresswell's selection won't make you very popular with the Navy's flag officers.
The Colonel's record is so clean, I mean, you could eat dinner off of it.
He's the kind of down-home, church-going family man that this administration just loves to promote.
And so, I won't allow petty grievances between the Navy and the Marine Corps to rain on the President's picnic.
Besides, my job is not a popularity contest.
Isn't it? Would you be so quick to convene this board if this guy wasn't our boss's hand-picked candidate? Well, the President's confidence is Cresswell's best qualification.
However, I'm not so much of a political animal that I would approve a board pick that wasn't fit for the job.
You know, much as I appreciate you breaking out the 18-year-old, Ed, it does make me wonder what's up your sleeve.
I want you to serve as president of the Selection Board.
Is this an effort to show impartiality, or do you just want a fly on the wall? I want someone in the room that I trust, that's all.
Your aspirations vis-a-vis the commander in chief won't change my behavior in that room, Ed, no matter how far we go back.
Oh, surely, you're not accusing me of command influence.
I'm just warning an old pal to tread lightly.
Putting one of your closest friends on that board could be construed as impropriety.
Irregular times call for irregular measures.
Colonel Cresswell, we haven't met.
Edward Sheffield.
Sir.
Pleasure.
I thought I'd come and visit you on your own turf, as it were.
May I? Please.
Thank you.
Please, go ahead and eat your lunch.
I know Marines like to stick to schedule.
Yes, sir.
Congratulations on making the short list for the new JAG post.
And it must make you feel good, to know the commander in chief has taken a personal interest.
Yes, sir.
I've heard that you're a man of few words.
It's kind of unusual for a lawyer, isn't it? I try to choose those few words carefully, sir.
Well, you may want to expand your vocabulary here, Colonel.
The post you're in line for is the highest post a Naval lawyer can attain.
By statute, it's a two-star billet, so you would be promoted to major general.
It's also a terminal position.
Oh, you've got plans for retirement? Civilian law firm or staff counsel on the Hill? I don't have a civilian job waiting for me, sir.
And the only deal I have in place is with the United States Marine Corps.
Your record makes gripping reading, Colonel.
Small-town boy raised on the family's apple orchard, outskirts of nowhere.
Uh, you must have picked a million of these in your time.
The fact that you still like them is a testament to a happy childhood.
But if you pick an apple too soon, you may be sorry you did.
Take it too late and you'll end up feeding it to the pigs.
Well, that's somewhat like military appointments, Colonel.
If you fail to get selected this time, you won't have a second chance.
Sir, I, uh, I know the President's rattled a few cages putting my name in the hat.
Can I do the job? Yes.
Do I expect to become the first Marine in over a century to be the judge advocate general? That's for the Selection Board to decide.
Well, you have a reputation for shunning politics, Colonel.
Whether you like it or not, Judge advocate general is a political appointment, and I personally don't believe the President's sudden interest in you is based solely on your record book.
I met the President in Iraq, Thanksgiving, last year.
Didn't see him again until he happened past my hospital bed in Bethesda four months later.
He remembered me, but we're not friends, and I'm not benefiting from any personal association with the White House, sir.
Truth is, I do speak plainly, and I listen the same way.
Respectfully, next time you want to talk about apples, let's leave the President out of it sir.
Commander.
I got a call from SECNAV today.
He asked me for someone to act as recorder at the Selection Board for Admiral Chegwidden's replacement.
I chose you.
Thank you, sir.
What does this honor entail exactly? You'll be in charge of the records and making sure the panel members keep their facts straight.
I can do that.
I know you can.
I think.
You've, uh, been my right hand man since I took the reins here, Bud.
I won't forget that.
I've enjoyed being useful, sir.
Good luck.
Commander.
I gotta go.
Bye.
Hey, hey.
Harm asked me to check on things.
You figured a few long-distance calls were a fair trade? That was Kevin.
He's got his license, so Dad's letting us drive to Reesedale next weekend to see a movie.
Pretty cool, huh? Well, I think it's cool that we can walk to a movie theater from this apartment.
The theater at Reesedale's a drive-in.
Mattie just just make sure you don't rush into anything, okay? You can never redo your first time.
Whoa.
You're almost as bad as Harm.
He tried giving me the whole sex-talk thing, too.
How'd it go? I think he learned a lot.
But seriously, he was totally embarrassed.
He said I should talk to my dad, but I know his heart was in the right place.
He's just trying to be a good parent.
Bet if I'd had one like him, I wouldn't have made so many mistakes.
Well, you don't have to worry about me 'cause Kevin and I have been best friends since, like, the first grade, and my dad is totally doing the parent thing: curfew, rules, the whole deal.
So you've said.
I'm I'm sorry if I've been talking about home nonstop.
You know, it's just nice to have a chance to sleep in my old bed and to have my old dad back, the one who wasn't drunk all the time.
Last weekend, we managed to get through my mom's things, and I was able to remember my mom without my anger at my dad getting in the way.
I just have this feeling that someday you're going to decide you're better off back there.
I know that Harm talked you into, you know, taking our apartment, and I know that you'll have trouble affording the rent if I leave Mattie, don't worry about the rent.
I'll survive.
I always have.
I'm just glad you're back.
I'm really glad.
You were pretty far from land for a boat that size.
We must go where the fish take us.
You can't be competitive sticking to the land anymore.
Because of the Americans? I run my grandfather's old 40-foot trawler out by the border waters.
It's the only place I can get a decent haul.
George Young, he comes up here, he takes the little fish, uses nets that I'm not allowed to use.
And he gets my son shot.
I know Wolf Tillicum is going to blame me for this.
But I was close enough to the shooting to see that the ensign acted in self-defense.
You saw a weapon in Marcus Tillicum's hand? My son did not have a gun.
And Young is lying if he says otherwise.
You got to understand something; this guy is dangerous.
He pulled guns on us.
He accused us of poaching.
You'd rather be at war with George Young for the rest of your life than to try to resolve this? How can I resolve anything with a crazy person like Young? He's trying to ruin me! Colonel Cresswell served in Iraq as SJA with the First MEF and was wounded in combat.
He received a Silver Star, Purple Heart and was appointed legal advisor to the Chairman of the Joint Chiefs.
So, let's open the floor for discussion, shall we? Are we ready to believe that a Marine is the best person to serve as Chief Counsel to the Chief of Naval Operations? Because that is one of the things that we're here to discuss.
I don't know where it's written that a Marine can't advise the Navy on military law.
After all, the Navy's been advising the Marine Corps for a hundred years.
I concur.
Our lawyers all study the same play book.
Historically, Marine judge advocates have been strict constructionists of the UCMJ.
Does Colonel Cresswell have the adaptability to command Naval personnel in a fast-changing legal climate? Something to add, Commander? Respectfully, Admiral, statistically, Marine judge advocates have consistently scored on par with Navy JAGs as far as command success in the history of the JAG Corps, sir.
Thank you, Commander.
Thank you, Commander.
I noticed that the colonel has special fitreps from an assistant secretary and multiple Marine general officers.
I'd have preferred to see a nod from at least one Navy flag officer.
It is ludicrous to think that a Marine should go chasing a Navy fitrep when three-star Marines and civilian leadership at the Pentagon rate him as a water-walker.
Given that a Marine record has not appeared before this particular board in over a century, perhaps our board president can tell us what is and what isn't ludicrous.
Commander Roberts, in reviewing SECNAV's precept, did you see any mention of a Navy flag officer's evaluation as a prerequisite for selection? I did not, Admiral.
Thank you, Commander.
Ocean Law has always been the definition of a Navy lawyer.
Colonel Cresswell was SJA for Headquarters Marine Fleet Atlantic.
Additionally, we're not fighting sea battles anymore.
This is a ground force military now, and the ground force for the United States Navy is the Marine Corps.
And how do you propose to get to that battleground? By water taxi? Oh, we have always appreciated the transport.
And you can thank us for the fact that once you get there, the enemy's already been battered by our air strikes flying off of our carriers.
Your point is made, Admiral.
General Willsey is simply suggesting that our Marines in combat might appreciate knowing that one of their own is interpreting the rules of the game.
So having a Navy flag officer at the helm is bad for morale?! When Marines are dying because some lawyer's tied their hands behind their backs, yes! Commander Roberts, how many cases have we had of JAG lawyers tying Marines' hands behind their backs? Sir? Don't be obtuse, Connelly! No, I am genuinely curious, Commander.
How many? There are no stock options in public service, Commander.
The perks are these brushes with history.
Wow.
I've never known anybody that played golf with Gorbachev, sir.
I don't want to keep you, Commander.
I'm sure you want to be getting home and dinner.
I kind of wish that I could have dinner at your house tonight.
Just to hear about your day.
Uh, you know, sir, that I-I can't discuss anything about the Selection Board proceedings until after Admiral Kly reports the results.
Oh, of course, Commander.
Still, that must have been some session today.
A lot of strong opinions in the room.
And General Willsey has a- she's got a bad temper, I hear.
Well, she is a a woman with a great amount of passion.
That's for sure, sir.
She gets her way, does she? I didn't say that, sir.
Oh, and Novak must have been steamed.
Well, the admiral conducted himself with the utmost professionalism, sir.
Oh, he kept his head, did he? Yes, sir, uh, very controlled.
Despite being bested by a couple of Marines.
Exactly, sir.
Well, I'm sure you want to be running along, Commander.
Colonel.
Colonel! You have a visitor, sir.
Congratulations.
You're the nominee.
So the Selection Board had its call-out, sir? I'm not in the habit of waiting for the ink to dry before starting the party.
So, it's not official? Not yet, but it will be.
You know, it's possible to take this Marine stoicism to the point where it smacks of indifference.
Sir, that isn't my intention.
I'll wait to celebrate until the Board's report is filed and the results made public.
Are you at all happy about the promotion? Yes, sir.
Might as well tell you, the, uh the part of me you you find unsettling- the the Marine part- isn't going to go away.
We should be clear on that.
You know, for a guy who barely speaks, you've got a canny way of getting your point across.
I just spoke to Bud.
The Selection Board has filed a report.
It's official.
Colonel Cresswell is now the new JAG.
So you want to tell me what the problem with this guy is, or? Not really, but you're not gonna let it go.
Cresswell was the staff judge advocate in Okinawa when I first got there.
He knew about my affair with John Farrow.
Even made sure Farrow got his letter of reprimand.
If I hadn't already got my rotation orders, he probably would have demanded disciplinary action against me, too.
That's a long time ago, Mac.
Marines have a long memory, Harm.
He could make my life hell.
He could transfer me to some other billet.
Separate us Mac you've changed a lot since Okinawa, Maybe he has, too.
Give him a chance.
Oh, Tom.
Damn the day they made this a non-smoking facility.
Well, I-I thought you swore off these.
I like to partake when I've got something to celebrate.
You want to step outside with me? Well, I wouldn't count your invitations to the White House just yet.
Name Byron Handy mean anything to you? He's the presidential aide, sycophant He's put a bug in SECDEF's ear about the Selection Board you convened.
Namely, that you appointed me, your old pal, as Board President.
You've got a problem here, Ed.
Am I hearing an "I told you so"? I never like to kick a man when he's on the verge of making an ass of himself without my assistance.
I don't understand.
It's not in the Secretary's best interest to oppose my Selection Board's choice of the President's own man.
Nobody's trying to show Cresswell the cold side of the bed.
The Secretary's just concerned that the appointment be idiot-proofed, no questions after the fact.
The matter's going to the Senate Armed Services Committee for confirmation.
They'll determine if the selection is tainted.
That's a hell of a thing.
You give them exactly what they want, and then they question how you did it.
The President might get his man, but he'll have a gaggle of senators to thank for it, not you, Ed.
Any suggestions for damage control? Send fruit baskets, lots of them.
Your sailor shot me.
That's what happened.
Your father places the blame squarely on the Americans.
Does he? Don't you? None of us owns the sea.
Well, that's not how your father feels.
All his life, he's fought to catch enough fish to keep the business going.
Now he fights the Americans, too.
Is that why you and your crew were armed? To fight the Americans? We were defending ourselves.
But when the Navy ship came onto us, we stowed the weapons, and I persuaded my father to cooperate.
Cooperate by pulling a rifle on the advance party? It wasn't a rifle.
The weather was rough.
I grabbed a gaff from the deck to help pull the Navy boat to us, and they rewarded me with this.
A gaff could look like a rifle in the dark.
Thank you for your time.
Mattie, I'm sorry if I've been weird about this whole Blacksburg thing.
You know, I'm happy that you're figuring things out for yourself.
I know that.
It's just, we had something in common, you and me.
We both hated our fathers.
Oh I guess now that I'm making peace with my dad, it's sort of hard for you to watch.
A little.
Not only that, I, uh, started thinking about all the things I could have done to make it better for myself at home.
You know what I used to do when I got mad at my dad? What? Steal something.
Give him a reason to yell at me.
Why? I guess I wanted to prove to myself that he was too evil to love even just a little.
Did it work? Did you stop loving him? Some days I don't even think about him.
I'm getting my dad back even though he's not perfect.
Maybe maybe it's not too late for you.
O.
O.
D.
, report to the bridge.
O.
O.
D.
, report to the bridge.
Hey, just got word, Colonel Cresswell's nomination is going before a formal senate committee hearing.
I, uh, thought you should know.
No, I can sincerely say that I hope the best man gets the job.
You haven't said much since we interviewed the son.
What are you up to? I, uh I'm not sure, but I'm going to need your indulgence on this.
Play along, see what happens.
Hmm.
Nice place.
It's all I need, Mr.
Secretary.
Have you planned your wetting-down party yet? You didn't get your invitation, sir? That was a joke, Mr.
Secretary.
Huh, well, I'm glad to hear you're capable of humor, but you won't be laughing at this.
The Selection Board's decision has been flagged by the Secretary of Defense for further scrutiny, and the Senate Armed Services Committee has exercised its discretion to require a full, formal hearing.
And the good senators are going to be interested in more than your sterling record, Colonel.
They're going to want to find out how you think, and it won't be pretty, Colonel.
Our system of checks and balances at work.
Now, this level of scrutiny for a two-star billet is is unheard of.
And this could set back your career, Cresswell.
It could even end it.
I'm telling you that the biggest accomplishment of your life is being snatched away, and you just stand there.
Respectfully, sir, you invited the Senate's examination when you placed Admiral Kly at the head of that Board.
Are you questioning my fitness? No, sir, I am not.
Then what are you saying, Marine? I don't judge men by the decisions they make so much as their willingness to take responsibility when those decisions produce unexpected results.
Well, you'd better spit-shine up a few more of those homilies because you're going to have to charm the pants off those senators in order to clear this hurdle.
Just tell them what they want to hear.
I'll tell them the truth, sir.
At this level, even Marines have to bend a little.
After all, neither one of us wants to disappoint the President of the United States.
As JAG, you'll be expected to oversee cases related to lesbians and gays in the military.
What are your views on the subject? Ma'am, I believe anyone willing to serve his or her country should be given the chance to do so.
I have both prosecuted and defended military personnel charged with offenses relating to homosexual behavior.
I've not allowed my own moral judgments to effect my job performance.
Colonel, the UCMJ has, since its codification in 1950, allowed the death penalty.
What is your disposition on this issue? It doesn't matter what I think about the death penalty, Senator, since if history is any guide, I won't see it carried out.
No military death row inmate has yet to exhaust the appellate process in the era of modern military law.
We haven't actually put anyone to death in the past 43 years.
You seem frustrated by that fact, Colonel.
Am I to infer that you favor capital punishment? My official position is to enforce the law as enacted by Congress, Senator.
But I I take my personal counsel on that subject from the books of Exodus and Leviticus.
Colonel Cresswell, in November 2001, the President issued an executive order authorizing the use of military tribunals to try foreign nationals.
What are your feelings about this? I don't have feelings about presidential decrees.
My opinion is that the constitutionality of these tribunals depends upon whether the full Bill of Rights applies to foreign enemy combatants.
In Ex Parte Quirin, President Roosevelt successfully invoked the Articles of War to try German saboteurs by military tribunal.
Until the Supreme Court says differently, that's that's precedent enough for me.
Colonel Cresswell, my question is less sweeping in its scope.
Fours years ago, you advised the convening authority in the case of Marine Corporal Arnold Garth.
It was a sexual assault case involving a female enlisted.
Private Carolyn Irby.
Do you remember Carolyn Irby, Colonel? I recall the case, ma'am.
I never met Private Irby.
Did that make it easier for you to recommend against a court martial for her attacker? No, ma'am, my recommendation was based upon the merits of the case.
The lack of physical evidence because she had showered, the two witnesses who heard her flirting with Corporal Garth, are those the merits you mean? That and her own inconsistent statements, ma'am.
Carolyn Irby's parents live in my home state, Colonel.
What would you have me say to them? I would ask you not to emotionalize the situation retroactively, Senator.
The law's greatest virtue is that it isn't swayed by emotion.
I somehow don't think that will help Carolyn Irby pick up the pieces of her life.
Sensationalizing her situation for the sake of this hearing won't help either, ma'am.
Gentlemen, please have a seat.
We just have a few more questions for you.
We've answered all the questions.
We wanted to give you one last chance to square your stories.
Ensign Geery, why did you join the Navy? My father, sir.
He commands the USS Beaumont.
I grew up wanting a command of my own someday.
And you know that if this charge goes to court martial, your career in the Navy is finished, and you'd be lucky if you stayed out of prison.
Yes, sir.
I know.
Mr.
Tillicum, do you honestly believe this incident is worthy of this young man losing everything he's worked towards? This young man should have considered that before he pulled the trigger.
What about you, Marcus? How do you feel? I have no hard feelings toward Ensign Geery.
I just want to go home.
It was a mistake, that's all.
A mistake?! He almost killed you.
This whole thing was your mistake.
And you got what you had coming to you, pulling a gun on an officer of the U.
S.
Navy.
Don't talk to my son like that.
I'll talk to you that way! You're a thief, you're a liar, and you're a poacher.
Yeah, well, you're a thief and I'll see you dead! Shut up! Both of you! Marcus, he is the enemy.
He's yours, not mine.
I don't want the life you live.
I want to believe in something else.
I'm done fighting your battles.
And I'm done telling your lies.
Marcus, you do not know what you're saying.
I know exactly what I'm saying.
He's in pain, he's on medication.
According to sickbay, he's doing just fine, Mr.
Tillicum.
I can guarantee you, Marcus, if you tell the truth, no charges will be filed.
So, do you stick by your story? Marcus! I don't take orders from you anymore.
My father, he taught me to hate George Young.
That night, he told me your navy ship would come to take what was ours to give to Mr.
Young.
And you were right, I had a gun.
And I was prepared to use it.
You committed no crime.
We've caused enough trouble here, Dad.
You're both free to go as soon as the captain can find you a ride.
Thank you, Commander.
Well played.
Well, I've had a lot of experience lately with the child-father dynamic.
Colonel, please comment on the constitutionality of the detainee status of the inmates at Guantanamo Bay.
Ma'am, the Supreme Court has generally affirmed the right of the President to hold them, subject to review by federal courts.
Until the court addresses the details and outside limits of that power, we are in uncharted waters.
Another deflection, Colonel? Just deferring to reality, ma'am.
Colonel, you've been in Iraq.
You have seen firsthand our thus far fruitless search for Hussein's weapons of mass destruction.
Do you believe we're legally still obliged to be looking for them, if they exist? The men in country have to assume they still exist.
It's too dangerous not to.
Do you believe Saddam possessed components to manufacture nuclear devices? I don't.
No.
Since U.
S.
action in Iraq was termed "preemptive" solely on our belief that he did have nuclear and chemical capabilities, would you now say that the invasion was within the constitutional authority of the President? As Commander In Chief, the President is within his authority constitutionally to order such strikes, yes.
But only with the approval of Congress, Colonel.
Our war with Iraq is not a legal one.
I invite you, sir, to go to Bethesda and ask the Marines who've been shot up and burned up in this war whether that makes a damn bit of difference to them.
I quote you, Colonel, "The law's greatest virtue is that it isn't swayed by emotion.
" So, is it or isn't it? Whatever you call Iraq, it's happening.
And it's not going to stop happening just because you give it a different name.
Both sides of the congressional aisle have used this engagement as a way to manipulate the natural fear people feel when their country's threatened.
It's not political to the guys ducking RPGs and wondering if the next car they stop at a checkpoint is going to blow them apart.
This JAG appointment isn't political either, at least it shouldn't be.
The law is blind, she's also an Independent and she doesn't care if you get reelected next year.
If that answer doesn't satisfy you, Senator, I respectfully suggest you find someone else for the job.
That went all right.
Yeah, we averted an international incident.
Mm.
I just spoke to Bud.
You'll be happy to know that your friend Cresswell imploded in front of the senate subcommittee.
Couldn't happen to a nicer guy.
How charitable of you, Ms.
MacKenzie.
Even I have my limits, Harm.
Well, turns out all the worry was for nothing, right? Gedownload van Bierdopje.
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