JAG s07e10 Episode Script
Dog Robber (2)
BOONE: Birmingham approach this is Birmingham 2-5.
COD, Ball two-point-five.
LSO: Roger, Ball.
AIR BOSS: Line up's good.
BARRETT: Birmingham approach, this is Birmingham 4-3.
Lieutenant Barrett's turning on final, sir.
Hornet, Ball 3-point-5.
LSO: Roger, Ball.
Do you have any hung ordinance? Negative, LSO.
All ordinance expended.
XO, have the master-at-arms arrest Lieutenant Barrett.
Admiral.
Commander, there's a chance I may need counsel.
Well, you have a gift for understatement, Lieutenant.
You'll be charged with everything in the book.
Admiral, I want you to know, I buzzed the airfield first.
I gave them fair warning.
Lieutenant, as your prospective counsel, my advice to you is to remain silent.
I have nothing to fear from telling the truth, sir.
Not if you don't mind spending the next ten years at hard labor in Leavenworth.
(TV playing) TV ANNOUNCER: Back to Military Bloopers.
Is this exercise too hard for you? You want a step stool brought in?! Or maybe we should just mark you absent for the day, send you home to your mother! Captain, the principle here is not that complicated.
You lift your head and you crunch.
Captain, I don't know how you feel, but now I'm embarrassed.
You can't possibly tell me that's the best you can do, because if you can't pick them up and put them down any faster than that, there's only one finish line you're going to be crossing.
(sniffling) ANNOUNCER: Stay tuned for more (clicks off TV) RABB: Do we have a damage assessment yet, sir? Initial satellite reports indicate that the EP-3 sustained a direct hit.
Any loss of Chinese life, Admiral? None reported.
Sir, there were 24 minutes from the time the initial incident with the MiG and when it was landed in Fuzhou and boarded.
So, maybe 60% of the emergency damage bill was complete before the Chinese came aboard.
And, uh, given Lieutenant Barrett's preemptive strike how much do you think the Chinese got? Best guess, not much.
One more day, they would have had our codes.
By all rights, we should be giving Lieutenant Barrett a medal.
Yeah, only if he was ordered on that mission by Captain Hubbard, sir.
Apparently, that was Lieutenant Barrett's decision.
So, Lieutenant Hildon gets the medal for turning the EP-3 over to the Chinese and Lieutenant Barrett gets screwed.
Tiner, get Good morning, sir.
me the Colonel.
Wh-Why are you standing in my doorway? Because you wanted to see me.
Is this one of those, um, ESP moments? No, sir.
Come in.
Did you happen to catch the Military Bloopers show last night? That's why I'm here, sir.
Within five minutes of airing of that damn show a complaint came over the sexual harassment hotline from Captain Sheilah Grantham.
The marine officer in the video.
Charging her C.
O.
, Colonel Harry Presser, with creating a hostile command atmosphere by discriminating against women.
There must be something there, sir, for a female officer to make a hotline complaint.
That's why I want you to look into it.
My bag is packed.
Dismissed.
Aye, aye, sir.
Colonel about this psychic thing, um I know it comes in handy; just don't broadcast it.
You don't want to get the reputation as being one of those um, um you know R-Right.
Um never again, sir.
BARRETT: What would you have done in my place, Commander? What I would have done, Lieutenant, is irrelevant.
The list of charges against you will be long.
Article 108, willful destruction of military property valued in excess of $100 carries a maximum sentence of ten years confinement.
Article 90, willful disobedience of a superior commissioned officer: five years confinement.
Article 92, violating a general order, two years confinement of hard labor: dismissal from the service.
It adds up, Lieutenant.
But what I did was right, sir.
Lieutenant, you've created an international incident.
You acted in violation of navy policy, and you damn near started a war between the United States and China.
I'm sure most Americans will understand, sir.
Lieutenant, you will have no less than five senior navy officers serving as members at your court-martial.
While they may sympathize with your cause and spirit, I'd be surprised if a single one condone the fact that you violated orders.
GRANTHAM: So, you can imagine, ma'am, how I felt when I saw myself on TV.
Or maybe not.
I'm sure nothing like that has ever happened to you, ma'am.
It has, Captain.
My whole life was the lead story on the 6:00 news.
Did they make fun of you? During the course of a single trial, Johnnie Cochran insulted my hairstyle, Mary Hart talked about my "body of evidence," and opposing counsel told a national TV audience that I would make a better lap dancer than a lawyer.
Is that why they sent you, ma'am? Because you know about that kind of intimidation? They sent me because I'm an experienced lawyer.
My 15 minutes of fame has nothing to do with it.
Start at the beginning.
Well, ma'am, for the morning P.
T.
, Colonel Presser set the bar high.
Normally the time for the women is three minutes more than the men.
He insisted on the same time for both.
That way, a number of women fell out along the way.
And you were one of them? Yes.
I am the S-4 logistics officer, ma'am, and a darn good one.
I'm in okay shape, but that course was a killer.
So you complained.
I went to Colonel Presser first, off the record.
The colonel still insisted on a single standard for both men and women.
When I fell short, week after week, I was subject to mockery.
That had a negative impact on my ability to lead, and it was personally hurtful and demeaning.
How did it come about that the weekly run was canceled? General Kruger ordered it, ma'am.
Did you request the general do so? I brought to his attention that the slow runners were ridiculed by the fast ones and that Colonel Presser intended to keep it that way.
How long after your complaint to General Kruger did the video appear on Military Bloopers? The next week.
It was payback, ma'am.
Because you complained? Yes, ma'am.
They wanted to make a fool of me.
"They"? A-Are you accusing Colonel Presser? No.
Then who? You might want to start with the Training Chief Gunnery Sergeant Smith, ma'am.
He's the staff NCO responsible for the training schedules.
Do you have a problem with him? Well, I knew it was his practice to videotape all segments of training as an instructional aid.
BOONE: So, how are you going to defend him? I don't know yet, Admiral.
Are you familiar with the lighthouse in Hanoi Harbor? Yes, sir.
It was off-limits.
Its destruction would constitute a hazard to third country shipping.
Yeah, you're right.
One of the last missions I flew, we took heavy flak.
We lost three air crews.
That unfriendly fire was directed from an artillery unit at the base of that lighthouse.
Now, this happened every mission, only we couldn't touch it.
Those were our orders.
So, on the way home, I sent my wingman on ahead and I turned back to that lighthouse.
I fired 2,000 rounds directly into that flak sight.
Point-blank.
It made a lovely light.
Now, that was in violation of the international rules of engagement, standing op orders, and possibly the Ten Commandments, but for a time, none of our planes got hit by that site.
Now, knowing those circumstances, would you have brought me up on charges? That was during a time of war, sir.
Well, we're at war now.
So, do you respect the point of international law when your friends are getting shot down and killed? Or worse? If what happened spared one man seven years of hell in the Hanoi Hilton, then it was worth it.
It was my father who took out the lighthouse.
I don't remember saying that.
That's because you wouldn't, Admiral, knowing how far out of bounds Dad had gone.
How can you know that? You were, what, five when he was shot down.
Letter tapes he sent home to my mother.
He also said, sir, that you could never hide what you were thinking or feeling.
If we played poker, sir, I'd clean you out.
Were you always this obnoxious? Yes, sir.
You just never noticed.
So, how are you going to defend him? Well, I can't do it with old war stories.
The larger truth is on your side, Commander.
Yes, sir.
I just have to get past the facts.
SINGER: Welcome back, sir.
We were all worried about you.
Hmm.
Well, that's reassuring, Lieutenant.
When you have a moment, sir, I would love to hear your side of what happened.
I don't have a side, Lauren.
It was so exciting.
We were watching you on the news and now you're representing Lieutenant Barrett.
So what I want to know is What you should know, Lieutenant, is that I'm asking Lieutenant Roberts to be my co-counsel.
I could have helped out big-time, sir.
Yes, I'm sure you could, Lauren, in your fashion.
That's so rude.
REPORTER: I'm here on the deck of the supercarrier USS Thomas Jefferson.
(knocking) Enter.
This deck has been abuzz with activity as flight crews prepare to take off.
The Seventh Fleet is still on high alert following the incredible actions of Lieutenant Barrett.
The Lieutenant served aboard Have a seat.
Yes, sir.
You'll be going up against Commander Turner in this case.
Well, I'll look forward to that, sir.
Commander, um, tell me about Lieutenant Barrett.
I like him, Admiral.
Reminds me a lot of myself before you straightened me out.
Keeping you squared away is a lifetime project, Commander.
Yes, sir.
Got a defense lined up? Still struggling with that, Admiral.
Getting a lot of pressure from the Pentagon and the Hill.
What Lieutenant Barrett did put a major crimp in our diplomatic relations with China.
That's unfortunate, Admiral.
Of course, it has no bearing on his guilt or innocence.
Of course, but handling this quick and clean is in everyone's interest.
Now, I expect that you and Commander Turner will be sitting down and talking about a possible deal.
Before I talk with Commander Turner, sir, I'd like to spend a little more time with Lieutenant Barrett.
Get to know him, see what he's made of.
Well, I think he showed what he was made of when he blew up that EP-3.
MacKENZIE: Why did you videotape Captain Grantham? To show the captain what she was doing wrong.
Not to show the tape to fellow section personnel? Well, that happened, too.
Was there an educational purpose to those viewings? No, ma'am.
Mostly we laughed.
There are some who might consider that a mark of disrespect, Gunnery Sergeant.
Subjecting an officer to ridicule.
Yes, ma'am.
It was a serious error in judgment on my part.
Besides, that videotape was never meant to get out beyond the few of us.
I regret that.
That marine didn't deserve to be shamed, and I am prepared to face the consequences.
Precisely how did the tape get seen by every marine in the battalion and into the hands of Military Bloopers? Don't know, ma'am.
Gunny, if you have other tapes I'd advise you to keep them under lock and key.
I've recycled them all, ma'am.
Good.
That will be all, Gunnery Sergeant.
Thank you, ma'am.
Gunny I understand that you had a heart transplant last year.
You do your homework, ma'am.
Are you 100%? No, ma'am.
Don't expect to be.
You could submit for a medical discharge.
Not as long as I can still stand, ma'am.
Maybe I can't do all the things I did, but I can still train men to fight.
What about women? If they meet the requirements.
Do you set the standards so high that many of them fail? Colonel Presser sets the standard, ma'am.
I just put the program together and keep track of how my marines are doing.
Now that you've experienced weakness yourself, you might try to understand it in others.
Don't understand it at all, ma'am.
It was my heart that gave out not my spirit.
Excuse me, ma'am.
RABB: How did you get to the Academy, Lieutenant? My, uh, father was navy enlisted, sir, and so was my grandfather, so it just seemed natural that I would compete for a congressional appointment.
I was the first person in my family to go to college or become an officer.
Oh, up until the incident, your record was exemplary.
Respectfully, I'd argue that it still is.
So how do you plan to convince the members of that fact, Lieutenant? The Chinese had our secrets, sir, and our technology.
I didn't attack the Chinese.
I destroyed our own aircraft.
Were you ordered to do so? No, sir.
Did anybody else know what you were intending to do? No.
RABB: Not Lieutenant Crawford? No, sir.
That's why I made up the stuff about fluid leaking out of his fuel dump.
I sent him back to the ship so he'd have no part of this.
It wouldn't have been fair.
Why did you decide to address the problem with force, Lieutenant? No one else was going to do anything about it, sir.
You didn't know that.
The last time the Chinese took one of our aircraft, we didn't do anything about it.
I didn't want that to happen again.
The last time this happened, Lieutenant, we gave the pilot a medal for saving his crew.
Look, the opposing counsel is going to come to us tell us that we don't have a case.
They're going to offer a deal.
You should consider it.
No, sir.
No deal.
I want my trial.
All right.
All right, Lieutenant, but you should know that I will not put you on the stand.
Isn't that my decision, sir? It is, but if that's what you want, you should look for another attorney.
(sighs) All right, then, we'll do it your way, Commander.
I'd just like to know that you're on my side.
Have you interviewed Captain Grantham? I have, sir.
What is your opinion? I've not yet formed one, sir.
Bull.
Why did you set the bar so high on the mandatory exercises? To separate the men from the boys.
Not to demean or humiliate the women, sir? No.
Some of the women marines did that to themselves.
Colonel, it's rumored that you're in line for a command at Parris Island.
Are you threatening me? No, sir.
I deal in facts.
Well, here's a fact.
You're a female.
Yes, sir.
You feel we should have a lower standard for women? What I feel is beside the point, sir.
Is it, Colonel? You want to know what kind of a man I am.
And I'm interested in knowing what you're made of.
Just what kind of a marine are you? If I didn't believe that women were equal in the Marine Corps, I would not be here, sir.
I believe that we all-- men and women-- should be held to a high standard.
Then ask your questions.
Are you in line for a command at Parris Island? Yes.
Are you aware this controversy may hurt your assignment, sir? Yes.
Have you changed your mind about the wisdom of what No.
you did regarding the mandatory exercises? Even after the training video was shown on Military Bloopers? I don't watch television.
Captain Grantham humiliated, sir.
Then they're idiots.
But it is unfortunate that videotape was made public.
Who's responsible for the release of that tape, sir? Don't know.
Thank you for your time, sir.
So, now you'll decide if charges will be brought? I'll make recommendations to the convening authority, sir.
While you're "recommending," I want you to keep something in mind.
What's that, Colonel? We're at war, Colonel.
And we will be at war for quite some time.
And we need to train the way we fight and we can't carry marines who can't cut it.
The head of your training section is Gunnery Sergeant Smith.
He had a heart transplant last year but despite his diminished capacity, you've kept him in place.
Isn't that a double standard? No.
We can't afford to lose marines like him.
What kind of shape are you in, Colonel? I can hold my own, sir.
When did you do your last P.
F.
T.
? I'm due.
I can arrange for you to do it while you're here.
Excellent, sir.
TURNER: You don't have a case, Harm.
Yeah, well, according to you, Sturgis, I've never had a winnable case.
You represent unusual clients, my friend.
Everybody's entitled to the best possible defense.
Yeah, but you go that extra mile.
Lieutenant Singer told me that you shot off an automatic weapon into the courtroom ceiling.
Tell me that's not true.
Unfortunately, it is.
You know, I'm her role model.
She told me once.
Oh, well, I'm sure you are.
That's why she asked to be my co-counsel on the Barrett court-martial.
She likes to work with the best, huh? That's why she asked you, huh? My man doesn't want to deal.
Then I've got no choice but to hit Lieutenant Barrett with everything I've got.
What's wrong? This is off my old car.
How do you know that? These nicks see? There.
How can you be sure it's yours? That dent.
From my class ring.
So, someone's selling you back the same steering wheel they stole off you in the first place? How much did this cost you? A hundred and change.
Okay, you're dealing with a company that calls itself Midnight Auto Supply.
Operate out of a mail drop.
Nice.
What about this deal, Harm? No one wants to see this kid get slammed, but, uh, he's got to do some time.
How long? A year.
He'll be out in six months with good conduct.
I'll present it to him, but I don't think Lieutenant Barrett's going to go for it.
What are you going to do, shoot up the courtroom? Worked once.
Not this time.
Different world.
REPORTER: As the eyes of the world fall on a courtroom in Virginia, a proceeding unlike any we've seen before is unfolding: the court-martial of Lieutenant Carl Barrett.
Lieutenant Barrett is the naval aviator who attacked and destroyed the American EP-3 aircraft recently captured and held by Chinese authorities.
The future of Lieutenant Barrett, and perhaps the future of U.
S.
relations with China, will soon hang on a jury's decision.
First up on the stand will be Captain Ray Hubbard, the skipper of the aircraft carrier from which Lieutenant Barrett launched his attack.
TURNER: Captain Hubbard, did you order Lieutenant Barrett to fly into Chinese airspace and destroy an EP-3 sitting on a runway at Fuzhou Air Base? Objection.
Assumes facts not in evidence, Your Honor.
Your Honor, as counsel knows, I have previously introduced a videotape of the attack taken by Chinese soldiers.
Lieutenant Barrett's squadron and aircraft side numbers are clearly visible on the F-18 that destroyed the EP-3.
I'll allow the line of questioning.
Did you order Lieutenant Barrett into Chinese airspace, sir? I did not.
Did Lieutenant Barrett blow up the EP-3 on the runway at Fuzhou Air Base? He did.
Did you order him to do that, sir? No.
SINGER: When did you first realize there was a problem, Lieutenant Crawford? Lieutenant Barrett told me I had fluids streaming from my left fuel dump, indicating a fuel leak.
What did he do then? He ordered me to return to the ship.
Did you tell him your fuel gauges read normal? I did.
Did you discuss beforehand what he was going to do next? We did not, ma'am.
Did you have any idea he was going to invade the Chinese airspace and destroy the EP-3? Objection.
Leading the witness.
I'll allow it.
No, ma'am, I did not.
No further questions.
Lieutenant Crawford, do you have an opinion about what Lieutenant Barrett did? Yes, sir.
That he did good.
And what our country ought to have done.
No further questions.
SINGER: Redirect, Your Honor.
JUDGE: Proceed.
Lieutenant Crawford, why didn't you do what Lieutenant Barrett did? Did you lack the nerve? No, ma'am.
Then why? Because it was against orders, ma'am.
Thank you.
No further questions.
This will be your second stage, ma'am.
The 200-yard line, standing to kneeling two magazines, five rounds each with a time limit of 70 seconds changing magazines.
Are you ready, ma'am? I am.
With one magazine, five rounds-- lock and load.
You may commence firing when your DOG target appears.
DUNSTON: The sometimes tenuous friendship between the United States and China has faced setbacks before, but since Navy Lieutenant Carl Barrett launched his attack on an American EP-3 aircraft on Chinese soil, relations between the two countries have turned decidedly chilly.
In an unprecedented diplomatic gesture, Chinese General Shin-Wa Chen plans to testify today.
General Chen, were you at Fuzhou Air Base on the day the American EP-3 was destroyed? I was.
Did you see the attack? I did.
The American F-18 came from the north and fired two AMRAAMs at the EP-3.
Did you have aircraft in the air at the time? No.
Did you provoke the attack? No.
in fact, we gave the EP-3 landing refuge.
Thank you.
No further questions.
JUDGE: Commander Rabb? General Chen, why was our EP-3 on the runway at Fuzhou Air Base? Your pilot, Lieutenant Hildon, flew it there.
RABB: After first being rammed by one of your MiG fighters in international airspace.
That is a matter of dispute.
Now, after the EP-3 had landed at Fuzhou, General, did you hold the crew hostage? The crew was briefly detained for their own safety.
Did you return the aircraft, General? No.
We were preparing for it to be shipped back Right, after stripping it first.
Objection.
Facts not in evidence.
Sustained.
Move on, Commander.
Please, General, give my regards to Lieutenant Li upon your return.
Lieutenant Li is dead.
We buried him yesterday in a quiet ceremony.
JUDGE: State your name and rank for the record, sir.
Thomas Boone, Rear Admiral of the United States Navy.
Admiral Boone, during your one-year retirement from the service, did you teach a class in leadership at the United States Naval Academy, sir? I did.
What are your qualifications, Admiral? What positions of leadership, sir, did you occupy during your 34 years of service? I was a squadron commander, skipper at Top Gun, commanding officer aboard a fleet oiler, air wing commander aboard the USS Seahawk, in addition to my flag assignments.
The government will stipulate to the Admiral's stellar naval career.
Thank you, Commander Turner.
Admiral, are you familiar with the expression "Don't give up the ship"? I am.
It's a fundamental precept of the United States Navy.
RABB: What is the origin of that expression, Admiral? BOONE: Those were the dying words of Captain Lawrence of the USS Chesapeake in his battle with HMS Shannon.
Can you give us an example, sir, of this principle in action? Classic battle between American man-of-war Bonhomme Richard and HMS Serapis in which John Paul Jones when ordered to surrender his sinking ship, refused, boarded the enemy vessel and said, "We have not yet begun to fight.
" Not bad for a lawyer.
Not bad for a marine.
Admiral, can you give us an example of what happens when this principle of "Don't give up the ship" is violated? Yes, I can.
January 23, 1968.
The captain of the U.
S.
intelligence-gathering ship Pueblo, when threatened with attack, surrendered his ship to four North Korean gunboats without firing a shot.
Relevance, Your Honor? I'll allow that.
What was the result of giving up the Pueblo, Admiral? I believe there was a serious erosion of this country's sense of national purpose.
But, more importantly, for 30 years that ship's been tied up at a dock in North Korea.
It's an affront to every man or woman who's served in the navy.
If I had my way, we'd have gone in and sunk the damn thing.
Objection, Your Honor.
I'm sure that the admiral is a fine instructor and an inspiration to the middies but what does this have to do with the matter at hand? I'd like to get to that, Your Honor.
So would I.
Please, get to the point.
Admiral Boone, how do the actions of the EP-3 crew handing the aircraft over to the Chinese affect your definition of "Don't give up the ship"? What the EP-3 pilot did was in direct opposition to the tradition of the United States Navy.
Even though, sir, there was a risk of loss of life if the aircraft had been ditched? Yes.
That was a chance that this aircrew knew they were taking.
That's what you sign on for when you join the navy.
You do not hand your aircraft over to your enemy and that's exactly what this pilot did.
Admiral, you speak of aggression.
You talk of the Chinese as our enemy.
On what do you base these assertions, sir? BOONE: Since 1952, Chinese MiGs have attacked seven of our intelligence-gathering aircraft, flying missions off the coast of China.
have been lost.
Thank you, Admiral.
Nothing further.
Commander Turner, do you have any questions for the admiral? Yes, Your Honor.
Yes, I do.
Admiral Boone, are we bound by hostilities with China? Technically, no.
Are they required by international law to give landing refuge to a crippled aircraft? Yes.
So, Lieutenant Hildon did a prudent thing by landing at Fuzhou Air Base.
That could be argued.
Well, Admiral Boone, isn't it true that an aviator is bound by navy regulation and not by navy tradition? I would argue that he was bound by both.
Would you still feel that an aircraft should be ditched if you were responsible for the lives of 17 crew members several of them injured? That would be a tough call, Commander.
Are you aware, sir, that after the first incident involving an EP-3 landing in China, the navy awarded that pilot a medal? Oh, yeah.
Yes, I am.
Thank you, Admiral.
No further questions.
MacKENZIE: Colonel Presser.
Colonel MacKenzie.
I've finished my investigation.
I know you're under no obligation to tell me your decision.
There's no reason you shouldn't know, sir.
It's my belief that you've created a hostile command environment.
You've done this by setting standards that the Marine Corps itself does not require women to meet and you've allowed your training personnel to belittle those women who fail.
I see.
I do not believe punitive action is required under the UCMJ, sir.
I wouldn't think so.
However, Colonel, it will be my recommendation that you be administratively reprimanded.
Do you suppose I would compromise my beliefs? No, sir, that thought hadn't crossed my mind.
You are effectively terminating my career.
No, Colonel, you're doing that.
So be it, but I want you to think about something, Colonel.
The Marine Corps may not put women on the front lines, but someday, somewhere, a JAG office or motor pool will be overrun, and there will be women there, and then they will have to fight for their lives, and I only hope they are every bit as good as the men they are serving with and if they're not, then their blood will be on your hands and others who think like you.
BARRETT: How bad is it, Commander? It's not good.
Admiral Boone made a great argument.
Well, given the weight of the evidence against you, Lieutenant, it wasn't enough.
Put me on the stand, then, sir.
If I put you on the stand, Lieutenant, you'll have to answer for what you did.
You'd better be prepared for that.
Good morning, ma'am.
Gunny.
Scuttlebutt says you're heading back to D.
C.
You heard right.
Well, it's been a pleasure knowing you, Colonel.
Ma'am, it may be that I'll be needing a lawyer.
I'm not recommending charges against you, Gunny.
That's not what I'm worried about, ma'am.
But just in case some bonehead ever wants to terminate my career I'll be coming to you.
You know where to find me.
Semper fi, ma'am.
Semper fi.
DUNSTON: In these days, when the United States is waging war on terrorism, the actions of Lieutenant Barrett have drawn intense scrutiny.
Our allies, old and new alike, are watching and waiting asking themselves where do America's loyalties lie and are there limits to those loyalties when events put them to the test? The disposition of Lieutenant Carl Barrett's court-martial may well provide an answer to that very question.
RABB: Lieutenant Barrett, did you destroy an American EP-3 on the main runway at Fuzhou Air Base in the Fujian Province of China? Yes, sir.
Were you ordered to do so? No, sir.
Then why, at great personal risk, would you? Your Honor, counsel is editorializing.
Sustained.
Why did you destroy the aircraft, Lieutenant? The Chinese committed an act of aggression when they attacked our aircraft, sir, and while that aircraft was on the ground in China, well, our national security was being compromised.
So, why did you take it upon yourself to destroy the aircraft, Lieutenant? Because no one else was going to do anything about it, sir.
Facts not in evidence.
Move to strike, Your Honor.
The members will ignore the last.
Lieutenant, are you a graduate of the Naval Academy? Yes, sir.
Were you taught there never to give up your ship to the enemy? Yes, sir, I was.
Is that why you destroyed one of our aircraft, Lieutenant? Because of your training? Because it was the right thing to do? Your Honor, counsel is putting words into the witness's mouth.
I'll allow it, Commander Turner.
BARRETT: I was taught that it is in the highest tradition of the navy not to give up the ship, sir.
Thank you, Lieutenant.
Nothing further.
JUDGE: You may step down, Lieutenant.
We'll take a recess and then it's your turn to cross, Commander.
Thank you, Your Honor.
I'm looking forward to the opportunity.
Gunny.
Excuse me, Colonel.
I just wanted to thank you, ma'am.
For what? For doing the right thing.
Justice has been served, Captain, but at what cost? Well, you're making it better for all women.
No, I'm doing what I have to do because it's my job-- by the book-- but it's a damn shame that an officer like Colonel Presser will have his career cut short.
But what he did was wrong.
There were several wrongs done, Captain.
I made some calls.
You slipped that tape to Military Bloopers.
Why would I do that, ma'am? To lend weight to your accusations against the colonel.
Has it ever occurred to you that you might be happier in civilian life? TURNER: Lieutenant Barrett, why did you blow up an EP-3 on a Chinese runway? It had to be done, sir.
Regardless of the consequences? If I'm found guilty, Commander, I'm prepared to pay the price.
What about the cost to your government, Lieutenant? Well, I realize the aircraft was expensive, sir.
That's not what I'm talking about.
The cost I'm talking about is the damage to American/Chinese relations.
The cost I'm talking about is the increased danger that another such incident might occur.
The cost and the potential loss of American lives.
Well, that's the price we have to pay, then, sir.
Who are you to determine that, Lieutenant? At the Academy, I was taught what is right and what is wrong.
You were taught it was right to fly into sovereign airspace and fire rockets whenever the spirit moves you? Objection.
Counsel is badgering the witness, Your Honor.
Sustained.
Commander, let the accused answer without your heckling him.
Sorry, Your Honor.
Lieutenant, take all the time you need.
I thought long and hard and when I was sure that our hostages were safe, I returned to finish the job.
TURNER: What job was that? Making sure our secrets were safe, sir.
And are you sure that you accomplished that end? No, sir.
But it's likely that I did some good.
Maybe a lot of good.
"Likely"? Did you disobey orders, Lieutenant? Yes, sir.
Did you destroy government property? Yes, sir.
No further questions, Your Honor.
Redirect, Your Honor? Go ahead.
Lieutenant Barrett, did you give the Chinese advance warning of your intentions? Yes, I buzzed the airfield, sir.
Giving them the opportunity to retreat to safety and to prepare for your return? Yes, sir.
Why would you do that, Lieutenant? I didn't want to see anyone killed, sir.
There was enough collateral damage already.
Thank you, Lieutenant Barrett.
The defense rests, Your Honor.
( knock at door ) CHEGWIDDEN: Enter.
You wanted to see me, Admiral? Colonel, don't start.
No, sir, Tiner Oh, right.
Have a seat.
Sir, do you think that there will ever be a female Navy SEAL? No.
Think there should be? No.
You look like hell.
Bad haircut? No.
Sorry.
You look unhappy.
Colonel Presser is a good officer.
But he's gruff and hard-nosed.
Combat arms background.
Yes, sir.
It's his first Headquarters command.
He has little experience leading women.
That can be learned.
The question is, can we afford to lose an officer like Colonel Presser? No, sir.
Not now.
(sighs) Sometimes this job really Sucks.
Yes, it does.
I read your report.
So, Captain Grantham Slipped that damn tape to Military Bloopers, sir.
Charge her, Mac.
Under what, Admiral? Conduct unbecoming.
That would be a tough case to make.
Think about it, Colonel.
Someone at Headquarters follows the court-martial.
Maybe he changes his mind about who gets the next set of good orders.
Then maybe Colonel Presser gets a second look.
Thank you, Admiral.
All part of the job.
JUDGE: You may announce your findings.
Lieutenant Carl Barrett, United States Navy, on the charge and specification of violating Article 92 of the Uniform Code of Military Justice, violating an order, this court finds you guilty.
On the charge and specification of violating Article 108, willful destruction of military property, this court finds you guilty.
On the charge and specification of violating Article 90, willful disobedience of a superior commissioned officer, this court finds you guilty.
JUDGE: You may announce your sentence.
SENIOR MEMBER: This court-martial sentences you to a punitive discharge of dismissal from the naval service.
The members are thanked for their services.
This court's adjourned.
(gavel pounds) Well, Lieutenant, I I wish I could have done more.
At least it's not Leavenworth, Commander.
Good luck.
Thank you.
Could have been worse.
Yes, sir.
I had a little help from a friend.
You have friends? (chuckles) One or two, sir.
COD, Ball two-point-five.
LSO: Roger, Ball.
AIR BOSS: Line up's good.
BARRETT: Birmingham approach, this is Birmingham 4-3.
Lieutenant Barrett's turning on final, sir.
Hornet, Ball 3-point-5.
LSO: Roger, Ball.
Do you have any hung ordinance? Negative, LSO.
All ordinance expended.
XO, have the master-at-arms arrest Lieutenant Barrett.
Admiral.
Commander, there's a chance I may need counsel.
Well, you have a gift for understatement, Lieutenant.
You'll be charged with everything in the book.
Admiral, I want you to know, I buzzed the airfield first.
I gave them fair warning.
Lieutenant, as your prospective counsel, my advice to you is to remain silent.
I have nothing to fear from telling the truth, sir.
Not if you don't mind spending the next ten years at hard labor in Leavenworth.
(TV playing) TV ANNOUNCER: Back to Military Bloopers.
Is this exercise too hard for you? You want a step stool brought in?! Or maybe we should just mark you absent for the day, send you home to your mother! Captain, the principle here is not that complicated.
You lift your head and you crunch.
Captain, I don't know how you feel, but now I'm embarrassed.
You can't possibly tell me that's the best you can do, because if you can't pick them up and put them down any faster than that, there's only one finish line you're going to be crossing.
(sniffling) ANNOUNCER: Stay tuned for more (clicks off TV) RABB: Do we have a damage assessment yet, sir? Initial satellite reports indicate that the EP-3 sustained a direct hit.
Any loss of Chinese life, Admiral? None reported.
Sir, there were 24 minutes from the time the initial incident with the MiG and when it was landed in Fuzhou and boarded.
So, maybe 60% of the emergency damage bill was complete before the Chinese came aboard.
And, uh, given Lieutenant Barrett's preemptive strike how much do you think the Chinese got? Best guess, not much.
One more day, they would have had our codes.
By all rights, we should be giving Lieutenant Barrett a medal.
Yeah, only if he was ordered on that mission by Captain Hubbard, sir.
Apparently, that was Lieutenant Barrett's decision.
So, Lieutenant Hildon gets the medal for turning the EP-3 over to the Chinese and Lieutenant Barrett gets screwed.
Tiner, get Good morning, sir.
me the Colonel.
Wh-Why are you standing in my doorway? Because you wanted to see me.
Is this one of those, um, ESP moments? No, sir.
Come in.
Did you happen to catch the Military Bloopers show last night? That's why I'm here, sir.
Within five minutes of airing of that damn show a complaint came over the sexual harassment hotline from Captain Sheilah Grantham.
The marine officer in the video.
Charging her C.
O.
, Colonel Harry Presser, with creating a hostile command atmosphere by discriminating against women.
There must be something there, sir, for a female officer to make a hotline complaint.
That's why I want you to look into it.
My bag is packed.
Dismissed.
Aye, aye, sir.
Colonel about this psychic thing, um I know it comes in handy; just don't broadcast it.
You don't want to get the reputation as being one of those um, um you know R-Right.
Um never again, sir.
BARRETT: What would you have done in my place, Commander? What I would have done, Lieutenant, is irrelevant.
The list of charges against you will be long.
Article 108, willful destruction of military property valued in excess of $100 carries a maximum sentence of ten years confinement.
Article 90, willful disobedience of a superior commissioned officer: five years confinement.
Article 92, violating a general order, two years confinement of hard labor: dismissal from the service.
It adds up, Lieutenant.
But what I did was right, sir.
Lieutenant, you've created an international incident.
You acted in violation of navy policy, and you damn near started a war between the United States and China.
I'm sure most Americans will understand, sir.
Lieutenant, you will have no less than five senior navy officers serving as members at your court-martial.
While they may sympathize with your cause and spirit, I'd be surprised if a single one condone the fact that you violated orders.
GRANTHAM: So, you can imagine, ma'am, how I felt when I saw myself on TV.
Or maybe not.
I'm sure nothing like that has ever happened to you, ma'am.
It has, Captain.
My whole life was the lead story on the 6:00 news.
Did they make fun of you? During the course of a single trial, Johnnie Cochran insulted my hairstyle, Mary Hart talked about my "body of evidence," and opposing counsel told a national TV audience that I would make a better lap dancer than a lawyer.
Is that why they sent you, ma'am? Because you know about that kind of intimidation? They sent me because I'm an experienced lawyer.
My 15 minutes of fame has nothing to do with it.
Start at the beginning.
Well, ma'am, for the morning P.
T.
, Colonel Presser set the bar high.
Normally the time for the women is three minutes more than the men.
He insisted on the same time for both.
That way, a number of women fell out along the way.
And you were one of them? Yes.
I am the S-4 logistics officer, ma'am, and a darn good one.
I'm in okay shape, but that course was a killer.
So you complained.
I went to Colonel Presser first, off the record.
The colonel still insisted on a single standard for both men and women.
When I fell short, week after week, I was subject to mockery.
That had a negative impact on my ability to lead, and it was personally hurtful and demeaning.
How did it come about that the weekly run was canceled? General Kruger ordered it, ma'am.
Did you request the general do so? I brought to his attention that the slow runners were ridiculed by the fast ones and that Colonel Presser intended to keep it that way.
How long after your complaint to General Kruger did the video appear on Military Bloopers? The next week.
It was payback, ma'am.
Because you complained? Yes, ma'am.
They wanted to make a fool of me.
"They"? A-Are you accusing Colonel Presser? No.
Then who? You might want to start with the Training Chief Gunnery Sergeant Smith, ma'am.
He's the staff NCO responsible for the training schedules.
Do you have a problem with him? Well, I knew it was his practice to videotape all segments of training as an instructional aid.
BOONE: So, how are you going to defend him? I don't know yet, Admiral.
Are you familiar with the lighthouse in Hanoi Harbor? Yes, sir.
It was off-limits.
Its destruction would constitute a hazard to third country shipping.
Yeah, you're right.
One of the last missions I flew, we took heavy flak.
We lost three air crews.
That unfriendly fire was directed from an artillery unit at the base of that lighthouse.
Now, this happened every mission, only we couldn't touch it.
Those were our orders.
So, on the way home, I sent my wingman on ahead and I turned back to that lighthouse.
I fired 2,000 rounds directly into that flak sight.
Point-blank.
It made a lovely light.
Now, that was in violation of the international rules of engagement, standing op orders, and possibly the Ten Commandments, but for a time, none of our planes got hit by that site.
Now, knowing those circumstances, would you have brought me up on charges? That was during a time of war, sir.
Well, we're at war now.
So, do you respect the point of international law when your friends are getting shot down and killed? Or worse? If what happened spared one man seven years of hell in the Hanoi Hilton, then it was worth it.
It was my father who took out the lighthouse.
I don't remember saying that.
That's because you wouldn't, Admiral, knowing how far out of bounds Dad had gone.
How can you know that? You were, what, five when he was shot down.
Letter tapes he sent home to my mother.
He also said, sir, that you could never hide what you were thinking or feeling.
If we played poker, sir, I'd clean you out.
Were you always this obnoxious? Yes, sir.
You just never noticed.
So, how are you going to defend him? Well, I can't do it with old war stories.
The larger truth is on your side, Commander.
Yes, sir.
I just have to get past the facts.
SINGER: Welcome back, sir.
We were all worried about you.
Hmm.
Well, that's reassuring, Lieutenant.
When you have a moment, sir, I would love to hear your side of what happened.
I don't have a side, Lauren.
It was so exciting.
We were watching you on the news and now you're representing Lieutenant Barrett.
So what I want to know is What you should know, Lieutenant, is that I'm asking Lieutenant Roberts to be my co-counsel.
I could have helped out big-time, sir.
Yes, I'm sure you could, Lauren, in your fashion.
That's so rude.
REPORTER: I'm here on the deck of the supercarrier USS Thomas Jefferson.
(knocking) Enter.
This deck has been abuzz with activity as flight crews prepare to take off.
The Seventh Fleet is still on high alert following the incredible actions of Lieutenant Barrett.
The Lieutenant served aboard Have a seat.
Yes, sir.
You'll be going up against Commander Turner in this case.
Well, I'll look forward to that, sir.
Commander, um, tell me about Lieutenant Barrett.
I like him, Admiral.
Reminds me a lot of myself before you straightened me out.
Keeping you squared away is a lifetime project, Commander.
Yes, sir.
Got a defense lined up? Still struggling with that, Admiral.
Getting a lot of pressure from the Pentagon and the Hill.
What Lieutenant Barrett did put a major crimp in our diplomatic relations with China.
That's unfortunate, Admiral.
Of course, it has no bearing on his guilt or innocence.
Of course, but handling this quick and clean is in everyone's interest.
Now, I expect that you and Commander Turner will be sitting down and talking about a possible deal.
Before I talk with Commander Turner, sir, I'd like to spend a little more time with Lieutenant Barrett.
Get to know him, see what he's made of.
Well, I think he showed what he was made of when he blew up that EP-3.
MacKENZIE: Why did you videotape Captain Grantham? To show the captain what she was doing wrong.
Not to show the tape to fellow section personnel? Well, that happened, too.
Was there an educational purpose to those viewings? No, ma'am.
Mostly we laughed.
There are some who might consider that a mark of disrespect, Gunnery Sergeant.
Subjecting an officer to ridicule.
Yes, ma'am.
It was a serious error in judgment on my part.
Besides, that videotape was never meant to get out beyond the few of us.
I regret that.
That marine didn't deserve to be shamed, and I am prepared to face the consequences.
Precisely how did the tape get seen by every marine in the battalion and into the hands of Military Bloopers? Don't know, ma'am.
Gunny, if you have other tapes I'd advise you to keep them under lock and key.
I've recycled them all, ma'am.
Good.
That will be all, Gunnery Sergeant.
Thank you, ma'am.
Gunny I understand that you had a heart transplant last year.
You do your homework, ma'am.
Are you 100%? No, ma'am.
Don't expect to be.
You could submit for a medical discharge.
Not as long as I can still stand, ma'am.
Maybe I can't do all the things I did, but I can still train men to fight.
What about women? If they meet the requirements.
Do you set the standards so high that many of them fail? Colonel Presser sets the standard, ma'am.
I just put the program together and keep track of how my marines are doing.
Now that you've experienced weakness yourself, you might try to understand it in others.
Don't understand it at all, ma'am.
It was my heart that gave out not my spirit.
Excuse me, ma'am.
RABB: How did you get to the Academy, Lieutenant? My, uh, father was navy enlisted, sir, and so was my grandfather, so it just seemed natural that I would compete for a congressional appointment.
I was the first person in my family to go to college or become an officer.
Oh, up until the incident, your record was exemplary.
Respectfully, I'd argue that it still is.
So how do you plan to convince the members of that fact, Lieutenant? The Chinese had our secrets, sir, and our technology.
I didn't attack the Chinese.
I destroyed our own aircraft.
Were you ordered to do so? No, sir.
Did anybody else know what you were intending to do? No.
RABB: Not Lieutenant Crawford? No, sir.
That's why I made up the stuff about fluid leaking out of his fuel dump.
I sent him back to the ship so he'd have no part of this.
It wouldn't have been fair.
Why did you decide to address the problem with force, Lieutenant? No one else was going to do anything about it, sir.
You didn't know that.
The last time the Chinese took one of our aircraft, we didn't do anything about it.
I didn't want that to happen again.
The last time this happened, Lieutenant, we gave the pilot a medal for saving his crew.
Look, the opposing counsel is going to come to us tell us that we don't have a case.
They're going to offer a deal.
You should consider it.
No, sir.
No deal.
I want my trial.
All right.
All right, Lieutenant, but you should know that I will not put you on the stand.
Isn't that my decision, sir? It is, but if that's what you want, you should look for another attorney.
(sighs) All right, then, we'll do it your way, Commander.
I'd just like to know that you're on my side.
Have you interviewed Captain Grantham? I have, sir.
What is your opinion? I've not yet formed one, sir.
Bull.
Why did you set the bar so high on the mandatory exercises? To separate the men from the boys.
Not to demean or humiliate the women, sir? No.
Some of the women marines did that to themselves.
Colonel, it's rumored that you're in line for a command at Parris Island.
Are you threatening me? No, sir.
I deal in facts.
Well, here's a fact.
You're a female.
Yes, sir.
You feel we should have a lower standard for women? What I feel is beside the point, sir.
Is it, Colonel? You want to know what kind of a man I am.
And I'm interested in knowing what you're made of.
Just what kind of a marine are you? If I didn't believe that women were equal in the Marine Corps, I would not be here, sir.
I believe that we all-- men and women-- should be held to a high standard.
Then ask your questions.
Are you in line for a command at Parris Island? Yes.
Are you aware this controversy may hurt your assignment, sir? Yes.
Have you changed your mind about the wisdom of what No.
you did regarding the mandatory exercises? Even after the training video was shown on Military Bloopers? I don't watch television.
Captain Grantham humiliated, sir.
Then they're idiots.
But it is unfortunate that videotape was made public.
Who's responsible for the release of that tape, sir? Don't know.
Thank you for your time, sir.
So, now you'll decide if charges will be brought? I'll make recommendations to the convening authority, sir.
While you're "recommending," I want you to keep something in mind.
What's that, Colonel? We're at war, Colonel.
And we will be at war for quite some time.
And we need to train the way we fight and we can't carry marines who can't cut it.
The head of your training section is Gunnery Sergeant Smith.
He had a heart transplant last year but despite his diminished capacity, you've kept him in place.
Isn't that a double standard? No.
We can't afford to lose marines like him.
What kind of shape are you in, Colonel? I can hold my own, sir.
When did you do your last P.
F.
T.
? I'm due.
I can arrange for you to do it while you're here.
Excellent, sir.
TURNER: You don't have a case, Harm.
Yeah, well, according to you, Sturgis, I've never had a winnable case.
You represent unusual clients, my friend.
Everybody's entitled to the best possible defense.
Yeah, but you go that extra mile.
Lieutenant Singer told me that you shot off an automatic weapon into the courtroom ceiling.
Tell me that's not true.
Unfortunately, it is.
You know, I'm her role model.
She told me once.
Oh, well, I'm sure you are.
That's why she asked to be my co-counsel on the Barrett court-martial.
She likes to work with the best, huh? That's why she asked you, huh? My man doesn't want to deal.
Then I've got no choice but to hit Lieutenant Barrett with everything I've got.
What's wrong? This is off my old car.
How do you know that? These nicks see? There.
How can you be sure it's yours? That dent.
From my class ring.
So, someone's selling you back the same steering wheel they stole off you in the first place? How much did this cost you? A hundred and change.
Okay, you're dealing with a company that calls itself Midnight Auto Supply.
Operate out of a mail drop.
Nice.
What about this deal, Harm? No one wants to see this kid get slammed, but, uh, he's got to do some time.
How long? A year.
He'll be out in six months with good conduct.
I'll present it to him, but I don't think Lieutenant Barrett's going to go for it.
What are you going to do, shoot up the courtroom? Worked once.
Not this time.
Different world.
REPORTER: As the eyes of the world fall on a courtroom in Virginia, a proceeding unlike any we've seen before is unfolding: the court-martial of Lieutenant Carl Barrett.
Lieutenant Barrett is the naval aviator who attacked and destroyed the American EP-3 aircraft recently captured and held by Chinese authorities.
The future of Lieutenant Barrett, and perhaps the future of U.
S.
relations with China, will soon hang on a jury's decision.
First up on the stand will be Captain Ray Hubbard, the skipper of the aircraft carrier from which Lieutenant Barrett launched his attack.
TURNER: Captain Hubbard, did you order Lieutenant Barrett to fly into Chinese airspace and destroy an EP-3 sitting on a runway at Fuzhou Air Base? Objection.
Assumes facts not in evidence, Your Honor.
Your Honor, as counsel knows, I have previously introduced a videotape of the attack taken by Chinese soldiers.
Lieutenant Barrett's squadron and aircraft side numbers are clearly visible on the F-18 that destroyed the EP-3.
I'll allow the line of questioning.
Did you order Lieutenant Barrett into Chinese airspace, sir? I did not.
Did Lieutenant Barrett blow up the EP-3 on the runway at Fuzhou Air Base? He did.
Did you order him to do that, sir? No.
SINGER: When did you first realize there was a problem, Lieutenant Crawford? Lieutenant Barrett told me I had fluids streaming from my left fuel dump, indicating a fuel leak.
What did he do then? He ordered me to return to the ship.
Did you tell him your fuel gauges read normal? I did.
Did you discuss beforehand what he was going to do next? We did not, ma'am.
Did you have any idea he was going to invade the Chinese airspace and destroy the EP-3? Objection.
Leading the witness.
I'll allow it.
No, ma'am, I did not.
No further questions.
Lieutenant Crawford, do you have an opinion about what Lieutenant Barrett did? Yes, sir.
That he did good.
And what our country ought to have done.
No further questions.
SINGER: Redirect, Your Honor.
JUDGE: Proceed.
Lieutenant Crawford, why didn't you do what Lieutenant Barrett did? Did you lack the nerve? No, ma'am.
Then why? Because it was against orders, ma'am.
Thank you.
No further questions.
This will be your second stage, ma'am.
The 200-yard line, standing to kneeling two magazines, five rounds each with a time limit of 70 seconds changing magazines.
Are you ready, ma'am? I am.
With one magazine, five rounds-- lock and load.
You may commence firing when your DOG target appears.
DUNSTON: The sometimes tenuous friendship between the United States and China has faced setbacks before, but since Navy Lieutenant Carl Barrett launched his attack on an American EP-3 aircraft on Chinese soil, relations between the two countries have turned decidedly chilly.
In an unprecedented diplomatic gesture, Chinese General Shin-Wa Chen plans to testify today.
General Chen, were you at Fuzhou Air Base on the day the American EP-3 was destroyed? I was.
Did you see the attack? I did.
The American F-18 came from the north and fired two AMRAAMs at the EP-3.
Did you have aircraft in the air at the time? No.
Did you provoke the attack? No.
in fact, we gave the EP-3 landing refuge.
Thank you.
No further questions.
JUDGE: Commander Rabb? General Chen, why was our EP-3 on the runway at Fuzhou Air Base? Your pilot, Lieutenant Hildon, flew it there.
RABB: After first being rammed by one of your MiG fighters in international airspace.
That is a matter of dispute.
Now, after the EP-3 had landed at Fuzhou, General, did you hold the crew hostage? The crew was briefly detained for their own safety.
Did you return the aircraft, General? No.
We were preparing for it to be shipped back Right, after stripping it first.
Objection.
Facts not in evidence.
Sustained.
Move on, Commander.
Please, General, give my regards to Lieutenant Li upon your return.
Lieutenant Li is dead.
We buried him yesterday in a quiet ceremony.
JUDGE: State your name and rank for the record, sir.
Thomas Boone, Rear Admiral of the United States Navy.
Admiral Boone, during your one-year retirement from the service, did you teach a class in leadership at the United States Naval Academy, sir? I did.
What are your qualifications, Admiral? What positions of leadership, sir, did you occupy during your 34 years of service? I was a squadron commander, skipper at Top Gun, commanding officer aboard a fleet oiler, air wing commander aboard the USS Seahawk, in addition to my flag assignments.
The government will stipulate to the Admiral's stellar naval career.
Thank you, Commander Turner.
Admiral, are you familiar with the expression "Don't give up the ship"? I am.
It's a fundamental precept of the United States Navy.
RABB: What is the origin of that expression, Admiral? BOONE: Those were the dying words of Captain Lawrence of the USS Chesapeake in his battle with HMS Shannon.
Can you give us an example, sir, of this principle in action? Classic battle between American man-of-war Bonhomme Richard and HMS Serapis in which John Paul Jones when ordered to surrender his sinking ship, refused, boarded the enemy vessel and said, "We have not yet begun to fight.
" Not bad for a lawyer.
Not bad for a marine.
Admiral, can you give us an example of what happens when this principle of "Don't give up the ship" is violated? Yes, I can.
January 23, 1968.
The captain of the U.
S.
intelligence-gathering ship Pueblo, when threatened with attack, surrendered his ship to four North Korean gunboats without firing a shot.
Relevance, Your Honor? I'll allow that.
What was the result of giving up the Pueblo, Admiral? I believe there was a serious erosion of this country's sense of national purpose.
But, more importantly, for 30 years that ship's been tied up at a dock in North Korea.
It's an affront to every man or woman who's served in the navy.
If I had my way, we'd have gone in and sunk the damn thing.
Objection, Your Honor.
I'm sure that the admiral is a fine instructor and an inspiration to the middies but what does this have to do with the matter at hand? I'd like to get to that, Your Honor.
So would I.
Please, get to the point.
Admiral Boone, how do the actions of the EP-3 crew handing the aircraft over to the Chinese affect your definition of "Don't give up the ship"? What the EP-3 pilot did was in direct opposition to the tradition of the United States Navy.
Even though, sir, there was a risk of loss of life if the aircraft had been ditched? Yes.
That was a chance that this aircrew knew they were taking.
That's what you sign on for when you join the navy.
You do not hand your aircraft over to your enemy and that's exactly what this pilot did.
Admiral, you speak of aggression.
You talk of the Chinese as our enemy.
On what do you base these assertions, sir? BOONE: Since 1952, Chinese MiGs have attacked seven of our intelligence-gathering aircraft, flying missions off the coast of China.
have been lost.
Thank you, Admiral.
Nothing further.
Commander Turner, do you have any questions for the admiral? Yes, Your Honor.
Yes, I do.
Admiral Boone, are we bound by hostilities with China? Technically, no.
Are they required by international law to give landing refuge to a crippled aircraft? Yes.
So, Lieutenant Hildon did a prudent thing by landing at Fuzhou Air Base.
That could be argued.
Well, Admiral Boone, isn't it true that an aviator is bound by navy regulation and not by navy tradition? I would argue that he was bound by both.
Would you still feel that an aircraft should be ditched if you were responsible for the lives of 17 crew members several of them injured? That would be a tough call, Commander.
Are you aware, sir, that after the first incident involving an EP-3 landing in China, the navy awarded that pilot a medal? Oh, yeah.
Yes, I am.
Thank you, Admiral.
No further questions.
MacKENZIE: Colonel Presser.
Colonel MacKenzie.
I've finished my investigation.
I know you're under no obligation to tell me your decision.
There's no reason you shouldn't know, sir.
It's my belief that you've created a hostile command environment.
You've done this by setting standards that the Marine Corps itself does not require women to meet and you've allowed your training personnel to belittle those women who fail.
I see.
I do not believe punitive action is required under the UCMJ, sir.
I wouldn't think so.
However, Colonel, it will be my recommendation that you be administratively reprimanded.
Do you suppose I would compromise my beliefs? No, sir, that thought hadn't crossed my mind.
You are effectively terminating my career.
No, Colonel, you're doing that.
So be it, but I want you to think about something, Colonel.
The Marine Corps may not put women on the front lines, but someday, somewhere, a JAG office or motor pool will be overrun, and there will be women there, and then they will have to fight for their lives, and I only hope they are every bit as good as the men they are serving with and if they're not, then their blood will be on your hands and others who think like you.
BARRETT: How bad is it, Commander? It's not good.
Admiral Boone made a great argument.
Well, given the weight of the evidence against you, Lieutenant, it wasn't enough.
Put me on the stand, then, sir.
If I put you on the stand, Lieutenant, you'll have to answer for what you did.
You'd better be prepared for that.
Good morning, ma'am.
Gunny.
Scuttlebutt says you're heading back to D.
C.
You heard right.
Well, it's been a pleasure knowing you, Colonel.
Ma'am, it may be that I'll be needing a lawyer.
I'm not recommending charges against you, Gunny.
That's not what I'm worried about, ma'am.
But just in case some bonehead ever wants to terminate my career I'll be coming to you.
You know where to find me.
Semper fi, ma'am.
Semper fi.
DUNSTON: In these days, when the United States is waging war on terrorism, the actions of Lieutenant Barrett have drawn intense scrutiny.
Our allies, old and new alike, are watching and waiting asking themselves where do America's loyalties lie and are there limits to those loyalties when events put them to the test? The disposition of Lieutenant Carl Barrett's court-martial may well provide an answer to that very question.
RABB: Lieutenant Barrett, did you destroy an American EP-3 on the main runway at Fuzhou Air Base in the Fujian Province of China? Yes, sir.
Were you ordered to do so? No, sir.
Then why, at great personal risk, would you? Your Honor, counsel is editorializing.
Sustained.
Why did you destroy the aircraft, Lieutenant? The Chinese committed an act of aggression when they attacked our aircraft, sir, and while that aircraft was on the ground in China, well, our national security was being compromised.
So, why did you take it upon yourself to destroy the aircraft, Lieutenant? Because no one else was going to do anything about it, sir.
Facts not in evidence.
Move to strike, Your Honor.
The members will ignore the last.
Lieutenant, are you a graduate of the Naval Academy? Yes, sir.
Were you taught there never to give up your ship to the enemy? Yes, sir, I was.
Is that why you destroyed one of our aircraft, Lieutenant? Because of your training? Because it was the right thing to do? Your Honor, counsel is putting words into the witness's mouth.
I'll allow it, Commander Turner.
BARRETT: I was taught that it is in the highest tradition of the navy not to give up the ship, sir.
Thank you, Lieutenant.
Nothing further.
JUDGE: You may step down, Lieutenant.
We'll take a recess and then it's your turn to cross, Commander.
Thank you, Your Honor.
I'm looking forward to the opportunity.
Gunny.
Excuse me, Colonel.
I just wanted to thank you, ma'am.
For what? For doing the right thing.
Justice has been served, Captain, but at what cost? Well, you're making it better for all women.
No, I'm doing what I have to do because it's my job-- by the book-- but it's a damn shame that an officer like Colonel Presser will have his career cut short.
But what he did was wrong.
There were several wrongs done, Captain.
I made some calls.
You slipped that tape to Military Bloopers.
Why would I do that, ma'am? To lend weight to your accusations against the colonel.
Has it ever occurred to you that you might be happier in civilian life? TURNER: Lieutenant Barrett, why did you blow up an EP-3 on a Chinese runway? It had to be done, sir.
Regardless of the consequences? If I'm found guilty, Commander, I'm prepared to pay the price.
What about the cost to your government, Lieutenant? Well, I realize the aircraft was expensive, sir.
That's not what I'm talking about.
The cost I'm talking about is the damage to American/Chinese relations.
The cost I'm talking about is the increased danger that another such incident might occur.
The cost and the potential loss of American lives.
Well, that's the price we have to pay, then, sir.
Who are you to determine that, Lieutenant? At the Academy, I was taught what is right and what is wrong.
You were taught it was right to fly into sovereign airspace and fire rockets whenever the spirit moves you? Objection.
Counsel is badgering the witness, Your Honor.
Sustained.
Commander, let the accused answer without your heckling him.
Sorry, Your Honor.
Lieutenant, take all the time you need.
I thought long and hard and when I was sure that our hostages were safe, I returned to finish the job.
TURNER: What job was that? Making sure our secrets were safe, sir.
And are you sure that you accomplished that end? No, sir.
But it's likely that I did some good.
Maybe a lot of good.
"Likely"? Did you disobey orders, Lieutenant? Yes, sir.
Did you destroy government property? Yes, sir.
No further questions, Your Honor.
Redirect, Your Honor? Go ahead.
Lieutenant Barrett, did you give the Chinese advance warning of your intentions? Yes, I buzzed the airfield, sir.
Giving them the opportunity to retreat to safety and to prepare for your return? Yes, sir.
Why would you do that, Lieutenant? I didn't want to see anyone killed, sir.
There was enough collateral damage already.
Thank you, Lieutenant Barrett.
The defense rests, Your Honor.
( knock at door ) CHEGWIDDEN: Enter.
You wanted to see me, Admiral? Colonel, don't start.
No, sir, Tiner Oh, right.
Have a seat.
Sir, do you think that there will ever be a female Navy SEAL? No.
Think there should be? No.
You look like hell.
Bad haircut? No.
Sorry.
You look unhappy.
Colonel Presser is a good officer.
But he's gruff and hard-nosed.
Combat arms background.
Yes, sir.
It's his first Headquarters command.
He has little experience leading women.
That can be learned.
The question is, can we afford to lose an officer like Colonel Presser? No, sir.
Not now.
(sighs) Sometimes this job really Sucks.
Yes, it does.
I read your report.
So, Captain Grantham Slipped that damn tape to Military Bloopers, sir.
Charge her, Mac.
Under what, Admiral? Conduct unbecoming.
That would be a tough case to make.
Think about it, Colonel.
Someone at Headquarters follows the court-martial.
Maybe he changes his mind about who gets the next set of good orders.
Then maybe Colonel Presser gets a second look.
Thank you, Admiral.
All part of the job.
JUDGE: You may announce your findings.
Lieutenant Carl Barrett, United States Navy, on the charge and specification of violating Article 92 of the Uniform Code of Military Justice, violating an order, this court finds you guilty.
On the charge and specification of violating Article 108, willful destruction of military property, this court finds you guilty.
On the charge and specification of violating Article 90, willful disobedience of a superior commissioned officer, this court finds you guilty.
JUDGE: You may announce your sentence.
SENIOR MEMBER: This court-martial sentences you to a punitive discharge of dismissal from the naval service.
The members are thanked for their services.
This court's adjourned.
(gavel pounds) Well, Lieutenant, I I wish I could have done more.
At least it's not Leavenworth, Commander.
Good luck.
Thank you.
Could have been worse.
Yes, sir.
I had a little help from a friend.
You have friends? (chuckles) One or two, sir.