JAG s06e11 Episode Script
Baby, It's Cold Outside
We can be there in about 45 minutes.
Thanks.
Take care, huh? Hey! Do you wanna take that somewhere else? - Let's go.
- Come on.
- I wanted to play one more game.
- You know the rules.
- I didn't hear you call me.
- Don't talk back.
- I wasn't.
- You just did it again.
Don't contradict me, boy.
I'm sorry, Daddy.
I'll be good.
- Hey, you don't have to hit that boy.
- Keep out of my business.
- He's only a child.
- He's my boy, I'll do what I want.
- Daddy, what's happening? - Just shut up.
Why did you hurt him? I'm sorry.
Kid, I'm sorry.
- You got booted? - Yeah, on Lee Highway, in Falls Church.
I was going to All American Guns to pick up hollow-point cartridges.
When I got back to my car, Parking Enforcement was driving away.
It's gonna take me $416 to have that thing taken off.
That's a lot of money for parking illegally.
I had a lot of unpaid tickets.
Was the street clearly posted? I don't know.
I didn't notice.
Let's say it wasn't.
We can argue it in court.
"We"? I'm in my second semester of pre-law.
Hey, Tiner, I don't have time for you to accidentally learn something.
I need the use of my automobile now.
I know where you can rent a Geo cheap.
- Morning.
- Good morning.
You have an urgent message from SECNAV.
Well, aren't they always? Gunny, tell Rabb, MacKenzie and Roberts - I need to see them.
- Aye, sir.
- And you and Lieutenant Sims join us.
- Yes, sir.
The SECNAV wants to see you in his office at 1400, admiral.
I've cleared your schedule and made arrangements for a car and driver.
Tiner, I don't need anybody to drive me.
I'll drive myself.
Yes, sir.
I just thought Sometimes after your meetings with the secretary, - you get really - Tiner? - And as a precaution - Are you afraid I might lose my way - coming home from the Pentagon? - No, sir.
- Kidnapped by terrorists? - That'd be highly unlikely, sir.
You afraid after my meeting with SECNAV, I might subject myself to a fit of road rage? If that were to be the case, sir, I'm sure you'd have every reason.
Tiner, get out of my office.
Aye, sir.
Colonel, I'm gonna be away for a week.
I'm appointing you acting JAG - while I'm gone, starting now.
- Aye, aye, sir.
The commander has had the duty.
I believe he found it somewhat stimulating.
Absolutely, sir.
You and the gunny will provide the colonel with any staff assistance she needs.
- You're dismissed.
- Aye, sir.
Colonel, prepare yourself to update JAG Instruction 3590.
1 Alpha.
Sir? Roberts, you'll assist the colonel in reviewing Administrative Laws Revisions Naval Legal Service Command Operating Instructions.
I'll hop right on that one, sir.
If there's a problem, where will you be? TDY Bureau of Personnel for this year's JAG Captain Selection Board.
If you run into any problems, I'll be right down Shirley Highway.
Any way that I could be of help, sir? The colonel will find something for you to do.
In the meantime, stay out of trouble.
Well, I'll do my best, admiral.
That's what I'm afraid of.
That was 25 years ago, sir.
Those records are in storage at Suitland.
So my assistants were told.
However, I need them as soon as possible, lieutenant.
- The paperwork has to be filled out.
- Please, no runaround.
Tell me who to talk to to make this happen.
Oh, you can talk to me.
Thank you, colonel.
Sir.
I'm Lieutenant Colonel Sarah MacKenzie.
State's Attorney Alton Foreland, Prince George's County, Maryland.
I'm looking for the 1975 court-martial records for Staff Sergeant Daniel Craig, USMC.
May I ask why, sir? Well, Mr.
Craig's just been convicted of a felony assault.
His sentencing hearing is scheduled in ten days.
Well, since the assault is a civilian matter, Mr.
Foreland, why do you need military records? Well, in 1975, then Staff Sergeant Craig was responsible for the deaths of two Marine recruits at Parris Island.
This previous conviction will be a factor in his sentencing.
I'll see that you get his records.
- Thank you, colonel.
I appreciate that.
- Sir.
Ma'am, can I talk to you off-the-record about the staff sergeant? Harm, you might wanna hear this.
- Go ahead, gunny.
- When I was training at Parris Island, people were still talking about what he did.
You're getting way ahead of me.
Well, during a training exercise, two recruits under his command died.
Hypothermia.
After they'd been in the water for six hours.
Staff Sergeant Craig was held responsible.
But he was only doing what drill instructors had always done.
A lot of Marines thought he took the rap for what was wrong with the system.
What kind of a man was the staff sergeant? Well, sir, I never met him, but by reputation, he was one hard-ass DI.
He'd abuse the recruits.
He broke a guy's jaw.
One time, he yelled so loud, he busted a guy's eardrum.
So far, you're not making much of a case for him, gunny.
The recruits who trained under him became damn good Marines.
Yeah, the ones that lived, I guess.
They respected him, sir.
Those were the same guys who trained me and a lot of guys after me.
He gave us pride, discipline.
The only thing Staff Sergeant Craig cared about was the Marine Corps.
I heard after he got relieved and discharged, his life went to hell in a handbasket.
- Thank you, gunny.
- Yes, ma'am.
Sir.
Well, looks like I have a job for you.
I don't want a state's attorney using a Marine as a punching bag - if he doesn't deserve it.
- Agreed.
- Really? - Good call.
Why are you being nice to me? I'm always nice to you.
Admiral.
- Good to see you, sir.
- Commander Lindsey? You're here to meet with the secretary, but I'd appreciate a couple of minutes of your time.
- Walk with me.
- I'd like your input on Congresswoman Latham.
Oh, I'm glad she was reelected.
Not me.
She's not easily handled, admiral.
- Really? - She doesn't listen well.
Maybe you're not saying what she wants to hear.
As the secretary's congressional liaison, sir Whoa, commander, the congresswoman likes straight talk.
Nice ploy, sir.
One more thing, admiral.
It's about JAG, sir.
I really miss it.
Right about now, so do I.
I enjoyed working with Admiral Brovo and I think I could be useful to you, sir.
Well, commander, I got all the help I can handle right now.
You just offered a job to Commander Pike, sir.
I mean, that's what I heard through the grapevine.
She turned it down.
Admiral, does your attitude have anything to do with my prosecution of Colonel MacKenzie? Commander, you did an excellent job with that.
You damn near ended her career.
I was responsible for what happened to the men in my platoon.
That's why I pled guilty.
Do you feel you received adequate representation? The JAG that was representing me, you know, he laid out my options.
I took the government offer.
Why did you fall on your sword? Who else was gonna take the blame, sir? Well, did other drill instructors issue these orders? Yes, sir.
They all did.
But I executed the order.
My recruits died because I pushed them too hard.
Tell me about what happened in the parking lot.
I hated to see that boy beaten.
A man raises his hand against a child, it breaks his spirit.
You regret what you did? Yes, sir.
When I saw the look on that little boy's face.
Who represented you at your civilian trial? A court-appointed attorney.
He did the best he could.
But I didn't give him much to work with.
Well, that seems to be a pattern with you, Mr.
Craig.
A man's gotta admit when he's wrong.
Look, I am not where I wanna be.
And I'm not where I should have been.
But I've been worse.
Mr.
Craig, I'd like the opportunity to represent you at your sentencing hearing.
I'll be in touch.
Thank you for coming all this way in the rain, admiral.
Glad to, Mr.
Secretary.
A.
J.
, we've had our differences in the past.
Nothing major.
Oh, nonsense.
I sprung that televised trial on you.
I shanghaied Colonel MacKenzie to handle the Admiral Boone matter.
Well, sir, it's all part of the job.
We enjoy the challenge of working with you.
Good.
Well, I'm glad to know we're on solid ground.
Anything else, sir? Just wanted to clear the air.
Well, I understand that you are president of the Captain Selection Board.
Yes, sir.
Who's handling JAG in your absence? Colonel MacKenzie.
That's one thing we share in common, A.
J.
We put trust in people we think are good.
- Yes, sir.
- People such as Commander Lindsey.
He's a good man.
Like Colonel MacKenzie, he's gonna go a long way.
Well, sir, with your backing, I'm sure he will.
Well, he's long overdue for a promotion.
There's nothing more that I'd like to see than him get his eagles.
Like you, A.
J.
, I want the people around me rewarded for their hard work and dedication.
I wouldn't be surprised if he had your job someday.
Thank you for coming, commander.
I didn't expect an officer to deliver the court-martial records.
Please have a seat.
We're still looking for them, Mr.
Foreland.
It'll be a day or two.
So you came here in person to not deliver the court-martial records? I'll be representing Mr.
Craig at his sentencing hearing.
Why? Because I think he deserves a break.
Then you and I are going to tangle, commander.
Mr.
Craig has a pattern of reckless behaviour and violent assault.
His most recent offence is his third strike.
Well, did he fail to inform you that four years ago he beat a neighbour during a dispute over the placement of a trash receptacle? That was his second strike.
His court-martial is his first strike.
One, two, three.
I'm gonna use that last conviction to put him in prison for the rest of his life.
The selection of men and women determines the future of the Navy.
So that makes this, in many ways, some of the most important work any of us will ever do.
In your deliberations, keep in mind the precept given to us by the secretary of the Navy: "The needs of the service this year require special emphasis on officers with administrative and computer skills.
" However, our job is to promote the best-qualified officers.
So I suggest that you vote with your hearts and convictions.
Now, as you know, if you push zero, your vote effectively means, "do not select.
" If anyone votes "do not select," I am gonna ask the member his or her reasons.
And I expect you to have the integrity to speak up.
- Understood? - Yes, sir.
All right, let's get to work.
Here it is.
You can contest the charge through an administrative hearing on the grounds that relevant signs restricting parking were missing or obscured.
- How do we prove that? - I'm working on it.
Work harder, Tiner.
I hate driving that Geo.
And now we get to the establishment of a strategic vision.
All right.
Well, my personal strategic vision is to get through the day without bumping into anything.
You seem to be back to your old self, Bud.
Pretty much, ma'am.
Do you mind if I ask you something personal? Not at all, ma'am.
How are you and Harriet doing? We have more good days than bad.
And every now and again, we actually find ourselves happy.
Two things got us through this, ma'am: Baby A.
J.
And our friends here at JAG.
In some ways, I've never felt so fortunate in my life.
Even when you're amending JAG Instruction 3590.
1 Alpha? You look good behind that desk.
Oh, you wanna trade places? Tell me something.
What does one get awarded a plaque for anyway? Mostly for good behaviour.
So it's nothing you'll ever have to worry about.
Have you sent State's Attorney Foreland his court-martial records? I told him he was gonna have to wait.
I'm gonna represent former Staff Sergeant Craig at his hearing.
What do you think you can do? Keep him out of prison the rest of his life.
He has two felony convictions.
The state's attorney is planning to use his 1975 court-martial - as the first of three strikes.
- What's your plan? It's too late to appeal the court-martial sentence but You can file a petition with the board for the correction of Naval records.
And if the conviction is expunged from the staff sergeant's record before it goes to the state attorney, there's no felony, hence no third strike? I have a gunny looking for Marines who testified at the court-martial.
If the admiral asks me why I approved reopening the investigation, what do I tell him? I think that Mr.
Craig is a good man with bad judgement.
He'll understand that.
He doesn't deserve to spend the next 30 to 40 years in a 4-by-8 cell because some state's attorney has a beef with him.
was staff judge advocate, 6th Fleet.
Following that, he had a successful tour as executive officer at Naval Legal Services Office, San Diego.
Most recently, he was force judge advocate, COMSUBPAC.
He got outstanding FITREPs everywhere he went.
He has seven end-of-tour awards.
Now I'm no lawyer like the rest of you, but that sounds pretty good to me.
Thank you, Captain Ingles.
All right, people, let's vote.
Looks like Commander Grace makes the cut.
I believe I have the next candidate.
Records, please pull up Commander Lindsey.
Commander Lindsey is presently on the secretary of the Navy's personal staff as his special assistant for congressional liaison.
The secretary has given the commander high marks.
As you can see under "remarks," the SECNAV has written: "This officer has my strongest personal support.
You must select him for promotion.
" Prior to his assignment to the secretary's staff, he was flag secretary at CINCUSNAVEUR.
Before that, he was Admiral Brovo's aide when he was the JAG.
During that time, he was reassigned.
- Questions or remarks? - I have a question, sir.
- This guy seen any action? - He's a lawyer, not a line officer.
That's not what I meant, admiral.
It seems to me he's mostly shuffled papers.
Has he ever stood up in a courtroom, sir? Once or twice.
Has he ever been in charge of anyone? Ever served with the fleet? Been at the pointy end of the spear? That has not been his career path to date.
But he's performed valuable services for everyone.
- End-of-tour awards? - Two.
The commander I just briefed had seven, sir.
Yes, he did.
Do you know Commander Lindsey, admiral? Yes, I do.
What do you think, sir? He has his uses.
Anyone else? All right, let's vote.
That puts Commander Lindsey toward the bottom of the pile.
Captain Hall, I believe you have the next candidate.
Yes, sir.
You have a pattern of violent assault, Mr.
Craig.
This is something you failed to inform me of at our first meeting.
I apologise for the omission, sir.
State's attorney tells me that four years ago, you assaulted your neighbour over the placement of a garbage can.
Care to explain what happened? - I was drinking.
- Hey, a lot of people drink, Mr.
Craig.
They don't commit felonies.
Were there any mitigating factors? Were you provoked? The guy put his trash can on my side of the driveway.
That's it? It seemed like a problem at the time.
You know, you have three felony counts against you.
If the state's attorney wants to put you away for life, he can do it.
You've gotta give me something I can work with.
An explanation.
A sign of contrition.
The Marine Corps has outreach programmes, if you're willing to make an effort at turning your life around.
Sir, I'll take whatever help I can get.
Time served, five years' probation.
Why would I make that deal? Look, Dan Craig deeply regrets what he did.
I can get him into a programme for anger counselling.
I can help find him employment.
I think he's a man worth saving, Mr.
Foreland.
Protecting one of your own? I'm in the Navy.
He was a Marine.
It's all the same.
Well, I wouldn't tell that to a Marine.
Look, Mr.
Foreland, there's a few things I think you should know about Mr.
Craig.
He grew up poor without a father.
These are things that I feel should be taken into consideration.
I grew up poor, commander.
I grew up without a father.
But I didn't use that as an excuse for screwing up in life.
I'm not trying to excuse his behaviour, Mr.
Foreland.
Yes, commander.
That's exactly what you're doing.
I'm sure it hasn't escaped your notice that Mr.
Craig is a black man.
As am I.
You're asking me to bend over backwards to give him a break.
One black man helping another black man.
Well, that's not the way I think, Commander Rabb.
I believe above all in the rule of the law.
And I get angry when people put ethnicity ahead of that rule.
And when members of my community are treated too leniently because of their colour or circumstance There are those who would disagree with you, Mr.
Foreland.
There is, for example, the disproportionate number of African Americans on death row.
Yes, there's also a disproportionate number of African Americans preying on members of their own community.
I say what I think, Commander Rabb.
I'm not a popular man.
Popular enough to think about running for state attorney general as a law-and-order candidate, if the newspapers are to be believed.
I believe what I believe out of principle.
I believe that not enough has been asked of the men and women in my community.
And I think that's a disgrace.
I will not tolerate crime in my streets.
I will not have one black man attacking another black man for no reason.
I won't have people and children hiding in their houses, afraid to come out.
And I will not cut a three-time felon a deal, regardless of the colour of his skin or whether or not his daddy was nice to him in 1959.
You have given me no reason to change my mind.
Sorry to keep you waiting, A.
J.
Not a problem, Mr.
Secretary.
Took a chance of coming here without an appointment.
You're welcome to drop in anytime.
I thought it best if I call out informally with you as the president of the board.
This is our list of captain selectees.
These are all the names? The 11 best qualified candidates, sir.
I told you I wanted to see men and women with computer and administrative skills.
And we certainly took that in consideration among other factors.
You're not done.
I'm not signing this.
I want you to reconvene the selection board.
I want you to reexamine each and every candidate.
All of them, Mr.
Secretary? Use your discretion.
What's next? Final endorsements on line-of-duty investigations of sailors who crash on motorcycles.
Thirty in all.
That's a lot of careless sailors.
Petition to the Corrections Board needs your signature.
- I'll read it right away.
- I've requested an emergency hearing.
After that, I'm gonna deliver Staff Sergeant Craig's court-martial records - to the state's attorney's office.
- You left an S off "redress.
" You ought to put in for hazardous duty pay.
I heard that.
Is there any way to introduce new testimony in mitigation or extenuation? - Gunny? - I've located two Marines who were there the night of the incident.
Major General Richard Plesac was battalion commander.
- Who was exonerated of any guilt? - A highly respected officer.
And Joseph Osborne, one of the recruits who survived.
He received an administrative discharge after the incident.
Excuse me, ma'am.
Commander Lindsey's here to see you.
Send him in.
Come in, commander.
- Good morning.
- Good morning, sir.
Commander, what brings you here? I wanted a word with you, colonel.
Lieutenant, let me buy you a cup of coffee.
- Gunny? - Yes, sir.
You look good behind that desk.
People keep telling me that.
- What can I do for you? - I wanted to apologise if I was unduly hard on you during your court-martial.
Well, no permanent damage.
I was acquitted.
I have no objections to your telling the admiral of this conversation.
It might clear up matters.
I'll be sure to tell him when he gets back.
Sooner might be good.
Today even.
Why would I do that? Basic human kindness.
You do believe in second chances? When merited.
The SECNAV has directed that we reconvene and consider the candidates a second time, placing appropriate attention on the special skills cited in his guidance.
Does this have anything to do with his personal JAG, sir? What did he say? You must select him for promotion? Commander Lindsey's name never came up in conversation.
Put up Commander Lindsey's records, please.
Ask your questions, Captain Ingles.
Have you ever seen Commander Lindsey in court, sir? Once he prosecuted one of my staff JAGs.
- Win or lose? - Lose.
What kind of a job did he do, sir? Not good enough, fortunately.
You said he worked for Admiral Brovo, sir.
Would you consider bringing him on to your staff? - No.
- Why, sir? Commander Lindsey goes outside the limits.
With all due respect, sir, I've had dealings with members of your staff, admiral.
You give your lawyers a lot of latitude.
Because I trust the people that work for me.
And by extension, sir, you do not trust Commander Lindsey? No, I do not.
Thank you, admiral.
Let's vote.
He's right over there.
Yeah.
Thank you.
Private Osborne? Not for a long time.
It's Joe.
Commander Rabb.
- JAG, right? - Yes, sir.
Whatever it is, commander, I didn't do it.
Well, I'd like to talk to you about Staff Sergeant Daniel Craig, Mr.
Osborne.
What's that bastard done now? You remember him? It's hard to forget that he killed two men.
Well, Joe, that's a matter of dispute.
Gonna be a hearing before the Corrections Board.
I know you were there and that you testified at the trial.
I'd be interested, if you have the time, what you remember.
He hated every damn last man in that platoon, commander.
He said we were the sorriest bunch he'd ever tried to kick into shape.
So he ordered a forced march through the swamp? Yep.
The staff sergeant came into the barracks in the middle of the night.
He picked ten of us and had us get dressed.
He took us out to that damn swamp.
He wanted to make an example of us.
Was he the only DI who ever ordered a forced march? The first one on a night that cold.
He marched us right into that freezing water.
You're the biggest bunch of unsat human beings I've ever seen in my life! What the hell you looking at, Osborne? Don't you eyeball me, boy! Sir, yes, sir! Now get your sloppy bodies in the water.
Sir, yes, sir! Keep moving.
And don't stop till I tell you.
Hurry up! Move! Go, now! Move your butts! We got all turned around in that damn swamp.
It was tough going.
But we stayed in the damn water just like the sergeant told us.
The only thing was a couple of those boys got left behind.
And by the time they found those two men, it was too late.
Those coloured boys, they were good recruits.
Or trying to be.
Staff Sergeant Craig wanted to teach them a lesson.
He taught them all right.
I don't understand why you're coming to me now.
The court-martial was 25 years ago.
Well, sir, Staff Sergeant Craig is looking at life in prison if I can't undo his sentence.
I'm your last recourse? Almost, general.
I've heard Staff Sergeant Craig was a lost soul.
Well, sir, he's had his share of bad luck and he has certainly made more than his share of mistakes.
- I know.
I was a witness against him.
- I know that, general.
I hoped that maybe after all this time, you might have had second thoughts.
I don't change my mind, commander.
Facts are facts.
It took four hours to locate those missing recruits.
By the time we reached them, one was dead and the other was dying.
General, were you aware that Staff Sergeant Craig was conducting a forced march that night, sir? No, the drill instructors had discretion in the means they used to train their platoons.
You were aware that other forced marches were frequently conducted? Yes, that's why the commandant of the Marine Corps issued a white letter prohibiting them.
Staff sergeant disobeyed that order.
General, I have obtained affidavits from members of different platoons.
Other drill instructors disobeyed that standing order, sir.
There's nothing I can say that can help your man.
Staff Sergeant Craig, and only he, was accountable for the deaths of those recruits.
Commander, we've granted you this opportunity because of your compressed time frame.
Thank you, Mr.
Morris.
I'm not here to argue that Staff Sergeant Craig is without guilt in this incident.
However, I am prepared to argue that what he did the night of April 7th, 1975, was at the time considered standard practise during basic training.
Was that stated Marine Corps policy? It was not the written policy, sir, but it was the way things were done.
That doesn't make it right and it doesn't relieve the staff sergeant of culpability.
Staff sergeant's punishment was not proportional, ma'am.
He was a scapegoat for flaws in an accepted training practise.
But didn't he plead guilty to these charges, commander? I mean, doesn't that imply he believed himself fully responsible and deserving of punishment? I have interviewed Staff Sergeant Craig at length, sir.
He has a highly developed sense of honour, a love of the Marine Corps.
His humanity in the fact that two lives were lost lead him to accept responsibility.
He could not have foreseen the consequences of this action.
- Referring to the three-strikes law? - Yes, sir.
When Craig pleaded guilty at the court-martial, he had no idea he would one day be facing life in prison as a result of that plea.
Commander, our charter doesn't allow us to base our decision on such considerations.
We are only deciding whether the sentence reflected in the staff sergeant's records constitutes an error or an injustice.
Mr.
Morris Sir, ma'am, it was common practise at Parris Island to march recruits into the marshes.
So other drill instructors are at fault? The base chain of command is at fault? Yes, ma'am.
Yes, they are.
If you wanna bring charges, commander, you've come to the wrong people.
No, sir, I've come to the right people to correct the wrong that has been done to Staff Sergeant Craig.
And to save him from a draconian punishment he doesn't deserve.
Thank you, commander.
We will take your petition under consideration and we'll issue a written ruling.
Unfortunately, Mr.
Morris, I need your ruling within the next 24 hours, sir.
Be careful what you wish for, commander.
Miss Hanratty? I haven't seen enough evidence.
No.
Mr.
Xavier? I feel for Staff Sergeant Craig, but no.
You managed to persuade me, commander.
But it's two against one.
So your petition is denied and the original conviction and its sentence remain in the record.
I wish Mr.
Craig luck.
Your fine will be $207.
Pay the cashier.
Yes, ma'am Victor Galindez.
Yes, ma'am.
I'm representing Mr.
Galindez, Your Honour.
Really? A copy of the ticket, Your Honour.
If you'll notice, it's not signed.
That would be true, counsellor.
According to Virginia Code 4625, subsection E, this makes the infraction invalid.
You are correct.
I'll subtract this penalty from the seven that remain outstanding.
- Mr.
Galindez? - Yes, ma'am.
Pay the court $416 in fines and late fees and you may regain the use of your vehicle.
I don't think you understand, Your Honour.
Mr.
Galindez is contesting all seven violations.
Let's start at the top, shall we? On October 16th of 1999, a ticket was issued on Washington Street.
You Honour, since the parking hours on the sign were obscured by bird faeces, Gunnery Sergeant Galindez was unable to properly read it.
Outstanding.
Tiner.
I'll be honest with you, there were times when I questioned your judgement.
There were times I thought you were out of your mind.
But you aced it.
- Can I tell you something? - What? I didn't know if I had the nerve to get up on my feet and make a case.
I thought I might fold.
I know what it feels like for the commander and the colonel to have to.
Didn't you check the sign? Commander Lindsey will have other chances, Mr.
Secretary.
I don't recall discussing the commander with you by name.
No, sir.
You did not.
- That'll be all? - Unfortunately, yes.
You and I have different opinions about what makes a good officer.
Well, sir, at least on that much, we agree.
When it comes to fitness reports, I call them as I see them.
Yes, sir.
And I look forward to your remarks the next time you write mine.
Well, I'm sure you'll find my remarks enlightening.
I'm sure I will, Mr.
Secretary.
Thank you for your time, sir.
Admiral? Commander Lindsey.
Did you speak to Colonel MacKenzie? Well, we talk every day.
About me, sir.
Actually, JAG business does come up more often.
I wanted to talk to you about the results of the promotion board.
You know I can't do that.
I realise that, sir.
I just wanted to say that no matter what happens, I want you to know there are no hard feelings.
This is inappropriate.
But, sir, if you ever had an opening on your staff, - I would - Commander.
- Lieutenant.
- Congressman.
- How are you? - Thanks for meeting me.
If I find I have a need for someone of your skills, you'll be my first call.
Do you swear to tell the truth and nothing but the truth, so help you God? - I do.
- Be seated.
Mr.
Craig, I would like to review the events which took place the night of April 7th, 1975.
On this night, you ordered ten misfit Marine recruits from your platoon into a swamp at Perris Island.
You did this as a punitive measure and also to make an example of these men.
Now, during the night, two recruits died from hypothermia.
All that is fact.
Why did you order these men into the swamp, Mr.
Craig? To get them squared away.
I served two tours in Vietnam, commander.
I saw Marines die who could have lived if they were tough enough and disciplined enough to make the right decisions.
When you ordered these men into the water, was it out of anger? No, sir.
- They were tough enough to handle it.
- Do you harbour a resentment - toward black Marines, Mr.
Craig? - No, sir.
Are you harder on blacks than whites? Yes, sir.
- Why? - Saw too many screwed-up black men coming from the inner city.
Some of them had guts but not a damn one of them knew how to work in a team, put themselves second.
That's why I never cut any of them no slack.
What happened that night, Mr.
Craig? Look, all those recruits had to do was to stick together and help each other out.
But that never happened.
Those two recruits got left behind.
By the time we found them, it was too late.
How did you feel when you discovered Privates Cramer and Washington had died? Like a part of me had died.
Was this in your testimony during your court-martial? No, sir.
- Why not? - I pled to the charges.
Military training is very dangerous, Mr.
Craig.
Why not throw yourself on the mercy of the court? I am responsible for my failures.
Why did you attack Robert Johnson in the parking lot? I thought Mr.
Johnson was abusing his child.
Four years ago, you had an altercation with a neighbour.
You also attacked this man.
Why? No good reason.
I was drinking.
- Do you still drink? - No, sir.
Not since that night.
Look, I regret what I did.
Both times.
I have no further questions, Your Honour.
Mr.
Foreland? What kind of man are you? Bad enough so you think I need to spend the rest of my life in prison.
Correct.
- Were you born that way? - No, sir.
- Raised bad? - Oh, no, sir.
My mother was tough.
She expected me to toe the line.
- Did you? - No, sir.
Took the Marine Corps to straighten me out.
That's what I was trying to do with those kids coming up after me.
I wanted to give them discipline, self-respect, honour.
Yeah, Mr.
Craig, I'd like to go back to your testimony that you were tough on black recruits.
Is that only true in the case of Privates Cramer and Washington or was that a pattern? That's just the way that I did things.
And what were the results? Mostly I made good men out of messed up boys.
If you were in my place, Mr.
Foreland, you're the one who might be sitting here.
Are you saying that I would have killed those men? No, you want what I want.
To hold black men to a higher standard.
Do you see any reason why you should get a break in this proceeding? It's what you think that matters.
Persuade me.
I want another chance to get my life squared away.
And I'm not too proud to ask you for help.
You realise you just can't go around attacking people who piss you off.
Yes, sir.
I realise that.
But with Commander Rabb's help, I turned to the Marine Corps to assist me with my problem.
Now they helped me out once, a long time ago.
They can do it again.
Your Honour, may we have a brief recess? Very well.
You may step down.
This court is in recess for 15 minutes.
Joint motion to dismiss the strike.
Twenty-four months.
Agreed.
You were right.
It could have been me.
What happens now? Well, you do your time.
The rest is up to you, Mr.
Craig.
You know, some people ask for a second chance in life.
You got a third.
- That gonna be on your tab? - Yeah.
They're just like that.
- Colonel.
- Sir.
- Virgin Mary.
- Coming right up, ma'am.
You look terrible.
I'm sorry.
That was so inappropriate.
Really? It thought it was somewhat understated.
You know, Mac, maybe you should get used to sitting behind my desk.
Something happen, sir? I effectively terminated my career today.
How is that possible? Well, I'm not at liberty to say.
You know, there's an old saying: "The most bitter remorse is for the sins we did not commit.
" What sins were you thinking about committing with SECNAV? Murder.
You should go see Dr.
Walden.
Maybe she could No more Dr.
Walden? You broke up with her? Other way around.
Well, that doesn't make any sense.
Well, thank you, colonel.
I didn't think so either.
When did that happen? A while back.
And you didn't say anything? Okay, we just hit the limit on touchy-feely.
Hey there.
Nice to have you back, admiral.
Well, I'm just passing through.
Bartender? Coming right up, sir.
- Everything all right, sir? - Yeah.
Nothing I can't handle.
Thank you, sir.
Admiral, why don't you give Dr.
Walden? Well, I didn't read your name in any police blotter.
Sir, the commander was actually a model citizen.
How come he obeys you and not me? Just lucky, I guess.
Lucky is not a bad quality in an officer.
You know, when they asked Napoleon how he picked his marshals, he said, "I chose the lucky ones.
" When they complained about General Grant's drinking, Lincoln enquired as to the type of bourbon he drank so he could buy a barrel for all his generals.
So, colonel, I guess we need to revise the fitness reports and counselling records.
Sir? Under remarks put "lucky and likes bourbon.
" Makes as much damn sense as anything else.
- Hey, look who's here.
- Hey.
Hey, sir.
Colonel.
Admiral.
- Good to see you back, sir.
- Yeah, that goes double for me, sir.
- Good to see you.
- Hey, how's Dr.
Wal? Lieutenant, did you ever figure out how to fix JAG Instruction 3590.
1 Alpha? Yes, sir.
Piece of cake.
Well, then you deserve a plaque.
Oh, no, seriously, sir, the colonel and I really enjoyed our work.
I can see why you really love your job.
Lieutenant, you know I do love my job.
And I am damn lucky in my people.
Because the world out there, baby, it's cold.
I really can't stay Baby, it's cold outside Baby, it's cold outside I must get away I must get away Because, baby, it's cold outside
Thanks.
Take care, huh? Hey! Do you wanna take that somewhere else? - Let's go.
- Come on.
- I wanted to play one more game.
- You know the rules.
- I didn't hear you call me.
- Don't talk back.
- I wasn't.
- You just did it again.
Don't contradict me, boy.
I'm sorry, Daddy.
I'll be good.
- Hey, you don't have to hit that boy.
- Keep out of my business.
- He's only a child.
- He's my boy, I'll do what I want.
- Daddy, what's happening? - Just shut up.
Why did you hurt him? I'm sorry.
Kid, I'm sorry.
- You got booted? - Yeah, on Lee Highway, in Falls Church.
I was going to All American Guns to pick up hollow-point cartridges.
When I got back to my car, Parking Enforcement was driving away.
It's gonna take me $416 to have that thing taken off.
That's a lot of money for parking illegally.
I had a lot of unpaid tickets.
Was the street clearly posted? I don't know.
I didn't notice.
Let's say it wasn't.
We can argue it in court.
"We"? I'm in my second semester of pre-law.
Hey, Tiner, I don't have time for you to accidentally learn something.
I need the use of my automobile now.
I know where you can rent a Geo cheap.
- Morning.
- Good morning.
You have an urgent message from SECNAV.
Well, aren't they always? Gunny, tell Rabb, MacKenzie and Roberts - I need to see them.
- Aye, sir.
- And you and Lieutenant Sims join us.
- Yes, sir.
The SECNAV wants to see you in his office at 1400, admiral.
I've cleared your schedule and made arrangements for a car and driver.
Tiner, I don't need anybody to drive me.
I'll drive myself.
Yes, sir.
I just thought Sometimes after your meetings with the secretary, - you get really - Tiner? - And as a precaution - Are you afraid I might lose my way - coming home from the Pentagon? - No, sir.
- Kidnapped by terrorists? - That'd be highly unlikely, sir.
You afraid after my meeting with SECNAV, I might subject myself to a fit of road rage? If that were to be the case, sir, I'm sure you'd have every reason.
Tiner, get out of my office.
Aye, sir.
Colonel, I'm gonna be away for a week.
I'm appointing you acting JAG - while I'm gone, starting now.
- Aye, aye, sir.
The commander has had the duty.
I believe he found it somewhat stimulating.
Absolutely, sir.
You and the gunny will provide the colonel with any staff assistance she needs.
- You're dismissed.
- Aye, sir.
Colonel, prepare yourself to update JAG Instruction 3590.
1 Alpha.
Sir? Roberts, you'll assist the colonel in reviewing Administrative Laws Revisions Naval Legal Service Command Operating Instructions.
I'll hop right on that one, sir.
If there's a problem, where will you be? TDY Bureau of Personnel for this year's JAG Captain Selection Board.
If you run into any problems, I'll be right down Shirley Highway.
Any way that I could be of help, sir? The colonel will find something for you to do.
In the meantime, stay out of trouble.
Well, I'll do my best, admiral.
That's what I'm afraid of.
That was 25 years ago, sir.
Those records are in storage at Suitland.
So my assistants were told.
However, I need them as soon as possible, lieutenant.
- The paperwork has to be filled out.
- Please, no runaround.
Tell me who to talk to to make this happen.
Oh, you can talk to me.
Thank you, colonel.
Sir.
I'm Lieutenant Colonel Sarah MacKenzie.
State's Attorney Alton Foreland, Prince George's County, Maryland.
I'm looking for the 1975 court-martial records for Staff Sergeant Daniel Craig, USMC.
May I ask why, sir? Well, Mr.
Craig's just been convicted of a felony assault.
His sentencing hearing is scheduled in ten days.
Well, since the assault is a civilian matter, Mr.
Foreland, why do you need military records? Well, in 1975, then Staff Sergeant Craig was responsible for the deaths of two Marine recruits at Parris Island.
This previous conviction will be a factor in his sentencing.
I'll see that you get his records.
- Thank you, colonel.
I appreciate that.
- Sir.
Ma'am, can I talk to you off-the-record about the staff sergeant? Harm, you might wanna hear this.
- Go ahead, gunny.
- When I was training at Parris Island, people were still talking about what he did.
You're getting way ahead of me.
Well, during a training exercise, two recruits under his command died.
Hypothermia.
After they'd been in the water for six hours.
Staff Sergeant Craig was held responsible.
But he was only doing what drill instructors had always done.
A lot of Marines thought he took the rap for what was wrong with the system.
What kind of a man was the staff sergeant? Well, sir, I never met him, but by reputation, he was one hard-ass DI.
He'd abuse the recruits.
He broke a guy's jaw.
One time, he yelled so loud, he busted a guy's eardrum.
So far, you're not making much of a case for him, gunny.
The recruits who trained under him became damn good Marines.
Yeah, the ones that lived, I guess.
They respected him, sir.
Those were the same guys who trained me and a lot of guys after me.
He gave us pride, discipline.
The only thing Staff Sergeant Craig cared about was the Marine Corps.
I heard after he got relieved and discharged, his life went to hell in a handbasket.
- Thank you, gunny.
- Yes, ma'am.
Sir.
Well, looks like I have a job for you.
I don't want a state's attorney using a Marine as a punching bag - if he doesn't deserve it.
- Agreed.
- Really? - Good call.
Why are you being nice to me? I'm always nice to you.
Admiral.
- Good to see you, sir.
- Commander Lindsey? You're here to meet with the secretary, but I'd appreciate a couple of minutes of your time.
- Walk with me.
- I'd like your input on Congresswoman Latham.
Oh, I'm glad she was reelected.
Not me.
She's not easily handled, admiral.
- Really? - She doesn't listen well.
Maybe you're not saying what she wants to hear.
As the secretary's congressional liaison, sir Whoa, commander, the congresswoman likes straight talk.
Nice ploy, sir.
One more thing, admiral.
It's about JAG, sir.
I really miss it.
Right about now, so do I.
I enjoyed working with Admiral Brovo and I think I could be useful to you, sir.
Well, commander, I got all the help I can handle right now.
You just offered a job to Commander Pike, sir.
I mean, that's what I heard through the grapevine.
She turned it down.
Admiral, does your attitude have anything to do with my prosecution of Colonel MacKenzie? Commander, you did an excellent job with that.
You damn near ended her career.
I was responsible for what happened to the men in my platoon.
That's why I pled guilty.
Do you feel you received adequate representation? The JAG that was representing me, you know, he laid out my options.
I took the government offer.
Why did you fall on your sword? Who else was gonna take the blame, sir? Well, did other drill instructors issue these orders? Yes, sir.
They all did.
But I executed the order.
My recruits died because I pushed them too hard.
Tell me about what happened in the parking lot.
I hated to see that boy beaten.
A man raises his hand against a child, it breaks his spirit.
You regret what you did? Yes, sir.
When I saw the look on that little boy's face.
Who represented you at your civilian trial? A court-appointed attorney.
He did the best he could.
But I didn't give him much to work with.
Well, that seems to be a pattern with you, Mr.
Craig.
A man's gotta admit when he's wrong.
Look, I am not where I wanna be.
And I'm not where I should have been.
But I've been worse.
Mr.
Craig, I'd like the opportunity to represent you at your sentencing hearing.
I'll be in touch.
Thank you for coming all this way in the rain, admiral.
Glad to, Mr.
Secretary.
A.
J.
, we've had our differences in the past.
Nothing major.
Oh, nonsense.
I sprung that televised trial on you.
I shanghaied Colonel MacKenzie to handle the Admiral Boone matter.
Well, sir, it's all part of the job.
We enjoy the challenge of working with you.
Good.
Well, I'm glad to know we're on solid ground.
Anything else, sir? Just wanted to clear the air.
Well, I understand that you are president of the Captain Selection Board.
Yes, sir.
Who's handling JAG in your absence? Colonel MacKenzie.
That's one thing we share in common, A.
J.
We put trust in people we think are good.
- Yes, sir.
- People such as Commander Lindsey.
He's a good man.
Like Colonel MacKenzie, he's gonna go a long way.
Well, sir, with your backing, I'm sure he will.
Well, he's long overdue for a promotion.
There's nothing more that I'd like to see than him get his eagles.
Like you, A.
J.
, I want the people around me rewarded for their hard work and dedication.
I wouldn't be surprised if he had your job someday.
Thank you for coming, commander.
I didn't expect an officer to deliver the court-martial records.
Please have a seat.
We're still looking for them, Mr.
Foreland.
It'll be a day or two.
So you came here in person to not deliver the court-martial records? I'll be representing Mr.
Craig at his sentencing hearing.
Why? Because I think he deserves a break.
Then you and I are going to tangle, commander.
Mr.
Craig has a pattern of reckless behaviour and violent assault.
His most recent offence is his third strike.
Well, did he fail to inform you that four years ago he beat a neighbour during a dispute over the placement of a trash receptacle? That was his second strike.
His court-martial is his first strike.
One, two, three.
I'm gonna use that last conviction to put him in prison for the rest of his life.
The selection of men and women determines the future of the Navy.
So that makes this, in many ways, some of the most important work any of us will ever do.
In your deliberations, keep in mind the precept given to us by the secretary of the Navy: "The needs of the service this year require special emphasis on officers with administrative and computer skills.
" However, our job is to promote the best-qualified officers.
So I suggest that you vote with your hearts and convictions.
Now, as you know, if you push zero, your vote effectively means, "do not select.
" If anyone votes "do not select," I am gonna ask the member his or her reasons.
And I expect you to have the integrity to speak up.
- Understood? - Yes, sir.
All right, let's get to work.
Here it is.
You can contest the charge through an administrative hearing on the grounds that relevant signs restricting parking were missing or obscured.
- How do we prove that? - I'm working on it.
Work harder, Tiner.
I hate driving that Geo.
And now we get to the establishment of a strategic vision.
All right.
Well, my personal strategic vision is to get through the day without bumping into anything.
You seem to be back to your old self, Bud.
Pretty much, ma'am.
Do you mind if I ask you something personal? Not at all, ma'am.
How are you and Harriet doing? We have more good days than bad.
And every now and again, we actually find ourselves happy.
Two things got us through this, ma'am: Baby A.
J.
And our friends here at JAG.
In some ways, I've never felt so fortunate in my life.
Even when you're amending JAG Instruction 3590.
1 Alpha? You look good behind that desk.
Oh, you wanna trade places? Tell me something.
What does one get awarded a plaque for anyway? Mostly for good behaviour.
So it's nothing you'll ever have to worry about.
Have you sent State's Attorney Foreland his court-martial records? I told him he was gonna have to wait.
I'm gonna represent former Staff Sergeant Craig at his hearing.
What do you think you can do? Keep him out of prison the rest of his life.
He has two felony convictions.
The state's attorney is planning to use his 1975 court-martial - as the first of three strikes.
- What's your plan? It's too late to appeal the court-martial sentence but You can file a petition with the board for the correction of Naval records.
And if the conviction is expunged from the staff sergeant's record before it goes to the state attorney, there's no felony, hence no third strike? I have a gunny looking for Marines who testified at the court-martial.
If the admiral asks me why I approved reopening the investigation, what do I tell him? I think that Mr.
Craig is a good man with bad judgement.
He'll understand that.
He doesn't deserve to spend the next 30 to 40 years in a 4-by-8 cell because some state's attorney has a beef with him.
was staff judge advocate, 6th Fleet.
Following that, he had a successful tour as executive officer at Naval Legal Services Office, San Diego.
Most recently, he was force judge advocate, COMSUBPAC.
He got outstanding FITREPs everywhere he went.
He has seven end-of-tour awards.
Now I'm no lawyer like the rest of you, but that sounds pretty good to me.
Thank you, Captain Ingles.
All right, people, let's vote.
Looks like Commander Grace makes the cut.
I believe I have the next candidate.
Records, please pull up Commander Lindsey.
Commander Lindsey is presently on the secretary of the Navy's personal staff as his special assistant for congressional liaison.
The secretary has given the commander high marks.
As you can see under "remarks," the SECNAV has written: "This officer has my strongest personal support.
You must select him for promotion.
" Prior to his assignment to the secretary's staff, he was flag secretary at CINCUSNAVEUR.
Before that, he was Admiral Brovo's aide when he was the JAG.
During that time, he was reassigned.
- Questions or remarks? - I have a question, sir.
- This guy seen any action? - He's a lawyer, not a line officer.
That's not what I meant, admiral.
It seems to me he's mostly shuffled papers.
Has he ever stood up in a courtroom, sir? Once or twice.
Has he ever been in charge of anyone? Ever served with the fleet? Been at the pointy end of the spear? That has not been his career path to date.
But he's performed valuable services for everyone.
- End-of-tour awards? - Two.
The commander I just briefed had seven, sir.
Yes, he did.
Do you know Commander Lindsey, admiral? Yes, I do.
What do you think, sir? He has his uses.
Anyone else? All right, let's vote.
That puts Commander Lindsey toward the bottom of the pile.
Captain Hall, I believe you have the next candidate.
Yes, sir.
You have a pattern of violent assault, Mr.
Craig.
This is something you failed to inform me of at our first meeting.
I apologise for the omission, sir.
State's attorney tells me that four years ago, you assaulted your neighbour over the placement of a garbage can.
Care to explain what happened? - I was drinking.
- Hey, a lot of people drink, Mr.
Craig.
They don't commit felonies.
Were there any mitigating factors? Were you provoked? The guy put his trash can on my side of the driveway.
That's it? It seemed like a problem at the time.
You know, you have three felony counts against you.
If the state's attorney wants to put you away for life, he can do it.
You've gotta give me something I can work with.
An explanation.
A sign of contrition.
The Marine Corps has outreach programmes, if you're willing to make an effort at turning your life around.
Sir, I'll take whatever help I can get.
Time served, five years' probation.
Why would I make that deal? Look, Dan Craig deeply regrets what he did.
I can get him into a programme for anger counselling.
I can help find him employment.
I think he's a man worth saving, Mr.
Foreland.
Protecting one of your own? I'm in the Navy.
He was a Marine.
It's all the same.
Well, I wouldn't tell that to a Marine.
Look, Mr.
Foreland, there's a few things I think you should know about Mr.
Craig.
He grew up poor without a father.
These are things that I feel should be taken into consideration.
I grew up poor, commander.
I grew up without a father.
But I didn't use that as an excuse for screwing up in life.
I'm not trying to excuse his behaviour, Mr.
Foreland.
Yes, commander.
That's exactly what you're doing.
I'm sure it hasn't escaped your notice that Mr.
Craig is a black man.
As am I.
You're asking me to bend over backwards to give him a break.
One black man helping another black man.
Well, that's not the way I think, Commander Rabb.
I believe above all in the rule of the law.
And I get angry when people put ethnicity ahead of that rule.
And when members of my community are treated too leniently because of their colour or circumstance There are those who would disagree with you, Mr.
Foreland.
There is, for example, the disproportionate number of African Americans on death row.
Yes, there's also a disproportionate number of African Americans preying on members of their own community.
I say what I think, Commander Rabb.
I'm not a popular man.
Popular enough to think about running for state attorney general as a law-and-order candidate, if the newspapers are to be believed.
I believe what I believe out of principle.
I believe that not enough has been asked of the men and women in my community.
And I think that's a disgrace.
I will not tolerate crime in my streets.
I will not have one black man attacking another black man for no reason.
I won't have people and children hiding in their houses, afraid to come out.
And I will not cut a three-time felon a deal, regardless of the colour of his skin or whether or not his daddy was nice to him in 1959.
You have given me no reason to change my mind.
Sorry to keep you waiting, A.
J.
Not a problem, Mr.
Secretary.
Took a chance of coming here without an appointment.
You're welcome to drop in anytime.
I thought it best if I call out informally with you as the president of the board.
This is our list of captain selectees.
These are all the names? The 11 best qualified candidates, sir.
I told you I wanted to see men and women with computer and administrative skills.
And we certainly took that in consideration among other factors.
You're not done.
I'm not signing this.
I want you to reconvene the selection board.
I want you to reexamine each and every candidate.
All of them, Mr.
Secretary? Use your discretion.
What's next? Final endorsements on line-of-duty investigations of sailors who crash on motorcycles.
Thirty in all.
That's a lot of careless sailors.
Petition to the Corrections Board needs your signature.
- I'll read it right away.
- I've requested an emergency hearing.
After that, I'm gonna deliver Staff Sergeant Craig's court-martial records - to the state's attorney's office.
- You left an S off "redress.
" You ought to put in for hazardous duty pay.
I heard that.
Is there any way to introduce new testimony in mitigation or extenuation? - Gunny? - I've located two Marines who were there the night of the incident.
Major General Richard Plesac was battalion commander.
- Who was exonerated of any guilt? - A highly respected officer.
And Joseph Osborne, one of the recruits who survived.
He received an administrative discharge after the incident.
Excuse me, ma'am.
Commander Lindsey's here to see you.
Send him in.
Come in, commander.
- Good morning.
- Good morning, sir.
Commander, what brings you here? I wanted a word with you, colonel.
Lieutenant, let me buy you a cup of coffee.
- Gunny? - Yes, sir.
You look good behind that desk.
People keep telling me that.
- What can I do for you? - I wanted to apologise if I was unduly hard on you during your court-martial.
Well, no permanent damage.
I was acquitted.
I have no objections to your telling the admiral of this conversation.
It might clear up matters.
I'll be sure to tell him when he gets back.
Sooner might be good.
Today even.
Why would I do that? Basic human kindness.
You do believe in second chances? When merited.
The SECNAV has directed that we reconvene and consider the candidates a second time, placing appropriate attention on the special skills cited in his guidance.
Does this have anything to do with his personal JAG, sir? What did he say? You must select him for promotion? Commander Lindsey's name never came up in conversation.
Put up Commander Lindsey's records, please.
Ask your questions, Captain Ingles.
Have you ever seen Commander Lindsey in court, sir? Once he prosecuted one of my staff JAGs.
- Win or lose? - Lose.
What kind of a job did he do, sir? Not good enough, fortunately.
You said he worked for Admiral Brovo, sir.
Would you consider bringing him on to your staff? - No.
- Why, sir? Commander Lindsey goes outside the limits.
With all due respect, sir, I've had dealings with members of your staff, admiral.
You give your lawyers a lot of latitude.
Because I trust the people that work for me.
And by extension, sir, you do not trust Commander Lindsey? No, I do not.
Thank you, admiral.
Let's vote.
He's right over there.
Yeah.
Thank you.
Private Osborne? Not for a long time.
It's Joe.
Commander Rabb.
- JAG, right? - Yes, sir.
Whatever it is, commander, I didn't do it.
Well, I'd like to talk to you about Staff Sergeant Daniel Craig, Mr.
Osborne.
What's that bastard done now? You remember him? It's hard to forget that he killed two men.
Well, Joe, that's a matter of dispute.
Gonna be a hearing before the Corrections Board.
I know you were there and that you testified at the trial.
I'd be interested, if you have the time, what you remember.
He hated every damn last man in that platoon, commander.
He said we were the sorriest bunch he'd ever tried to kick into shape.
So he ordered a forced march through the swamp? Yep.
The staff sergeant came into the barracks in the middle of the night.
He picked ten of us and had us get dressed.
He took us out to that damn swamp.
He wanted to make an example of us.
Was he the only DI who ever ordered a forced march? The first one on a night that cold.
He marched us right into that freezing water.
You're the biggest bunch of unsat human beings I've ever seen in my life! What the hell you looking at, Osborne? Don't you eyeball me, boy! Sir, yes, sir! Now get your sloppy bodies in the water.
Sir, yes, sir! Keep moving.
And don't stop till I tell you.
Hurry up! Move! Go, now! Move your butts! We got all turned around in that damn swamp.
It was tough going.
But we stayed in the damn water just like the sergeant told us.
The only thing was a couple of those boys got left behind.
And by the time they found those two men, it was too late.
Those coloured boys, they were good recruits.
Or trying to be.
Staff Sergeant Craig wanted to teach them a lesson.
He taught them all right.
I don't understand why you're coming to me now.
The court-martial was 25 years ago.
Well, sir, Staff Sergeant Craig is looking at life in prison if I can't undo his sentence.
I'm your last recourse? Almost, general.
I've heard Staff Sergeant Craig was a lost soul.
Well, sir, he's had his share of bad luck and he has certainly made more than his share of mistakes.
- I know.
I was a witness against him.
- I know that, general.
I hoped that maybe after all this time, you might have had second thoughts.
I don't change my mind, commander.
Facts are facts.
It took four hours to locate those missing recruits.
By the time we reached them, one was dead and the other was dying.
General, were you aware that Staff Sergeant Craig was conducting a forced march that night, sir? No, the drill instructors had discretion in the means they used to train their platoons.
You were aware that other forced marches were frequently conducted? Yes, that's why the commandant of the Marine Corps issued a white letter prohibiting them.
Staff sergeant disobeyed that order.
General, I have obtained affidavits from members of different platoons.
Other drill instructors disobeyed that standing order, sir.
There's nothing I can say that can help your man.
Staff Sergeant Craig, and only he, was accountable for the deaths of those recruits.
Commander, we've granted you this opportunity because of your compressed time frame.
Thank you, Mr.
Morris.
I'm not here to argue that Staff Sergeant Craig is without guilt in this incident.
However, I am prepared to argue that what he did the night of April 7th, 1975, was at the time considered standard practise during basic training.
Was that stated Marine Corps policy? It was not the written policy, sir, but it was the way things were done.
That doesn't make it right and it doesn't relieve the staff sergeant of culpability.
Staff sergeant's punishment was not proportional, ma'am.
He was a scapegoat for flaws in an accepted training practise.
But didn't he plead guilty to these charges, commander? I mean, doesn't that imply he believed himself fully responsible and deserving of punishment? I have interviewed Staff Sergeant Craig at length, sir.
He has a highly developed sense of honour, a love of the Marine Corps.
His humanity in the fact that two lives were lost lead him to accept responsibility.
He could not have foreseen the consequences of this action.
- Referring to the three-strikes law? - Yes, sir.
When Craig pleaded guilty at the court-martial, he had no idea he would one day be facing life in prison as a result of that plea.
Commander, our charter doesn't allow us to base our decision on such considerations.
We are only deciding whether the sentence reflected in the staff sergeant's records constitutes an error or an injustice.
Mr.
Morris Sir, ma'am, it was common practise at Parris Island to march recruits into the marshes.
So other drill instructors are at fault? The base chain of command is at fault? Yes, ma'am.
Yes, they are.
If you wanna bring charges, commander, you've come to the wrong people.
No, sir, I've come to the right people to correct the wrong that has been done to Staff Sergeant Craig.
And to save him from a draconian punishment he doesn't deserve.
Thank you, commander.
We will take your petition under consideration and we'll issue a written ruling.
Unfortunately, Mr.
Morris, I need your ruling within the next 24 hours, sir.
Be careful what you wish for, commander.
Miss Hanratty? I haven't seen enough evidence.
No.
Mr.
Xavier? I feel for Staff Sergeant Craig, but no.
You managed to persuade me, commander.
But it's two against one.
So your petition is denied and the original conviction and its sentence remain in the record.
I wish Mr.
Craig luck.
Your fine will be $207.
Pay the cashier.
Yes, ma'am Victor Galindez.
Yes, ma'am.
I'm representing Mr.
Galindez, Your Honour.
Really? A copy of the ticket, Your Honour.
If you'll notice, it's not signed.
That would be true, counsellor.
According to Virginia Code 4625, subsection E, this makes the infraction invalid.
You are correct.
I'll subtract this penalty from the seven that remain outstanding.
- Mr.
Galindez? - Yes, ma'am.
Pay the court $416 in fines and late fees and you may regain the use of your vehicle.
I don't think you understand, Your Honour.
Mr.
Galindez is contesting all seven violations.
Let's start at the top, shall we? On October 16th of 1999, a ticket was issued on Washington Street.
You Honour, since the parking hours on the sign were obscured by bird faeces, Gunnery Sergeant Galindez was unable to properly read it.
Outstanding.
Tiner.
I'll be honest with you, there were times when I questioned your judgement.
There were times I thought you were out of your mind.
But you aced it.
- Can I tell you something? - What? I didn't know if I had the nerve to get up on my feet and make a case.
I thought I might fold.
I know what it feels like for the commander and the colonel to have to.
Didn't you check the sign? Commander Lindsey will have other chances, Mr.
Secretary.
I don't recall discussing the commander with you by name.
No, sir.
You did not.
- That'll be all? - Unfortunately, yes.
You and I have different opinions about what makes a good officer.
Well, sir, at least on that much, we agree.
When it comes to fitness reports, I call them as I see them.
Yes, sir.
And I look forward to your remarks the next time you write mine.
Well, I'm sure you'll find my remarks enlightening.
I'm sure I will, Mr.
Secretary.
Thank you for your time, sir.
Admiral? Commander Lindsey.
Did you speak to Colonel MacKenzie? Well, we talk every day.
About me, sir.
Actually, JAG business does come up more often.
I wanted to talk to you about the results of the promotion board.
You know I can't do that.
I realise that, sir.
I just wanted to say that no matter what happens, I want you to know there are no hard feelings.
This is inappropriate.
But, sir, if you ever had an opening on your staff, - I would - Commander.
- Lieutenant.
- Congressman.
- How are you? - Thanks for meeting me.
If I find I have a need for someone of your skills, you'll be my first call.
Do you swear to tell the truth and nothing but the truth, so help you God? - I do.
- Be seated.
Mr.
Craig, I would like to review the events which took place the night of April 7th, 1975.
On this night, you ordered ten misfit Marine recruits from your platoon into a swamp at Perris Island.
You did this as a punitive measure and also to make an example of these men.
Now, during the night, two recruits died from hypothermia.
All that is fact.
Why did you order these men into the swamp, Mr.
Craig? To get them squared away.
I served two tours in Vietnam, commander.
I saw Marines die who could have lived if they were tough enough and disciplined enough to make the right decisions.
When you ordered these men into the water, was it out of anger? No, sir.
- They were tough enough to handle it.
- Do you harbour a resentment - toward black Marines, Mr.
Craig? - No, sir.
Are you harder on blacks than whites? Yes, sir.
- Why? - Saw too many screwed-up black men coming from the inner city.
Some of them had guts but not a damn one of them knew how to work in a team, put themselves second.
That's why I never cut any of them no slack.
What happened that night, Mr.
Craig? Look, all those recruits had to do was to stick together and help each other out.
But that never happened.
Those two recruits got left behind.
By the time we found them, it was too late.
How did you feel when you discovered Privates Cramer and Washington had died? Like a part of me had died.
Was this in your testimony during your court-martial? No, sir.
- Why not? - I pled to the charges.
Military training is very dangerous, Mr.
Craig.
Why not throw yourself on the mercy of the court? I am responsible for my failures.
Why did you attack Robert Johnson in the parking lot? I thought Mr.
Johnson was abusing his child.
Four years ago, you had an altercation with a neighbour.
You also attacked this man.
Why? No good reason.
I was drinking.
- Do you still drink? - No, sir.
Not since that night.
Look, I regret what I did.
Both times.
I have no further questions, Your Honour.
Mr.
Foreland? What kind of man are you? Bad enough so you think I need to spend the rest of my life in prison.
Correct.
- Were you born that way? - No, sir.
- Raised bad? - Oh, no, sir.
My mother was tough.
She expected me to toe the line.
- Did you? - No, sir.
Took the Marine Corps to straighten me out.
That's what I was trying to do with those kids coming up after me.
I wanted to give them discipline, self-respect, honour.
Yeah, Mr.
Craig, I'd like to go back to your testimony that you were tough on black recruits.
Is that only true in the case of Privates Cramer and Washington or was that a pattern? That's just the way that I did things.
And what were the results? Mostly I made good men out of messed up boys.
If you were in my place, Mr.
Foreland, you're the one who might be sitting here.
Are you saying that I would have killed those men? No, you want what I want.
To hold black men to a higher standard.
Do you see any reason why you should get a break in this proceeding? It's what you think that matters.
Persuade me.
I want another chance to get my life squared away.
And I'm not too proud to ask you for help.
You realise you just can't go around attacking people who piss you off.
Yes, sir.
I realise that.
But with Commander Rabb's help, I turned to the Marine Corps to assist me with my problem.
Now they helped me out once, a long time ago.
They can do it again.
Your Honour, may we have a brief recess? Very well.
You may step down.
This court is in recess for 15 minutes.
Joint motion to dismiss the strike.
Twenty-four months.
Agreed.
You were right.
It could have been me.
What happens now? Well, you do your time.
The rest is up to you, Mr.
Craig.
You know, some people ask for a second chance in life.
You got a third.
- That gonna be on your tab? - Yeah.
They're just like that.
- Colonel.
- Sir.
- Virgin Mary.
- Coming right up, ma'am.
You look terrible.
I'm sorry.
That was so inappropriate.
Really? It thought it was somewhat understated.
You know, Mac, maybe you should get used to sitting behind my desk.
Something happen, sir? I effectively terminated my career today.
How is that possible? Well, I'm not at liberty to say.
You know, there's an old saying: "The most bitter remorse is for the sins we did not commit.
" What sins were you thinking about committing with SECNAV? Murder.
You should go see Dr.
Walden.
Maybe she could No more Dr.
Walden? You broke up with her? Other way around.
Well, that doesn't make any sense.
Well, thank you, colonel.
I didn't think so either.
When did that happen? A while back.
And you didn't say anything? Okay, we just hit the limit on touchy-feely.
Hey there.
Nice to have you back, admiral.
Well, I'm just passing through.
Bartender? Coming right up, sir.
- Everything all right, sir? - Yeah.
Nothing I can't handle.
Thank you, sir.
Admiral, why don't you give Dr.
Walden? Well, I didn't read your name in any police blotter.
Sir, the commander was actually a model citizen.
How come he obeys you and not me? Just lucky, I guess.
Lucky is not a bad quality in an officer.
You know, when they asked Napoleon how he picked his marshals, he said, "I chose the lucky ones.
" When they complained about General Grant's drinking, Lincoln enquired as to the type of bourbon he drank so he could buy a barrel for all his generals.
So, colonel, I guess we need to revise the fitness reports and counselling records.
Sir? Under remarks put "lucky and likes bourbon.
" Makes as much damn sense as anything else.
- Hey, look who's here.
- Hey.
Hey, sir.
Colonel.
Admiral.
- Good to see you back, sir.
- Yeah, that goes double for me, sir.
- Good to see you.
- Hey, how's Dr.
Wal? Lieutenant, did you ever figure out how to fix JAG Instruction 3590.
1 Alpha? Yes, sir.
Piece of cake.
Well, then you deserve a plaque.
Oh, no, seriously, sir, the colonel and I really enjoyed our work.
I can see why you really love your job.
Lieutenant, you know I do love my job.
And I am damn lucky in my people.
Because the world out there, baby, it's cold.
I really can't stay Baby, it's cold outside Baby, it's cold outside I must get away I must get away Because, baby, it's cold outside