JAG s07e19 Episode Script
First Casualty
Get down! Get down! Get down, Dunston! Sierra Tango 302, this is Sierra Tango 6.
Request immediate support predesignated position.
Six out.
Copy? Roger, Sierra Tango 6.
Air support inbound.
Roger that! Glad things worked out for you, Bud.
I'm sure you are, Singer.
Evening, Lieutenant.
The Admiral would like to see you.
Thank you, Tiner.
Not you, ma'am.
Lieutenant Roberts.
Uh, now? Just as soon as he's done with the Commander and Colonel, sir.
Thank you, Tiner.
Special Ops tracked Mustafa Atef an Al Qaeda leader to a remote village in the mountains of Afghanistan.
A SEAL team was sent in to take him out, but they were ambushed.
We've seen the reports, sir.
Four Afghan civilians were killed and three SEALs wounded.
And so was Stuart Dunston.
Stuart Dunston? On a combat mission? Some knucklehead had the bright idea that a TV correspondent would give the Navy good P.
R.
This aired two hours ago.
More questions today about the SEALs' ill-fated mission in Zhawar Kili.
Not only did Al Qaeda chieftain Mustafa Atef escape ZNN has now learned that of the nine Afghans killed four were civilians.
What's the explanation for this collateral damage? None as yet.
The Navy's not talking.
This is Stuart Dunston, live Central Command confirms there were civilian casualties.
You two will investigate.
That'll be all.
Aye, sir.
Aye, sir.
Tiner, I'm ready for Roberts.
Aye, sir.
Commander, he can't be getting orders to go to Europe, can he? Who? Roberts.
He sleeps through a trial and gets the Med.
Would that be fair? If you're pumping me for information, Lieutenant I don't know anything.
Can you imagine Roberts in Naples? I bet he puts ketchup on his pasta.
Bud's going to Italy? Unconfirmed rumor.
I bust my butt and he baby-sits his kid.
Sir.
Ma'am.
Bud.
Lieutenant.
Nothing wrong with being a family man, Lieutenant.
Or playing your family for all they're worth, sir.
Bud doesn't play his family, Lieutenant.
Maybe I should get a dog.
Pit bull.
Pit bull.
Well, Mr.
Roberts at ease.
Your orders came through, Lieutenant.
Yes, sir? USS Seahawk.
Thank you, Admiral.
Wow, I guess you really can go home again.
Only this time as Carrier Judge Advocate for 5,000 crewmen.
It's a dream assignment, sir.
Sea duty in time of war, Lieutenant it'll be great for your record.
You'll do a fine job.
Now, go kiss your wife, hug your son, pack your sea bags.
Aye, aye, sir.
And, Admiral, thank you for your confidence in me.
I last time I was deployed I didn't have a family.
Lieutenant, you will lie awake every night thinking about them.
But they'll be okay, and so will you.
I've had a chance to visit with my men.
None of their wounds are life-threatening, thank God.
You authorized the mission, Commander Curry? I gave the good-to-go based on the Intel I had.
Mustafa Atef was purported to be in Zhawar Kili with just small group of bodyguards.
What happened? The bodyguards turned out to be a heavily-armed Taliban squad just waiting for our Assault Force.
If we hadn't gotten a gunship in there it would have been a slaughter.
Coffee? Sure.
Why was Dunston with your men anyway? It wasn't my idea or my boss's.
The order came from Joint Special Ops Command.
Any idea who? I asked.
A one-star told me it came "straight from the top.
" That's when I stopped asking.
If Dunston hadn't been there would things have gone down differently? At least one thing, Commander.
The story wouldn't be the lead on the nightly news.
So, Dunston didn't get in the way? You'll have to ask Lieutenant Laslavic.
Sounds to me like you were ambushed.
Yes, sir.
We rely on the element of surprise but they were waiting for us.
So, how did Lieutenant Laslavic respond, Petty Officer Hamilton? By the book, ma'am.
No radio transmissions? Not until we took fire, Colonel.
Did you maintain radio silence? Yeah.
From the moment we left Kandahar until we were ambushed, sir.
What about Stuart Dunston? Was he a distraction? He's got a lot of mouth.
What about Dunston? Did he cause any problems? At first, ma'am, I thought he was a real jerk-- bragging about all the action he'd seen.
There were a few times I had to remind him who was in charge.
Well, that sounds like Dunston.
Yeah, but, uh, I'm not going to try and pin anything on him.
Dunston saved my life.
What? He crawled out from behind cover and got me after I went down.
That's how he got shot.
We watched tapes of his broadcasts.
He never reported that.
I guess he's modest, ma'am.
Why didn't you mention saving Petty Officer Hamilton's life? Rabb, you know me.
I try and report the news, not make it.
Well, I seem to remember you during Dessert Storm dodging missiles on live TV, Stuart and loving every minute of it.
Well, I've matured a lot since then, as you have.
Besides, the real heroes are the SEALs.
Too bad they had such lousy leadership.
Meaning? Too few men inserted into an area with too many Taliban.
Plus we know Mustafa Atef escaped so the mission fails the SEALs suffer three casualties and kill four innocent civilians.
Take a seat.
Intel is never perfect in combat.
Yes, I know, Colonel; the "fog of war.
" But tell me this: Why didn't Commander Curry send a reconnaissance drone over the area before sending his men in? The Predator they were scheduled to use had been reported shot down the day before.
Well, that should have told them something.
Hey, Ginny.
This is Ginny Baker, my associate producer.
This is Colonel Mackenzie and Commander Rabb.
Hello.
Nice to meet you.
Coffee? Please.
Sure.
Oh, let me do that, Stuart.
Thank you.
Ginny learned to make Turkish coffee and mombar mahshy while studying in Egypt.
I also learned five languages, Stuart.
Sorry.
Cairo University's renowned for its language programs.
And its exotic locale.
One of the benefits of having a father in the Foreign Service.
I grew up in London, but we traveled everywhere.
Truth is I couldn't even do my job without Ginny.
All I do is translate cables, charter planes and rent an occasional camel.
Stuart is the one who risks his life.
Mac, we don't let the media decide when one of our Officers-in-Charge is guilty of dereliction.
But we listen to all the evidence regardless of where it comes from.
Dunston shouldn't even have been on the mission in the first place.
Why not? Military actions are the public's business.
Here we go again.
The media are just as important as the military in defending liberty.
But there's a big difference.
We have to account for our actions all the way up the chain of command.
Who polices the media? In our system, no one except maybe the public.
The media are the public's eyes and ear And its mouth.
Didn't we have this debate about a thousand years ago? Yeah.
Third year at the Academy.
I wrote a paper on how media influenced the Vietnam War.
A positive influence, according to him.
No, not entirely.
We can't expect the media to be our cheerleaders and we shouldn't blame the media when we screw up.
They shouldn't blame us when we don't.
Commander.
Colonel.
Commander, we haven't reached a conclusion yet.
We're still in discovery.
Well, then you need to see this.
We had an Intel collection squad sweep the area.
The register on your video phone shows a satellite transmission force was attacked.
I called in.
The assignment desk needed to know if they were getting a standup or not.
You were under orders not to call anybody unless cleared by Lieutenant Laslavic.
With the Lieutenant, I was under orders not to breathe.
Well, now Stuart, we know why you didn't take credit for saving Petty Officer Hamilton.
Really? You knew you screwed up.
You didn't want to draw attention to your own conduct on the mission.
Come on, Rabb, what did I do? Phone home? Your call could have been picked up the by Taliban.
Not unless they hijacked an AWACS.
These guys were riding horses and sending smoke signals.
We're going to need all your network's records of your activities in Afghanistan.
You two ever hear of the First Amendment? You can't impede an investigation by yelling "free press!" Fine.
And you can't blame me for the military's mistakes.
The news media are the best friends we have.
There are a lot of senior officers that would disagree with that, Mr.
Secretary.
Sure, A.
J.
, because they're stuck in the Vietnam mode.
Today, if you want appropriations for the Joint Strike Fighter take a network correspondent for a ride in an F-18.
Congress threatening to cut back the Marines' budget? Let a reporter drive a tank.
This isn't about appropriations, sir.
No, it's about biting the hand that feeds us.
Problem is, the media bite back.
Do you know who has called me already today? No, sir.
The Secretary of Defense, the Secretary of State and the President's chief political advisor and do you know why? Because two JAG officers who should know better have been harassing a well-known war correspondent.
This isn't harassment, Mr.
Secretary.
Dunston might have been responsible for three SEALs being seriously injured and four innocent civilians being killed.
Let's say he was.
Let's say that his call was somehow picked up by the Taliban while they were roasting goats' brains over an open fire.
How would you prove it? Where would you prove it? Sir, we're all aware that there is a jurisdiction problem here.
A problem, A.
J.
? Nothing happened on our soil.
He committed no crime.
He's not even a member of the military.
That may be true, sir He's not a foreign terrorist we can ship out to Guantanamo, is he? No, sir.
Or try in secret on some ship? No, sir, he's a civilian entitled to due process.
Then he is beyond our reach.
That's not entirely true, Mr.
Secretary.
Title 10, Article 802: Anyone who accompanies an armed force into the field during wartime is subject to military justice.
You want to court-martial Stuart Dunston? Possibly, sir.
On grounds of disobeying a direct order in combat.
A.
J.
, you approve of this? I take recommendations from my senior staff very seriously, sir.
Do you know the mud storm that is going to hit us? Respectfully, sir, our job is to follow the evidence wherever it may lead.
Great.
That's just great.
Are you going after anyone else I should know about? Dan Rather? Tom Brokaw? No, sir.
But someone who should be taken to task is the person who authorized this mission in the first place.
Really? That would be me.
What the hell is this? A subpoena.
From a military court? News flash: I'm not in the Navy.
When you're with a SEAL team you're required to follow orders.
The military's just plain paranoid about the media.
With good reason.
Wrong, Rabb.
We're getting briefings in hotel lobbies.
You don't let us near the scene when there are friendly fire casualties and then you wonder why we don't buy everything you try to sell us.
I don't wonder, Stuart.
I don't care.
Trust us a little.
Reporters are as patriotic as soldiers.
The problem isn't disloyalty.
It's that reporters don't know what might compromise a mission.
Come on.
We're not going to reveal troop movements.
Really? Seems a certain magazine reporter was given inside information on the invasion of Panama in December '89.
After a few drinks at the office Christmas party, he let the information slip.
Mistakes will happen.
Mistakes like those cost people's lives.
You're required to turn over phone logs, videotapes and all other documents related to the mission.
You can start with the tape of your SAT call.
Excuse me, Stuart, I finished translating the Al-Jazeera broadcast.
Ginny, get me somebody from Legal down here.
Right away.
Your lawyers can move to quash the subpoena but they'll lose.
I don't get you two.
You've been around.
You ought to know how this town works.
Rule number one: never attack the guy with the microphone.
He always gets the last word.
We were inserted at 2200 Zulu, about eight clicks north of Zhawar Kili.
The ZNN bureau logged Dunston's call about two hours later.
I remember him creeping behind some boulders.
He said he had to use the facilities.
Even borrowed my e-tool.
Let's take a look.
Hey, Ginny.
How about getting someone to order us up some pizzas? We'll get it when we get your standup.
Don't hold your breath.
Taliban are more scarce around here than strippers in Kandahar.
Mac, pause this.
That's not a timecode: six seconds north.
seven seconds east.
Geographic coordinates.
Anybody picking this up would know the exact location of the SEALs.
That son of a There's no proof that Dunston's transmission was intercepted.
Let's take a look at the rest.
Have they told you where you're headed? Nope.
Top secret.
When will we hear from you again? Don't know.
If Lieutenant catches me, he'll raise hell.
I'd better wrap it up.
That's an admission he knew about the order and willfully violated it.
Still, no nexus between the call and the ambush.
What's all this lawyer talk about, Commander? It means it's not going to be easy finding someone to file charges.
And even harder to prove them.
Wow, French.
Yeah, well, we're getting sea pay and hazardous duty pay and I'll be on fast track to make Lieutenant Commander.
Looks beautiful.
Here you are, sweetie.
Thank you.
Honey, sea duty is just the beginning.
My next orders could be to battle group JAG.
Cheers.
Cheers.
I thought that this is what you wanted.
I did.
I do.
Now it's just seeming very real suddenly.
Honey, I'm going to miss you, too.
It's a two-year assignment six-month deployment on the Seahawk.
How many candlelight dinners like this are we going to have? The ones we do have will be all the sweeter.
Some husbands in foreign ports they get lonely Oh, no, no.
Never.
Never.
What about dinner? It can wait.
Admiral, I was hoping to see you.
What is it, Lieutenant? Now that Roberts is transferring out, I was wondering Commander Rabb will be dividing up Roberts' files.
Yes, sir.
I just thought, sir, the Crawford court-martial-- Roberts hasn't had much time to work it up.
Perhaps I should dig into it.
Crawford.
I thought we were farming out Crawford to NLSO in Naples.
Isn't it a simple UA? Not so simple, sir.
Crawford went UA, got drunk, busted up una bettola stole a Vespa, rode it into the Mediterranean caused quite a fuss over there.
Una bettola? Angling for a trip to Naples, Lieutenant? I have been studying Italian, sir.
Excuse me, sir.
The Commander and the Colonel are waiting for you.
Lieutenant.
Thank you, Tiner.
Anytime, sir.
I read your report.
Any precedent for the military going after a journalist? Well, sir, Abraham Lincoln wanted to prosecute a New York Times editor for publishing troop movements during the first battle of Bull Run.
And for encouraging Union soldiers to desert but Lincoln decided against it.
There was also an incident in the War of 1812.
War of 1812.
Yes, sir.
After the battle for New Orleans General Andrew Jackson ordered a newspaper editor court-martialed, sir for publishing a story that hadn't been approved.
The war ended, and the prosecution was dropped.
Recommendations? Under Section 802 I know, Dunston was with an armed force during time of war and in theory is subject to military justice.
Yes, sir.
But he had no commanding officer.
Who has the authority to convene such a court-martial? Well, under section 22-A of the UCMJ, sir there is one person.
Oh.
Yes, Mr.
President.
That's right.
Lincoln never did and the newspapers kept printing orders of battle and troop movements.
Well, sir, if we do decide to prosecute the news media will raise hell and you will take some heat.
No, sir, I would not recommend that you get out of the kitchen.
Hey, wait a minute, wait a minute! You can't go in there.
Yes, we can.
He's going on the air.
We have something he might want to report.
Mike check.
Now is the time for all good men to come to the aid of their country.
I don't know how they got past security, Stuart.
It's okay, Ginny.
Stuart, we're on in 30.
What is it, Rabb? You've got 25 seconds.
Stuart Dunston by order of the President of the United States a court-martial is hereby convened to hear criminal charges against you.
Court-martial? You've got to be kidding.
Oh, this is no joke, Stuart.
You're in the Navy now.
"Navy Scapegoats the Media.
" "Investigation or Witch-hunt" and, my personal favorite, "Navy's Image Sinks.
" I've seen them, Mr.
Secretary but the President knew we'd take some hits when he convened the court-martial.
And I'll live with that decision but I don't want to win the battle in the courtroom and lose the war on the editorial pages.
Take a look at this.
Stuart, are you guilty of a crime? I'm guilty of trying to do my job-- the only job specifically protected by the U.
S.
Constitution.
The military claims that you violated an order and as a result, four Afghan civilians were killed and three Navy Seals wounded.
Bad intelligence and flawed planning were to blame, not me.
There's an old saying, Wendy.
The first casualty of war is the truth.
You're saying the military is managing the news? They did it in Panama and Somalia and Desert Storm and they're doing it here.
We've given Dunston a bigger soapbox.
So Mackenzie and Rabb will just knock him off it.
Does the defense have any preliminary motions? Yes, Your Honor, Mr.
Dunston's civilian counsel has asked me to argue the motion to dismiss on the grounds that this court-martial lacks personal jurisdiction over Mr.
Dunston.
I'm intrigued, Commander, to hear why.
Mr.
Stuart Dunston, a civilian, is charged with two counts-- violating an order and aiding the enemy-- both under the Uniform Code of Military Justice.
Wasn't Mr.
Dunston accompanying a military unit engaged in combat in time of war? In combat, yes-- in time of war, no.
We may talk about a war on terror, Your Honor but that has no legal meaning without a declaration Congress.
Your Honor, there was no declaration of war in Vietnam, Korea or in the Gulf War, for that matter but I have no doubt, sir that the men and women who served in those conflicts knew they were at war.
Do you have authority to support that proposition? Your Honor, in United States v.
Castillo the Court of Military Review found that Desert Storm was a De facto war.
But the Court of Military Appeals ruled just the opposite in U.
S.
v.
Averette.
It held that a civilian employed by the Army in Vietnam couldn't be tried for theft because Congress never declared war.
So the cases are all over the waterfront.
Your Honor, in these times we can expect more undeclared wars on bands of terrorists than declared wars on sovereign nations but for the safety of our men and women in combat, sir it is imperative that civilians in the field be bound by military discipline.
I agree.
The accused's motion for dismissal is denied.
Thank you, Your Honor.
Thank you, Your Honor.
But a word of warning.
If all you prove is a technical violation of an order this case will never get to the members.
Sir.
Unless you show that Mr.
Dunston's conduct was the proximate cause of the ambush I'll dismiss all charges and specifications.
We're fighting to protect ourselves from violence and fear We're not equipped for this kind of trial.
Our court is the only place for this kind of trial.
Military justice works just fine for the military.
You're being used, partner.
Being used is when you don't believe what you're saying when you're just a mouthpiece.
You're really buying into this.
This isn't just lawyering.
We're fighting against men without conscience.
Harm, when I took an oath to defend the Constitution that included the First Amendment.
The First Amendment doesn't give the press the right to endanger lives.
Thomas Jefferson once said if he had to choose between a government without the press or the press without a government he'd choose the press.
Jefferson didn't know Stuart Dunston.
You really think that Dunston's innocent? No, I think he's guilty of arrogance and conceit but that doesn't mean we should court-martial him.
For all the reasons we're fighting to win, and win we will.
The President seems to think you're wrong.
So, he won't make me an admiral.
The President's going to answer questions from the press after his speech.
Someone will ask him about the Dunston case, won't they? It's all the media seems to be able to talk about.
And whatever he says will be widely publicized.
I see where you're going with this.
It won't work.
Depends on what the President says.
Commander, what's the hardest part of being a submariner? Holding your breath.
Oh, what's that? It's goose pate with deviled quail eggs.
Would you like one? Oh, no, thanks.
Admiral, I was hoping your new friend would be here.
Uh who? That lovely woman that knows all about Shakespeare.
Oh, she couldn't make it this evening.
Excuse me, Lieutenant.
What sort of cases are you expecting, Bud? Hot-button issues, ma'am.
Approving tactical strikes on enemy targets working with allied legal officers on international treaties Really? Oh, yes, sir, perhaps even trying foreign terrorists in military tribunals.
It sounds exciting, Lieutenant.
Well, sir, compared to the mundane day-to- day work of JAG Not that what we do here isn't important.
Glad to hear you say that.
It's just that, you know, international law is A hotter button.
The President said he supports punishing anyone who endangers American lives including reporters.
Now, that statement clearly refers to this trial and prejudices my client's rights.
Are you aware of the severity of such a charge, Commander? Yes, sir, but when the convening authority makes televised statements calculated to influence the court-martial I will be derelict in my duty if I do not respond.
The convening authority is the Commander-in-Chief.
Which makes the statements even more egregious, Admiral.
And your motion even more precarious.
I recall when Charles Manson was on trial.
President Nixon said he thought Manson was guilty.
And the motion for mistrial was denied.
But civilian jurors weren't dependent on President Nixon for promotion.
Your Honor, the President merely said the guilty should be punished.
Where is the prejudice in that? Let's find out.
Spot 2.
Spot 2.
Welcome aboard.
Lieutenant, XO's waiting for you in Deck Ops.
Used to have two judge advocates so one was assigned to Kandahar, the other to the Stennis.
Work's been piling up.
Well, that's okay with me, sir.
It's all part of combat duty.
Before we insert you behind enemy lines, Lieutenant why don't you finish checking in.
Captain Johnson would like you to join him for evening chow at 1900.
Aye, aye, sir.
Uh I'm sorry, I thought that this was The Legal Office? Don't you remember me, Lieutenant? Christmas, your house Petty Officer Coates.
I thought that you were In the brig, sir? Well I did my time.
Changed my attitude.
I've been reassigned.
Me, too.
Reassigned.
I know, sir.
I'm your Legalman.
Are you aware of certain statements made by the President about this case? I am, sir.
Can you follow my instructions in reaching a verdict? I can, Admiral.
And disregard any statements made by anyone else including the President? That would not be a problem, sir.
Can you render a fair and impartial verdict based solely on the evidence? It's my duty, Admiral.
Very well.
Your Honor, the members may think they can remain objective but there's no way they can put the President's words out of their minds.
You can't unring a bell.
Your Honor, the members are military officers, and there is no reason to believe that they will do anything other than follow the court's instruction.
I agree.
The court is satisfied that no prejudice occurred.
Motion to dismiss is denied.
Call your first witness.
I firmly believe it's in the national interest for the public to be informed of military actions.
So you approved the accused's request to accompany a SEAL assault force on a combat mission? I did.
On what condition? That Mr.
Dunston agree to waive all liability in the event of his injury or death and to follow orders at all times.
Can you identify what's been marked as Government Exhibit One? That's the written agreement, signed by Mr.
Dunston.
Thank you.
Your witness.
Sir, why did my client approach your office for approval? Because he'd been turned down by Lieutenant Laslavic and by Commander Curry, the Mission Commander.
Turned down also by Joint Special Ops Command? Yes.
Why? They thought the mission was too dangerous for a civilian.
Apparently, they were right.
Regretfully, they were, Commander.
Do you think Mr.
Dunston is responsible for three SEALs being wounded and four Afghan civilians killed? Objection.
Calls for a conclusion.
Overruled.
I wasn't in Afghanistan.
I don't know what Mr.
Dunston did.
But I know what I did.
I failed to listen to the Commanders in the field.
I'm the one who's responsible.
"We try to avoid being seen, heard, even smelled.
I mean, we don't even heat our MREs because the smell of warm food could compromise your position.
As Assault Team Commander, what orders did you give? To be silent and invisible as much as humanly possible.
With regards to Stuart Dunston? Well, I ordered him specifically not to use the satellite phone.
Were you aware, Lieutenant that 51 minutes prior to the ambush of your team, Stuart Dunston made a phone call? Not at the time, sir.
Thank you, Lieutenant.
Your witness.
Do you have evidence that the video call Stuart Dunston made was intercepted by enemy forces? No, sir.
Do you have any evidence that the enemy even had the equipment to intercept such a call? No, sir.
Once you were attacked what did Mr.
Dunston do? Well, he took cover.
And when Petty Officer Hamilton was shot? Mr.
Dunston got to him, and he pulled him to safety.
While you were taking fire? Yes, sir.
So that the members understand Mr.
Dunston, a civilian, crawled out from his position of cover, and risked his life to drag one of your men to safety? Yes, sir.
"Oversleeping.
" "Soiled uniform.
" "Attempted cursing?" How is that even possible? He got half the word out, sir.
This is our caseload? There are more serious ones, Lieutenant.
"The case of the purloined crustacean"? I sometimes give the cases names to help me remember them.
"Two seamen are accused of raiding a chill box and stealing the officers' lobsters.
" What? A joke? More like dinner, sir.
They steamed the lobsters on the boilers.
What's the evidence? A couple of claws? Here, let me show you.
Legal.
Lieutenant Roberts.
Yeah, put her through.
How's it going out there, Lieutenant? Hi.
Oh, just up to my elbows in cases, ma'am.
Well, you're going to be out of touch soon so I thought you'd like to hear from someone.
Say "Hi" to Daddy.
Hi.
Hey, A.
J.
It's my son.
Hi, sweetie.
Who are you talking to? Uh, my Legalman.
Well, I hope he's good at his work.
Uh, yes, very well-organized.
That's correct.
The lieutenant told me not to use the SAT phone.
But you ignored the order? No disrespect to Lieutenant Laslavic but I know a little more about electronics than he does.
Meaning what? The satellite phone has a narrow beam width with no side lobes.
Now, maybe one of our EC-135 Rivet Joints could intercept the call but not some ragtag Taliban using walkie-talkies with flashlight batteries.
Your Honor, we move into evidence documents certified by the Measurements and Signatures Intelligence detachment.
They show no electronic surveillance activity by any unknown forces on the night of the incident.
So admitted.
Your witness.
You ever serve in the military, Mr.
Dunston? Apparently I have for one night.
You understand that in the military all lawful orders must be obeyed? So I'm told.
Do you admit to signing an agreement to obey all such orders as a condition of accompanying the SEAL Assault Force? I had three choices, Commander.
I could stay in the hotel in Islamabad and watch Al-Jazeera on TV.
I could attend the Army's daily briefings-- what we call "The 5:00 Follies"-- or I could do whatever was necessary to join an assault force in the field.
So, you signed the agreement never intending to abide by it? I signed it not intending to give up the right to think for myself.
Oh well, apparently, you reserve the right to decide which orders you will obey and which you choose to ignore.
My bosses can tell you I usually disobey theirs.
Well, your boss, this evening Mr.
Dunston, was Lieutenant Laslavic whose job it was to complete a dangerous mission and to protect his team which also included you.
I didn't do anything to jeopardize the Lieutenant his men, or myself.
You were really good in there, Stuart.
Thanks.
But I'm more comfortable asking the questions.
Hey, Rabb, no matter the outcome uh, no hard feelings, okay? Spoken like a man who expects to win, Stuart.
You're more charitable than I am, Stuart.
Hello.
Sorry.
Kashmir Bureau Chief.
They have an interview we may want.
Good.
We'll wrap this thing up tomorrow and I can go back to work a free man.
She speaks fluent Farsi.
She's an interpreter, Mac.
With perfect intonation? She studied at the University of Cairo.
Foreigners who learn Farsi speak with a noticeable accent.
Where are you going with this? Ginny Baker is a native speaker.
The Kashmir Bureau Chief would speak Urdu, not Farsi and they weren't talking about the interview.
They were talking about Stuart Dunston.
Miss Baker, did you receive a satellite call at the network from Stuart Dunston when he was in the field with the SEAL team? Yes.
And that was at 7:37 p.
m.
, Washington time? About then.
According to your cell phone records you made a call three minutes after hanging up.
If you say so.
The records say so.
Why didn't you use the network's phones? Objection.
Mr.
Dunston admits he made the call to the network.
Whatever Miss Baker did thereafter is irrelevant.
I'll tie it up, Your Honor.
Hopefully in short order.
Miss Baker, why did you use your cell phone? It was a personal call.
To Islamabad, Pakistan? Yes.
To a cell phone registered to an Aziz Nasiri.
He's my cousin on my mother's side.
Must have been an important call.
Well, in Islamabad, it was about 5:40 a.
m.
Sometimes I forget about the time difference.
What does Mr.
Nasiri do for a living? Your Honor? He works for an international charity.
Does it have a name? I can't remember.
Holy Land Liberation Crusade.
That sounds right.
Which was just listed by the Attorney General as a fund-raising front for Al Qaeda.
I know nothing about that.
Where were you born, Miss Baker? I don't think that's relevant.
That's for me to decide.
Answer the question.
London.
And where were you raised? Different places.
My father was a diplomat.
She told me she was raised in England.
Actually, your parents divorced shortly after you were born and you returned with your mother to Iran where you were raised by her family.
Is that a crime? And while Baker is your father's name the name you used just before coming to the States last year was your mother's: Zahedi.
Correct? I thought if I used my Iranian name I'd be discriminated against, and apparently, I was right.
Is that why you traveled under a forged English passport? I don't know what you're talking about.
Who forged it? VEVAK-- the Iranian Intelligence Agency? That's ridiculous.
Where's your mother today? Why don't you ask your CIA? The Zahedis were prominent Shiite clerics.
Were they persecuted by the Shah of Iran? They were killed-- my entire family wiped out by a despot backed by American money and American military.
MacKENZIE: And you would do anything to avenge their deaths.
The call you made that night was to disclose the SEALs' position to Aziz Nasiri so he could relay it to Taliban forces.
Isn't that true? She refuses to answer, Your Honor.
The Master-at-Arms will take the witness into custody.
JUDGE MORRIS: Have you consulted with your attorney? I have, Your Honor.
And you understand by changing your plea to guilty you waive all defenses? I do.
Now how do you plead? I thought I was innocent, Your Honor.
But I am, at the very least, morally responsible.
I plead guilty.
The court finds that your plea is knowing and voluntary and hereby finds you of all charges and specifications, guilty.
Does the defense counsel have anything in mitigation of sentence? Sir, I would ask that the court take into account Mr.
Dunston's acceptance of responsibility and expression of regret.
Trial counsel anything in aggravation of sentence? Your Honor, the principle that's been established here is more important than any sentence the court might impose.
I agree.
Mr.
Dunston, the court trusts that you and the rest of the news media have learned an important lesson.
I sentence you to 12 months confinement at hard labor.
However I'm recommending that the convening authority suspend sentence.
This court's adjourned.
Stuart Thank you.
One or two "E"s in judgment, sir? Uh, either way, but one is preferred.
Good.
Less typing.
Oh, look.
You've got an email greeting card.
Oh, let me see.
Oh, so cute.
I miss them so much.
I'll email your wife and tell her how much you like the card.
Uh, no, let me do that.
Why don't you go work on updating the Captain's Masts? Yes, sir.
Earlier today, I threw myself on the mercy of a military court.
Now, I do the same with the court of public opinion.
I do so because I am guilty not just of disobeying an order in a time of war.
I'm guilty of pride of smugness of all-importance.
To the American people and to the Afghan people I express my sincere regret for my conduct.
It was inexcusable.
I'm going to take some time off after I visit each of the wounded SEALs and personally apologize for my actions.
Then I'll be back on the air, but with a different attitude.
This is Stuart Dunston.
I was wrong about the system, Harm.
It did work.
Oh, we were all a little bit wrong.
Don't look at me.
I wasn't wrong about anything.
Request immediate support predesignated position.
Six out.
Copy? Roger, Sierra Tango 6.
Air support inbound.
Roger that! Glad things worked out for you, Bud.
I'm sure you are, Singer.
Evening, Lieutenant.
The Admiral would like to see you.
Thank you, Tiner.
Not you, ma'am.
Lieutenant Roberts.
Uh, now? Just as soon as he's done with the Commander and Colonel, sir.
Thank you, Tiner.
Special Ops tracked Mustafa Atef an Al Qaeda leader to a remote village in the mountains of Afghanistan.
A SEAL team was sent in to take him out, but they were ambushed.
We've seen the reports, sir.
Four Afghan civilians were killed and three SEALs wounded.
And so was Stuart Dunston.
Stuart Dunston? On a combat mission? Some knucklehead had the bright idea that a TV correspondent would give the Navy good P.
R.
This aired two hours ago.
More questions today about the SEALs' ill-fated mission in Zhawar Kili.
Not only did Al Qaeda chieftain Mustafa Atef escape ZNN has now learned that of the nine Afghans killed four were civilians.
What's the explanation for this collateral damage? None as yet.
The Navy's not talking.
This is Stuart Dunston, live Central Command confirms there were civilian casualties.
You two will investigate.
That'll be all.
Aye, sir.
Aye, sir.
Tiner, I'm ready for Roberts.
Aye, sir.
Commander, he can't be getting orders to go to Europe, can he? Who? Roberts.
He sleeps through a trial and gets the Med.
Would that be fair? If you're pumping me for information, Lieutenant I don't know anything.
Can you imagine Roberts in Naples? I bet he puts ketchup on his pasta.
Bud's going to Italy? Unconfirmed rumor.
I bust my butt and he baby-sits his kid.
Sir.
Ma'am.
Bud.
Lieutenant.
Nothing wrong with being a family man, Lieutenant.
Or playing your family for all they're worth, sir.
Bud doesn't play his family, Lieutenant.
Maybe I should get a dog.
Pit bull.
Pit bull.
Well, Mr.
Roberts at ease.
Your orders came through, Lieutenant.
Yes, sir? USS Seahawk.
Thank you, Admiral.
Wow, I guess you really can go home again.
Only this time as Carrier Judge Advocate for 5,000 crewmen.
It's a dream assignment, sir.
Sea duty in time of war, Lieutenant it'll be great for your record.
You'll do a fine job.
Now, go kiss your wife, hug your son, pack your sea bags.
Aye, aye, sir.
And, Admiral, thank you for your confidence in me.
I last time I was deployed I didn't have a family.
Lieutenant, you will lie awake every night thinking about them.
But they'll be okay, and so will you.
I've had a chance to visit with my men.
None of their wounds are life-threatening, thank God.
You authorized the mission, Commander Curry? I gave the good-to-go based on the Intel I had.
Mustafa Atef was purported to be in Zhawar Kili with just small group of bodyguards.
What happened? The bodyguards turned out to be a heavily-armed Taliban squad just waiting for our Assault Force.
If we hadn't gotten a gunship in there it would have been a slaughter.
Coffee? Sure.
Why was Dunston with your men anyway? It wasn't my idea or my boss's.
The order came from Joint Special Ops Command.
Any idea who? I asked.
A one-star told me it came "straight from the top.
" That's when I stopped asking.
If Dunston hadn't been there would things have gone down differently? At least one thing, Commander.
The story wouldn't be the lead on the nightly news.
So, Dunston didn't get in the way? You'll have to ask Lieutenant Laslavic.
Sounds to me like you were ambushed.
Yes, sir.
We rely on the element of surprise but they were waiting for us.
So, how did Lieutenant Laslavic respond, Petty Officer Hamilton? By the book, ma'am.
No radio transmissions? Not until we took fire, Colonel.
Did you maintain radio silence? Yeah.
From the moment we left Kandahar until we were ambushed, sir.
What about Stuart Dunston? Was he a distraction? He's got a lot of mouth.
What about Dunston? Did he cause any problems? At first, ma'am, I thought he was a real jerk-- bragging about all the action he'd seen.
There were a few times I had to remind him who was in charge.
Well, that sounds like Dunston.
Yeah, but, uh, I'm not going to try and pin anything on him.
Dunston saved my life.
What? He crawled out from behind cover and got me after I went down.
That's how he got shot.
We watched tapes of his broadcasts.
He never reported that.
I guess he's modest, ma'am.
Why didn't you mention saving Petty Officer Hamilton's life? Rabb, you know me.
I try and report the news, not make it.
Well, I seem to remember you during Dessert Storm dodging missiles on live TV, Stuart and loving every minute of it.
Well, I've matured a lot since then, as you have.
Besides, the real heroes are the SEALs.
Too bad they had such lousy leadership.
Meaning? Too few men inserted into an area with too many Taliban.
Plus we know Mustafa Atef escaped so the mission fails the SEALs suffer three casualties and kill four innocent civilians.
Take a seat.
Intel is never perfect in combat.
Yes, I know, Colonel; the "fog of war.
" But tell me this: Why didn't Commander Curry send a reconnaissance drone over the area before sending his men in? The Predator they were scheduled to use had been reported shot down the day before.
Well, that should have told them something.
Hey, Ginny.
This is Ginny Baker, my associate producer.
This is Colonel Mackenzie and Commander Rabb.
Hello.
Nice to meet you.
Coffee? Please.
Sure.
Oh, let me do that, Stuart.
Thank you.
Ginny learned to make Turkish coffee and mombar mahshy while studying in Egypt.
I also learned five languages, Stuart.
Sorry.
Cairo University's renowned for its language programs.
And its exotic locale.
One of the benefits of having a father in the Foreign Service.
I grew up in London, but we traveled everywhere.
Truth is I couldn't even do my job without Ginny.
All I do is translate cables, charter planes and rent an occasional camel.
Stuart is the one who risks his life.
Mac, we don't let the media decide when one of our Officers-in-Charge is guilty of dereliction.
But we listen to all the evidence regardless of where it comes from.
Dunston shouldn't even have been on the mission in the first place.
Why not? Military actions are the public's business.
Here we go again.
The media are just as important as the military in defending liberty.
But there's a big difference.
We have to account for our actions all the way up the chain of command.
Who polices the media? In our system, no one except maybe the public.
The media are the public's eyes and ear And its mouth.
Didn't we have this debate about a thousand years ago? Yeah.
Third year at the Academy.
I wrote a paper on how media influenced the Vietnam War.
A positive influence, according to him.
No, not entirely.
We can't expect the media to be our cheerleaders and we shouldn't blame the media when we screw up.
They shouldn't blame us when we don't.
Commander.
Colonel.
Commander, we haven't reached a conclusion yet.
We're still in discovery.
Well, then you need to see this.
We had an Intel collection squad sweep the area.
The register on your video phone shows a satellite transmission force was attacked.
I called in.
The assignment desk needed to know if they were getting a standup or not.
You were under orders not to call anybody unless cleared by Lieutenant Laslavic.
With the Lieutenant, I was under orders not to breathe.
Well, now Stuart, we know why you didn't take credit for saving Petty Officer Hamilton.
Really? You knew you screwed up.
You didn't want to draw attention to your own conduct on the mission.
Come on, Rabb, what did I do? Phone home? Your call could have been picked up the by Taliban.
Not unless they hijacked an AWACS.
These guys were riding horses and sending smoke signals.
We're going to need all your network's records of your activities in Afghanistan.
You two ever hear of the First Amendment? You can't impede an investigation by yelling "free press!" Fine.
And you can't blame me for the military's mistakes.
The news media are the best friends we have.
There are a lot of senior officers that would disagree with that, Mr.
Secretary.
Sure, A.
J.
, because they're stuck in the Vietnam mode.
Today, if you want appropriations for the Joint Strike Fighter take a network correspondent for a ride in an F-18.
Congress threatening to cut back the Marines' budget? Let a reporter drive a tank.
This isn't about appropriations, sir.
No, it's about biting the hand that feeds us.
Problem is, the media bite back.
Do you know who has called me already today? No, sir.
The Secretary of Defense, the Secretary of State and the President's chief political advisor and do you know why? Because two JAG officers who should know better have been harassing a well-known war correspondent.
This isn't harassment, Mr.
Secretary.
Dunston might have been responsible for three SEALs being seriously injured and four innocent civilians being killed.
Let's say he was.
Let's say that his call was somehow picked up by the Taliban while they were roasting goats' brains over an open fire.
How would you prove it? Where would you prove it? Sir, we're all aware that there is a jurisdiction problem here.
A problem, A.
J.
? Nothing happened on our soil.
He committed no crime.
He's not even a member of the military.
That may be true, sir He's not a foreign terrorist we can ship out to Guantanamo, is he? No, sir.
Or try in secret on some ship? No, sir, he's a civilian entitled to due process.
Then he is beyond our reach.
That's not entirely true, Mr.
Secretary.
Title 10, Article 802: Anyone who accompanies an armed force into the field during wartime is subject to military justice.
You want to court-martial Stuart Dunston? Possibly, sir.
On grounds of disobeying a direct order in combat.
A.
J.
, you approve of this? I take recommendations from my senior staff very seriously, sir.
Do you know the mud storm that is going to hit us? Respectfully, sir, our job is to follow the evidence wherever it may lead.
Great.
That's just great.
Are you going after anyone else I should know about? Dan Rather? Tom Brokaw? No, sir.
But someone who should be taken to task is the person who authorized this mission in the first place.
Really? That would be me.
What the hell is this? A subpoena.
From a military court? News flash: I'm not in the Navy.
When you're with a SEAL team you're required to follow orders.
The military's just plain paranoid about the media.
With good reason.
Wrong, Rabb.
We're getting briefings in hotel lobbies.
You don't let us near the scene when there are friendly fire casualties and then you wonder why we don't buy everything you try to sell us.
I don't wonder, Stuart.
I don't care.
Trust us a little.
Reporters are as patriotic as soldiers.
The problem isn't disloyalty.
It's that reporters don't know what might compromise a mission.
Come on.
We're not going to reveal troop movements.
Really? Seems a certain magazine reporter was given inside information on the invasion of Panama in December '89.
After a few drinks at the office Christmas party, he let the information slip.
Mistakes will happen.
Mistakes like those cost people's lives.
You're required to turn over phone logs, videotapes and all other documents related to the mission.
You can start with the tape of your SAT call.
Excuse me, Stuart, I finished translating the Al-Jazeera broadcast.
Ginny, get me somebody from Legal down here.
Right away.
Your lawyers can move to quash the subpoena but they'll lose.
I don't get you two.
You've been around.
You ought to know how this town works.
Rule number one: never attack the guy with the microphone.
He always gets the last word.
We were inserted at 2200 Zulu, about eight clicks north of Zhawar Kili.
The ZNN bureau logged Dunston's call about two hours later.
I remember him creeping behind some boulders.
He said he had to use the facilities.
Even borrowed my e-tool.
Let's take a look.
Hey, Ginny.
How about getting someone to order us up some pizzas? We'll get it when we get your standup.
Don't hold your breath.
Taliban are more scarce around here than strippers in Kandahar.
Mac, pause this.
That's not a timecode: six seconds north.
seven seconds east.
Geographic coordinates.
Anybody picking this up would know the exact location of the SEALs.
That son of a There's no proof that Dunston's transmission was intercepted.
Let's take a look at the rest.
Have they told you where you're headed? Nope.
Top secret.
When will we hear from you again? Don't know.
If Lieutenant catches me, he'll raise hell.
I'd better wrap it up.
That's an admission he knew about the order and willfully violated it.
Still, no nexus between the call and the ambush.
What's all this lawyer talk about, Commander? It means it's not going to be easy finding someone to file charges.
And even harder to prove them.
Wow, French.
Yeah, well, we're getting sea pay and hazardous duty pay and I'll be on fast track to make Lieutenant Commander.
Looks beautiful.
Here you are, sweetie.
Thank you.
Honey, sea duty is just the beginning.
My next orders could be to battle group JAG.
Cheers.
Cheers.
I thought that this is what you wanted.
I did.
I do.
Now it's just seeming very real suddenly.
Honey, I'm going to miss you, too.
It's a two-year assignment six-month deployment on the Seahawk.
How many candlelight dinners like this are we going to have? The ones we do have will be all the sweeter.
Some husbands in foreign ports they get lonely Oh, no, no.
Never.
Never.
What about dinner? It can wait.
Admiral, I was hoping to see you.
What is it, Lieutenant? Now that Roberts is transferring out, I was wondering Commander Rabb will be dividing up Roberts' files.
Yes, sir.
I just thought, sir, the Crawford court-martial-- Roberts hasn't had much time to work it up.
Perhaps I should dig into it.
Crawford.
I thought we were farming out Crawford to NLSO in Naples.
Isn't it a simple UA? Not so simple, sir.
Crawford went UA, got drunk, busted up una bettola stole a Vespa, rode it into the Mediterranean caused quite a fuss over there.
Una bettola? Angling for a trip to Naples, Lieutenant? I have been studying Italian, sir.
Excuse me, sir.
The Commander and the Colonel are waiting for you.
Lieutenant.
Thank you, Tiner.
Anytime, sir.
I read your report.
Any precedent for the military going after a journalist? Well, sir, Abraham Lincoln wanted to prosecute a New York Times editor for publishing troop movements during the first battle of Bull Run.
And for encouraging Union soldiers to desert but Lincoln decided against it.
There was also an incident in the War of 1812.
War of 1812.
Yes, sir.
After the battle for New Orleans General Andrew Jackson ordered a newspaper editor court-martialed, sir for publishing a story that hadn't been approved.
The war ended, and the prosecution was dropped.
Recommendations? Under Section 802 I know, Dunston was with an armed force during time of war and in theory is subject to military justice.
Yes, sir.
But he had no commanding officer.
Who has the authority to convene such a court-martial? Well, under section 22-A of the UCMJ, sir there is one person.
Oh.
Yes, Mr.
President.
That's right.
Lincoln never did and the newspapers kept printing orders of battle and troop movements.
Well, sir, if we do decide to prosecute the news media will raise hell and you will take some heat.
No, sir, I would not recommend that you get out of the kitchen.
Hey, wait a minute, wait a minute! You can't go in there.
Yes, we can.
He's going on the air.
We have something he might want to report.
Mike check.
Now is the time for all good men to come to the aid of their country.
I don't know how they got past security, Stuart.
It's okay, Ginny.
Stuart, we're on in 30.
What is it, Rabb? You've got 25 seconds.
Stuart Dunston by order of the President of the United States a court-martial is hereby convened to hear criminal charges against you.
Court-martial? You've got to be kidding.
Oh, this is no joke, Stuart.
You're in the Navy now.
"Navy Scapegoats the Media.
" "Investigation or Witch-hunt" and, my personal favorite, "Navy's Image Sinks.
" I've seen them, Mr.
Secretary but the President knew we'd take some hits when he convened the court-martial.
And I'll live with that decision but I don't want to win the battle in the courtroom and lose the war on the editorial pages.
Take a look at this.
Stuart, are you guilty of a crime? I'm guilty of trying to do my job-- the only job specifically protected by the U.
S.
Constitution.
The military claims that you violated an order and as a result, four Afghan civilians were killed and three Navy Seals wounded.
Bad intelligence and flawed planning were to blame, not me.
There's an old saying, Wendy.
The first casualty of war is the truth.
You're saying the military is managing the news? They did it in Panama and Somalia and Desert Storm and they're doing it here.
We've given Dunston a bigger soapbox.
So Mackenzie and Rabb will just knock him off it.
Does the defense have any preliminary motions? Yes, Your Honor, Mr.
Dunston's civilian counsel has asked me to argue the motion to dismiss on the grounds that this court-martial lacks personal jurisdiction over Mr.
Dunston.
I'm intrigued, Commander, to hear why.
Mr.
Stuart Dunston, a civilian, is charged with two counts-- violating an order and aiding the enemy-- both under the Uniform Code of Military Justice.
Wasn't Mr.
Dunston accompanying a military unit engaged in combat in time of war? In combat, yes-- in time of war, no.
We may talk about a war on terror, Your Honor but that has no legal meaning without a declaration Congress.
Your Honor, there was no declaration of war in Vietnam, Korea or in the Gulf War, for that matter but I have no doubt, sir that the men and women who served in those conflicts knew they were at war.
Do you have authority to support that proposition? Your Honor, in United States v.
Castillo the Court of Military Review found that Desert Storm was a De facto war.
But the Court of Military Appeals ruled just the opposite in U.
S.
v.
Averette.
It held that a civilian employed by the Army in Vietnam couldn't be tried for theft because Congress never declared war.
So the cases are all over the waterfront.
Your Honor, in these times we can expect more undeclared wars on bands of terrorists than declared wars on sovereign nations but for the safety of our men and women in combat, sir it is imperative that civilians in the field be bound by military discipline.
I agree.
The accused's motion for dismissal is denied.
Thank you, Your Honor.
Thank you, Your Honor.
But a word of warning.
If all you prove is a technical violation of an order this case will never get to the members.
Sir.
Unless you show that Mr.
Dunston's conduct was the proximate cause of the ambush I'll dismiss all charges and specifications.
We're fighting to protect ourselves from violence and fear We're not equipped for this kind of trial.
Our court is the only place for this kind of trial.
Military justice works just fine for the military.
You're being used, partner.
Being used is when you don't believe what you're saying when you're just a mouthpiece.
You're really buying into this.
This isn't just lawyering.
We're fighting against men without conscience.
Harm, when I took an oath to defend the Constitution that included the First Amendment.
The First Amendment doesn't give the press the right to endanger lives.
Thomas Jefferson once said if he had to choose between a government without the press or the press without a government he'd choose the press.
Jefferson didn't know Stuart Dunston.
You really think that Dunston's innocent? No, I think he's guilty of arrogance and conceit but that doesn't mean we should court-martial him.
For all the reasons we're fighting to win, and win we will.
The President seems to think you're wrong.
So, he won't make me an admiral.
The President's going to answer questions from the press after his speech.
Someone will ask him about the Dunston case, won't they? It's all the media seems to be able to talk about.
And whatever he says will be widely publicized.
I see where you're going with this.
It won't work.
Depends on what the President says.
Commander, what's the hardest part of being a submariner? Holding your breath.
Oh, what's that? It's goose pate with deviled quail eggs.
Would you like one? Oh, no, thanks.
Admiral, I was hoping your new friend would be here.
Uh who? That lovely woman that knows all about Shakespeare.
Oh, she couldn't make it this evening.
Excuse me, Lieutenant.
What sort of cases are you expecting, Bud? Hot-button issues, ma'am.
Approving tactical strikes on enemy targets working with allied legal officers on international treaties Really? Oh, yes, sir, perhaps even trying foreign terrorists in military tribunals.
It sounds exciting, Lieutenant.
Well, sir, compared to the mundane day-to- day work of JAG Not that what we do here isn't important.
Glad to hear you say that.
It's just that, you know, international law is A hotter button.
The President said he supports punishing anyone who endangers American lives including reporters.
Now, that statement clearly refers to this trial and prejudices my client's rights.
Are you aware of the severity of such a charge, Commander? Yes, sir, but when the convening authority makes televised statements calculated to influence the court-martial I will be derelict in my duty if I do not respond.
The convening authority is the Commander-in-Chief.
Which makes the statements even more egregious, Admiral.
And your motion even more precarious.
I recall when Charles Manson was on trial.
President Nixon said he thought Manson was guilty.
And the motion for mistrial was denied.
But civilian jurors weren't dependent on President Nixon for promotion.
Your Honor, the President merely said the guilty should be punished.
Where is the prejudice in that? Let's find out.
Spot 2.
Spot 2.
Welcome aboard.
Lieutenant, XO's waiting for you in Deck Ops.
Used to have two judge advocates so one was assigned to Kandahar, the other to the Stennis.
Work's been piling up.
Well, that's okay with me, sir.
It's all part of combat duty.
Before we insert you behind enemy lines, Lieutenant why don't you finish checking in.
Captain Johnson would like you to join him for evening chow at 1900.
Aye, aye, sir.
Uh I'm sorry, I thought that this was The Legal Office? Don't you remember me, Lieutenant? Christmas, your house Petty Officer Coates.
I thought that you were In the brig, sir? Well I did my time.
Changed my attitude.
I've been reassigned.
Me, too.
Reassigned.
I know, sir.
I'm your Legalman.
Are you aware of certain statements made by the President about this case? I am, sir.
Can you follow my instructions in reaching a verdict? I can, Admiral.
And disregard any statements made by anyone else including the President? That would not be a problem, sir.
Can you render a fair and impartial verdict based solely on the evidence? It's my duty, Admiral.
Very well.
Your Honor, the members may think they can remain objective but there's no way they can put the President's words out of their minds.
You can't unring a bell.
Your Honor, the members are military officers, and there is no reason to believe that they will do anything other than follow the court's instruction.
I agree.
The court is satisfied that no prejudice occurred.
Motion to dismiss is denied.
Call your first witness.
I firmly believe it's in the national interest for the public to be informed of military actions.
So you approved the accused's request to accompany a SEAL assault force on a combat mission? I did.
On what condition? That Mr.
Dunston agree to waive all liability in the event of his injury or death and to follow orders at all times.
Can you identify what's been marked as Government Exhibit One? That's the written agreement, signed by Mr.
Dunston.
Thank you.
Your witness.
Sir, why did my client approach your office for approval? Because he'd been turned down by Lieutenant Laslavic and by Commander Curry, the Mission Commander.
Turned down also by Joint Special Ops Command? Yes.
Why? They thought the mission was too dangerous for a civilian.
Apparently, they were right.
Regretfully, they were, Commander.
Do you think Mr.
Dunston is responsible for three SEALs being wounded and four Afghan civilians killed? Objection.
Calls for a conclusion.
Overruled.
I wasn't in Afghanistan.
I don't know what Mr.
Dunston did.
But I know what I did.
I failed to listen to the Commanders in the field.
I'm the one who's responsible.
"We try to avoid being seen, heard, even smelled.
I mean, we don't even heat our MREs because the smell of warm food could compromise your position.
As Assault Team Commander, what orders did you give? To be silent and invisible as much as humanly possible.
With regards to Stuart Dunston? Well, I ordered him specifically not to use the satellite phone.
Were you aware, Lieutenant that 51 minutes prior to the ambush of your team, Stuart Dunston made a phone call? Not at the time, sir.
Thank you, Lieutenant.
Your witness.
Do you have evidence that the video call Stuart Dunston made was intercepted by enemy forces? No, sir.
Do you have any evidence that the enemy even had the equipment to intercept such a call? No, sir.
Once you were attacked what did Mr.
Dunston do? Well, he took cover.
And when Petty Officer Hamilton was shot? Mr.
Dunston got to him, and he pulled him to safety.
While you were taking fire? Yes, sir.
So that the members understand Mr.
Dunston, a civilian, crawled out from his position of cover, and risked his life to drag one of your men to safety? Yes, sir.
"Oversleeping.
" "Soiled uniform.
" "Attempted cursing?" How is that even possible? He got half the word out, sir.
This is our caseload? There are more serious ones, Lieutenant.
"The case of the purloined crustacean"? I sometimes give the cases names to help me remember them.
"Two seamen are accused of raiding a chill box and stealing the officers' lobsters.
" What? A joke? More like dinner, sir.
They steamed the lobsters on the boilers.
What's the evidence? A couple of claws? Here, let me show you.
Legal.
Lieutenant Roberts.
Yeah, put her through.
How's it going out there, Lieutenant? Hi.
Oh, just up to my elbows in cases, ma'am.
Well, you're going to be out of touch soon so I thought you'd like to hear from someone.
Say "Hi" to Daddy.
Hi.
Hey, A.
J.
It's my son.
Hi, sweetie.
Who are you talking to? Uh, my Legalman.
Well, I hope he's good at his work.
Uh, yes, very well-organized.
That's correct.
The lieutenant told me not to use the SAT phone.
But you ignored the order? No disrespect to Lieutenant Laslavic but I know a little more about electronics than he does.
Meaning what? The satellite phone has a narrow beam width with no side lobes.
Now, maybe one of our EC-135 Rivet Joints could intercept the call but not some ragtag Taliban using walkie-talkies with flashlight batteries.
Your Honor, we move into evidence documents certified by the Measurements and Signatures Intelligence detachment.
They show no electronic surveillance activity by any unknown forces on the night of the incident.
So admitted.
Your witness.
You ever serve in the military, Mr.
Dunston? Apparently I have for one night.
You understand that in the military all lawful orders must be obeyed? So I'm told.
Do you admit to signing an agreement to obey all such orders as a condition of accompanying the SEAL Assault Force? I had three choices, Commander.
I could stay in the hotel in Islamabad and watch Al-Jazeera on TV.
I could attend the Army's daily briefings-- what we call "The 5:00 Follies"-- or I could do whatever was necessary to join an assault force in the field.
So, you signed the agreement never intending to abide by it? I signed it not intending to give up the right to think for myself.
Oh well, apparently, you reserve the right to decide which orders you will obey and which you choose to ignore.
My bosses can tell you I usually disobey theirs.
Well, your boss, this evening Mr.
Dunston, was Lieutenant Laslavic whose job it was to complete a dangerous mission and to protect his team which also included you.
I didn't do anything to jeopardize the Lieutenant his men, or myself.
You were really good in there, Stuart.
Thanks.
But I'm more comfortable asking the questions.
Hey, Rabb, no matter the outcome uh, no hard feelings, okay? Spoken like a man who expects to win, Stuart.
You're more charitable than I am, Stuart.
Hello.
Sorry.
Kashmir Bureau Chief.
They have an interview we may want.
Good.
We'll wrap this thing up tomorrow and I can go back to work a free man.
She speaks fluent Farsi.
She's an interpreter, Mac.
With perfect intonation? She studied at the University of Cairo.
Foreigners who learn Farsi speak with a noticeable accent.
Where are you going with this? Ginny Baker is a native speaker.
The Kashmir Bureau Chief would speak Urdu, not Farsi and they weren't talking about the interview.
They were talking about Stuart Dunston.
Miss Baker, did you receive a satellite call at the network from Stuart Dunston when he was in the field with the SEAL team? Yes.
And that was at 7:37 p.
m.
, Washington time? About then.
According to your cell phone records you made a call three minutes after hanging up.
If you say so.
The records say so.
Why didn't you use the network's phones? Objection.
Mr.
Dunston admits he made the call to the network.
Whatever Miss Baker did thereafter is irrelevant.
I'll tie it up, Your Honor.
Hopefully in short order.
Miss Baker, why did you use your cell phone? It was a personal call.
To Islamabad, Pakistan? Yes.
To a cell phone registered to an Aziz Nasiri.
He's my cousin on my mother's side.
Must have been an important call.
Well, in Islamabad, it was about 5:40 a.
m.
Sometimes I forget about the time difference.
What does Mr.
Nasiri do for a living? Your Honor? He works for an international charity.
Does it have a name? I can't remember.
Holy Land Liberation Crusade.
That sounds right.
Which was just listed by the Attorney General as a fund-raising front for Al Qaeda.
I know nothing about that.
Where were you born, Miss Baker? I don't think that's relevant.
That's for me to decide.
Answer the question.
London.
And where were you raised? Different places.
My father was a diplomat.
She told me she was raised in England.
Actually, your parents divorced shortly after you were born and you returned with your mother to Iran where you were raised by her family.
Is that a crime? And while Baker is your father's name the name you used just before coming to the States last year was your mother's: Zahedi.
Correct? I thought if I used my Iranian name I'd be discriminated against, and apparently, I was right.
Is that why you traveled under a forged English passport? I don't know what you're talking about.
Who forged it? VEVAK-- the Iranian Intelligence Agency? That's ridiculous.
Where's your mother today? Why don't you ask your CIA? The Zahedis were prominent Shiite clerics.
Were they persecuted by the Shah of Iran? They were killed-- my entire family wiped out by a despot backed by American money and American military.
MacKENZIE: And you would do anything to avenge their deaths.
The call you made that night was to disclose the SEALs' position to Aziz Nasiri so he could relay it to Taliban forces.
Isn't that true? She refuses to answer, Your Honor.
The Master-at-Arms will take the witness into custody.
JUDGE MORRIS: Have you consulted with your attorney? I have, Your Honor.
And you understand by changing your plea to guilty you waive all defenses? I do.
Now how do you plead? I thought I was innocent, Your Honor.
But I am, at the very least, morally responsible.
I plead guilty.
The court finds that your plea is knowing and voluntary and hereby finds you of all charges and specifications, guilty.
Does the defense counsel have anything in mitigation of sentence? Sir, I would ask that the court take into account Mr.
Dunston's acceptance of responsibility and expression of regret.
Trial counsel anything in aggravation of sentence? Your Honor, the principle that's been established here is more important than any sentence the court might impose.
I agree.
Mr.
Dunston, the court trusts that you and the rest of the news media have learned an important lesson.
I sentence you to 12 months confinement at hard labor.
However I'm recommending that the convening authority suspend sentence.
This court's adjourned.
Stuart Thank you.
One or two "E"s in judgment, sir? Uh, either way, but one is preferred.
Good.
Less typing.
Oh, look.
You've got an email greeting card.
Oh, let me see.
Oh, so cute.
I miss them so much.
I'll email your wife and tell her how much you like the card.
Uh, no, let me do that.
Why don't you go work on updating the Captain's Masts? Yes, sir.
Earlier today, I threw myself on the mercy of a military court.
Now, I do the same with the court of public opinion.
I do so because I am guilty not just of disobeying an order in a time of war.
I'm guilty of pride of smugness of all-importance.
To the American people and to the Afghan people I express my sincere regret for my conduct.
It was inexcusable.
I'm going to take some time off after I visit each of the wounded SEALs and personally apologize for my actions.
Then I'll be back on the air, but with a different attitude.
This is Stuart Dunston.
I was wrong about the system, Harm.
It did work.
Oh, we were all a little bit wrong.
Don't look at me.
I wasn't wrong about anything.