JAG s09e08 Episode Script

( gunfire and glass shattering ) I repeat: we need backup and an ambulance ASAP! Suspect is armed with a fully automatic rifle and may have armor-piercing rounds! Barclay! Barclay! I need you to let my deputy go, now! Then get your men out of here, and I'll let her go! You know I can't do that, Barclay.
Hang on, Mclnnis! You just hang in there.
Damn it! What the hell does he think he's doing? Dispatch, this is Sheriff Driskell.
I told you to tell those jarheads Get in there! Get in there! Dispatch, this is Sheriff Driskell.
Get me the commanding general at MCAS Yuma, now! Barclay Cale was a widower who had farmed this small piece of desert for most of his life.
Fifth time I've seen it this morning.
It's all over the news.
You know what they say, sir "If it bleeds, it leads.
" held off police with a converted automatic weapon.
The standoff sadly ended when a Marine pilot chose to act as judge, jury and executioner.
We could have taken him out alive.
No court in the land would have given Cale the death penalty for what he'd done.
He hadn't killed anybody.
But that Marine pilot took the law into his own hands.
REPORTER: Barclay Cale inherited So, you see the urgency in resolving this case? Sir, what was Major Tunney doing so close to a police standoff? I don't know.
You should put that in the top of your list of questions, Colonel.
What do we know about Barclay Cale, sir? The Yuma County Sheriff was attempting to arrest him for tax evasion.
Property taxes on land he had lost to his creditors.
Geared up for one last stand.
Opened fire on the deputies as soon as they arrived.
Sir, it's illegal for the military to participate in arrests, searches, or police activity on US soil, which means that when the Marine pilot killed Barclay Cale, he violated the Posse Comitatus Act.
May have, Colonel.
Posse Comitatus contains a lot of gray area.
Did the pilot feel the circumstances were exigent, sir? Put that on your list of questions.
Look, the, uh, Administration's taking a lot of heat for the Patriot Act.
The last thing they want is the public worrying about the Marines interfering with domestic law enforcement.
That will be all.
Aye, aye, sir.
Aye, aye, sir.
Sir.
Good morning, Harriet.
Hey, Bud? Hey, honey, listen to this.
"The pioneers "of a warless world are thyouth who refuse military service.
" Whose case is that? Albert Einstein.
I-I mean, he said it.
Are you all right? No.
I got a call from the Inspector General's office.
First time in three years.
They're calling you back from temporary duty? I don't know.
I have to report to General Tillmann at the Pentagon.
Well, we always knew there was a chance that you'd have to leave JAG.
I guess I just tried to ignore it.
Harriet, let's not panic until we know for sure.
Why are you quoting Einstein? Oh, I've been assigned as the investigating officer in the case of, uh, Lieutent Commander Justin Bentley.
The Navy paid for Commander Bentley's medical education.
Now that his reserve unit has been put on standby for deployment in Iraq, he's claiming conscientious objector status and asking for separation based on his beliefs as a religious pacifist.
And you don't find Commander Bentley is sincere? Well, everybody finds war objectionable, but sometimes it's necessary.
So is standing by one's beliefs, though, Bud.
LIEUTENANT COLONEL PITTMAN: Major Tunney is the real deal.
He flew combat missions in Iraq and Afghanistan.
Hell, he's trained over half the pilots on this base.
It's not his skills that are at issue here, Colonel Pittman.
It's his judgment.
I assume you debriefed Major Tunney after the incident.
Major Tunney was conducting routine training.
He noticed the standoff with the Sheriff's Department and the wounded deputy on the ground.
He believed he could assist with emergency medical evac.
That's when Mr.
Cale opened fire on him.
Well, the Sheriff's TV interviews left that part out.
Did the Major seek authorization before returning fire, Colonel? He did.
He was told to hold his position while we attempted to contact the chain of command.
You told him to hold his position, or hold his fire? Hold his position, Colonel.
I would never instruct a Marine to hold fire while he's taking direct fire himself.
Why not just tell the Major to leave the area? Because the Major explained to me he thought he could save some lives.
Sorry I kept you waiting.
Oh, I'm used to waiting for doctors, Commander.
Well, I see that you have all the bells and whistles.
I'm not Amish, Lieutenant.
Quakers respect scientific advances.
We simply believe they should be used to elevate humankind, not to kill.
Yeah, as investigating officer, it concerns me that you came to that conclusion just as your reserve unit was put on standby for activation.
I know the timing seems convenient.
But the change in me came last year when I got married.
The six years I spent on active duty in the Navy, Lieutenant, were difficult ones, wondering if I was contributing to the things I was seeing on the news.
The guilt was overwhelming.
I see that you, uh, display your Naval affiliation, Commander.
Why? To put my patients at ease.
You're part of the Navy Preferred Plan.
Most of your patients are military or military dependent.
Once you're a civilian, are you going to leave the pictures up? That would be hypocrisy, Lieutenant.
You think your clientele will accept that? I sincerely hope that they will, Lieutenant.
MACKENZIE: Major, were you doing flight training with fully armed weapons systems? No, the 20 was loaded with lead ball training rounds, Colonel.
If I'd opened up with explosive incendiary, that barn would be nothing but ashes.
Well, it's still way too much firepower for the task at hand.
Well, I heard over the radio that he had a hostage, So, I hovered low enough to see where she was.
Looked like Cale was training the gun on her, so, I fired a micro-burst at a shallow angle.
I was only gunning for the bad guy, ma'am.
I'm sorry to hear the female deputy was hit by falling timber.
I was not looking to participate in any police action, Colonel.
I just wanted to help.
By opening up with your 20-millimeter guns? As I stated before, ma'am, I was taking fire.
The guy was a lousy shot, Commander, but you throw enough ammo out there and you're bound to hit something.
Isn't the Cobra's cockpit designed to withstand small arms fire? Yes, sir, under optimal conditions, but that doesn't mean an armor-piercing round couldn't penetrate the windshield or a seam between the Noroc side panels.
We were afraid he'd take us down right on top of the cops on the ground.
So, you're telling me you sincerely felt your life was in danger? What else could we do? We were being fired upon.
I attempted to make radio contact with the sheriff, but the dispatcher told me that she was under orders not to put me through.
What about your operations duty manager? Did you attempt to contact anyone on base for orders? Yes, ma'am.
I tried to get direction from my squadron CO through the duty manager, but before Colonel Pittman could get to me, I started taking fire.
How many rounds did Barclay Cale fire at you? I really can't say for sure.
But he did fire on you? Oh, yes, ma'am.
Major, you know what the Posse Comitatus Act is.
Can you honestly say that your actions weren't in violation? I did what had to be done, ma'am.
And no, I didn't believe I was breaking any laws by defending myself or trying to save the lives of those two deputies.
GENERAL TILLMANN: The Inspector General says you've been a real administrative whiz over at JAG.
We were hoping you'd want to help us out for a while.
Am I being reassigned to the Pentagon, sir? Lieutenant Sims, I'm retired from the Marine Corps.
I'm with Armed Forces Entertainment.
So, I'm not in a position to reassign anybody.
Then, why? Biggest USO show of the year.
Baghdad, Christmas Eve.
You ever try to do Personal Information forms for celebrities? The women won't give their real birthdates.
The men won't give their real heights.
Celebrities, sir? We need travel documents for 70 people.
Everybody from Garth Brooks to the Dallas Cowboy Cheerleaders.
Would I get to meet Garth Brooks? I would think so.
Now, there's no extra money in it.
That's okay.
And wrangling rock stars is not for the timid.
Well, neither is working for Admiral Chegwidden, General.
I would love to do this.
You find anything? Colonel Pittman's not the only one who worships the ground Major Tunney walks on.
You? Well, Tunney's former CO doesn't feel the same way.
This is the final report from a previous Command inquiry.
Two years ago, Major Tunney used his helicopter to assist the San Diego Police in apprehending a felon during a police chase.
This isn't the first time he's been investigated for violating the Posse Comitatus Act.
Looks like Major Tunney thinks he's the Lone Ranger.
Medical help for Mclnnis was already en route, and with backup, we could've taken care of Barclay Cale, too.
That's our job, not Major Tunney's.
He just wanted something to shoot at.
Well, Major Tunney says Barclay Cale shot first.
There were bullets flying everywhere.
To be honest, I can't call the man a liar, but I don't believe that Major Tunney was under fire at the time he opened fire on Barclay Cale.
Now, Major Tunney said he tried to make contact with you at the scene, but your dispatch wouldn't put him through.
Because I told them not to.
Why? I was busy enough dealing with one trigger-happy yahoo.
The last thing I wanted was another.
Look, I've got two deputies in the hospital, and the one who's still in intensive care wasn't injured by the man I was trying to arrest.
She was hurt when your Marine knocked half a barn down on top of her.
A helicopter gunship is not the right tool to use in a hostage situation, Commander.
This is Arizona, not the damn Gaza Strip.
REVEREND: This the Lord says and proves to you daily by the example of the community of which you are part.
Find peace in each other, and pray unto the Lord, for in the peace thereof shall ye have peace.
We'll welcome the newcomers.
Now, go with God.
Commander Turner.
This is Commander Turner.
He'll be representing me at my hearing.
My wife Pleased to meet you, ma'am.
Would you like some coffee, Commander? No, thank you.
Commander, Reverend Ford.
Sir.
How much do you know about the Society of Friends? Mm, not a lot.
My father was a Baptist minister.
I was raised in that faith.
You know I can't take an oath in court.
I wasn't aware of that restriction.
Well, to swear to tell the truth under oath implies that we lie the rest of the time.
Dr.
Bentley can only affirm that he will continue to tell the truth.
I'll explain that at the hearing.
It won't be a problem.
We would appreciate it if you could make it clear that my husband's actions are not an indictment of the United States.
He's asking for a separation from the military during a time of war, when men and women are dying in Iraq every day.
While I respect his right to ask for a separation, I can't guarantee it won't damage his reputation.
Well, my personal character isn't as important to me as the Church's good name.
People could misinterpret my intentions.
Ford: Commander, Quakers have a long record of bravery and patriotism.
As abolitionists, we petitioned against slave owners.
And fought to win women the right to vote.
This is nothing new for us.
Our religion has endured two World Wars and Vietnam.
We have been called cowards and Communists, spat at in the streets, and discriminated against.
Despite the vast humanitarian efforts we've offered our country in times of war.
Can't comment on anything beyond the facts of the case.
My case, Commander, is about more than facts.
It's about faith.
Faith is an intangible, Commander.
I can't prove it in court, and I'm not even sure if I know what it is anymore.
How can you prove what you can't see? ( scoffs ): We mere mortals have to accept the fact that we don't always know the answers, Bud.
Well, as the investigating officer, I don't have to know the answer.
If I can say with that Commander Bentley's beliefs are not sincere, that's the report I have to submit.
Do you think you resent Commander Bentley because of what's happened to you? When I was called to duty in a combat zone, I went without question.
And paid dearly for it.
Now, you fought to stay in the Navy because you believed that was the right thing to do, and apparently, Commander Bentley believes something different.
Don't you just think it's a little bit strange that, of all of the churches in all of the world, he decides to join one that will give him CO status? Maybe But do I think it's okay to punish a man who may be guilty of nothing more than religious conviction? No.
I don't.
Ooh, I got to go.
Now? Why? I have to make travel arrangements for a diva who won't go without her toy poodle, and I have to explain to a rapper why he can't wear his ski cap in his passport photos.
HARM: Two incidents in two years is a little more than coincidental, Major.
Tell us about what happened two years ago.
Well, I was stationed at Camp Pendleton.
San Diego police were chasing a guy doing 90 up the wrong side of a divided highway, so I went down low in front of him.
I figured I'd scare him into stopping.
Instead, he ran himself off the road.
Yeah, and crashed into a tree in someone's backyard where, luckily, kids weren't playing.
You can't hold a man responsible for what didn't happen, Colonel.
In both cases, I took action that saved lives.
If that's illegal, lock me up.
I'm just not sure I'm the right man for the job, Admiral.
So, you can't find any common ground with Commander Bentley? I don't think so, sir.
Even though you had the benefit of being raised by a minister? Sir, I look at my father and I see his faith for better or worse.
I don't see that when I look at Commander Bentley.
Does your father know you're turning your back on religion? I know the question's a little out of line, but I'm asking anyway.
Respectfully, sir, I will represent the commander to the best of my abilities, but I can't say in any good conscience that I respect his actions.
Well, good lawyering has nothing to do with feelings.
Dismissed.
Aye, aye, sir.
Sturgis? You talk to your father lately? MAC: Posse comitas prohibits the military from participating in any effort to execute or enforce the law on US soil.
Technically.
The military, however, can be used in certain specific circumstances: I.
e.
the Army lended advisors and a tank during the Waco standoff.
Yeah, and look how well that turned out.
Well, but SEAL Team 6 and Delta Force provided security and surveillance during the Olympics.
They also provided advisers to the FBI and local police during the hunt for the DC sniper.
Says who? I have my sources.
Right, I forgot.
You went to the dark side.
The military can be used in cases involving biological, chemical, and nuclear weapons.
Only with the approval of the Attorney General, and Barclay Cale didn't have any nukes parked in his barn.
The Marine Corps was brought in to corner the LA riots.
Military can be used to suppress insurrections against the government.
Now, the hostage standoff began when Mr.
Cale refused to pay his income tax.
One could argue this was at least the beginning of an insurrection.
Wrong.
Barclay Cale wasn't trying to overthrow the government.
He was a man with nothing to lose, just trying to keep some dignity.
He went about it the wrong way.
You really love this, don't you? What, arguing with you? Yeah.
The investigations, the interviews, and yes, our arguments.
I'm beginning to understand why you came back.
You need JAG just as much as JAG needs you.
What about you? You glad to have me back? ( phone rings ) Lieutenant Colonel Mackenzie.
Yes, absolutely.
Thank you.
That was the Yuma County Hospital.
Deputy Linda Foyo is out of intensive care.
What happened before you were injured in the shootout? Did Barclay Cale fire on the helicopter? He was firing, but he had stopped by the time the chopper fired at us.
Look, Barclay Cale was a sad, stubborn old man who deserved to do life in prison, but if there's one thing he knew, it was weapons.
When that helo showed up, he knew he couldn't shoot his way out.
So you you're telling us that the Marine helicopter's presence was helpful? Not in the way that you mean.
I mean, it-it helped me talk Barclay into giving himself up, which he was about to do before that pilot opened fire.
You're sure he was going to give himself up? Colonel Barclay Cale was a vet.
Caught the tail end of Vietnam.
He knew better than to take on a Cobra.
Why am I not surpred? Hell, the two of you agreeing That would be a surprise.
Admiral, given the highly public nature of the incident, I think not going forward with an Article 32 would invite accusations of a cover-up.
So you're recommending that we proceed to head off conspiracy theorists? No, sir.
I believe Major Tunney is in clear violation of the Posse Comitatus Act, and therefore Article 92 of the UCMJ: Failure to obey a direct order or regulation.
Admiral, Major Tunney is an experienced and dedicated Marine pilot who was taking fire and did what he felt he had to to save the numerous lives of law enforcement agents on the ground.
Well, if the Convening Authority sends this to an Article 32, we know who'll prosecute and who'll defend.
It would seem so, sir.
Yes, sir.
Uh, Admiral, the Marine Air Base is off limits to the public, so, in the interest of transparency, the county has volunteered its library as a hearing site.
Military History section, no doubt.
The outcome of this case could affect a lot more than one Major's freedom.
I couldn't have been any more clear, Colonel.
My dispatcher told Major Tunney we didn't want or need any help from the Marines, especially not in the form of a Super Cobra designed for taking out tanks.
Even though you were facing a gunman whose automatic weapon was loaded with SS-109 rounds? Colonel, half the street gangs in Yuma have automatic weapons.
I'm sure more than a few are loaded with AP rounds.
Should I call the Marines every time we raid a drug house? Your Honor, I'd like that testimony stricken from the record, unless I'm going to be allowed to answer that question.
So ordered.
Sir, would you please refrain from answering a question with a question? Yes, Your Honor.
Sheriff, besides the fact that it's illegal, was there any other reason that you refused Major Tunney's offer of assistance? Barclay Cale was one of us.
I'd known the man for 20 years, and although he'd been shooting, he was still talking.
A peaceful surrender was still on the table Until Major Tunney unleashed his cannon rounds.
The Marines are simply not trained or equipped to handle civilian law enforcement.
On what do you base that? Four years I spent in the Marine Corps, and the 15 years I've spent in the Yuma County Sheriff's Department.
Nothing further, Your Honor.
Sheriff, when you and your deputies arrived at the Cale ranch to arrest Barclay Cale, were any of your deputies wearing body armor? They were all wearing vests, but when Deputy Mclnnis went down, we realized Cale was using SS-109 rounds.
What about the squad cars you arrived in? Were any of these armored or ballistically reinforced to any degree? No.
So then despite your extensive law enforcement training, the instant Barclay Cale chose fight over flight, you and your men became helpless? We didn't choose to shoot it out like it's the OK Corral, but that doesn't mean we were helpless.
We were waiting for backup.
Well, I assume it wasn't part of your plan to have one deputy shot and another taken hostage? Objection.
Argumentative and irrelevant.
Your Honor, the witness has testified that my client's actions were unnecessary, and I'm trying to elicit testimony to the contrary.
Overruled.
But make your point, Counselor, and move on.
Sheriff Driskell Things weren't going well.
You were sitting, waiting for backup.
Must have been feeling helpless.
Not enough to call in the Marines.
That'll be all, Your Honor.
Hey, Pop.
Yeah, it's good to see you, son.
Thanks for coming by.
Have a seat.
Thank you.
Sorry it's been so long since I called you.
Yeah, well, I read the file that you faxed me on the conscientious objector case.
Do you have a gut feeling about him? I'm just finding it hard to believe that a sudden religious epiphany would cause someone to change his whole life.
I've seen it happen before, son.
You have, too, when you were a boy.
You know I spent hours in church, listening to the testimony of those "saved souls," Dad, but Are their lives really changed? Or do they just fall back into the same rut, the futility of trying to hold onto something in this world? I don't think it's this world that they're worried about, son.
So, why'd you call me? To help me win the case.
You've never needed my help before.
CHEGWIDDEN: Chaplain? Oh, I was on my way to see you, Admiral.
Keep your seat.
Good to see you.
Any words of wisdom for me? Absolutely, sir.
Treat my son well, and you will be rewarded in heaven.
I'll remember that the next time the Commander shows his stubborn streak.
You need me to help you straighten him out some? Well, I think he's straight enough already.
Should I leave so you two can talk about me? If you don't mind.
Hi, this is Lieutenant Sims.
I'm working with the USO.
Hi, hi.
I'm compiling the Personal Information forms for the Baghdad tour.
No, sir, you may not bring your 30-aught-six.
If feel the need to fight off the Fedayeen, I'm sure the Marine Corps will have your back.
IceBerg is not the name your parents gave you, and I will not put that on your passport application, young man.
Isaac.
Thank you.
Schulberg, okay.
No, Ma'am, the MREs do not include hydroponically-grown organic vegetables.
Maybe the Baghdad Hilton has a salad bar.
( click ) Hello? This hearing is to determine the status of Lieutenant Commander Justin Bentley.
Commander, on what grounds do you seek separation from the Naval Reserves? On grounds of conscientious objection to military service.
And did your counsel explain to you that you bear the burden of proof in this proceeding? Yes.
And that your beliefs must be "honest, sincere, and deeply held?" Yes.
All right, Commander.
We can proceed.
Does your client wish to make a statement for the record? Not at this time, Lieutenant.
Instead I'd like to call an expert witness.
I served as a Navy chaplain in both Korea and Vietnam.
Did you come into contact with conscientious objectors, Chaplain Turner? Yes.
And who were these men? Sailors and Marines who'd become repulsed at the undeniable horror of war.
They'd become convinced that no objective was worth the cost.
So many of them sought out their chaplain.
What would you do for them, Chaplain? If they were just scared, I would refer them for psychological help.
But if I found they were truly, spiritually troubled, I attempted to have them reassigned.
Have you spoken to Commander Bentley about his beliefs? At length.
And in your view, is he truly spiritually troubled? Commander Bentley has immersed himself in the Quaker way ever since his marriage last year.
He attends a meeting once a week and has studied the Peace Testimony extensively.
I am convinced that his pacifism and his religious conversion are sincere.
How do people have these sudden awakenings, Chaplain? Do they hear the voice of God? People have a variety of experiences.
God comes to some of us in our dreams, or in the voice of a small child.
In the things we see every day, the people we meet, the decisions we have to make.
Thank you, Chaplain.
You just have to be open to Him, Commander.
Again, thank you, Chaplain.
Chaplain Turner, it appears to me that Commander Bentley's spiritual searching took place after it was clear that we might be going to war in Iraq.
This war, like all wars, has made a lot of us do some soul-searching, Lieutenant.
Or maybe he's been attending meetings and studying Peace Testimony as a strategy to build up his case.
I don't believe that's the situation.
Do you believe it's possible to look into a man's heart? Not with surgical precision, but I'd like to think that I'm better at it than most.
Chaplain, I have no doubt that Commander Bentley hates war.
But I would imagine that you do, too.
And yet, you've been able to serve your country in uniform for nearly half a century.
I found honor in providing solace to those who fought, Lieutenant.
And comfort to the wounded and dying.
Deputy Foyo, do you believe that Major Tunney saved your life by killing Barclay Cale? I do not.
I was making headway with Barclay.
The guy went to High School with my father.
I had talked him into dropping the gun.
Thank you.
Nothing further.
Commander? Deputy Foyo.
Didn't Barclay Cale take your radio to prevent you from communicating with the other officers? Yes.
Well, then there's no way that anybody but you would know that Barclay Cale was ready to give himself up and surrender his weapon, is there? You weren't there, Commander.
This man knew me.
That didn't prevent him from taking you hostage, restraining you with your own handcuffs, and holding you at gunpoint, did it? No.
It doesn't sound to me like the Barclay Cale you were in the barn with is the same Barclay Cale you grew up knowing, Deputy.
Now isn't it possible In all the confusion The wind from the rotor blades, the noise that You're not exactly sure who Barclay Cale was shooting at? ( gunfire ) Barclay, please don't do this.
None of us wants to hurt you.
Just come out with me.
Come out with me, and they won't shoot you.
You got to believe me.
I didn't want this to happen.
Barclay, stop it.
You're too smart to want to go out like this.
Look around you.
The bank owns everything you see.
I can't afford a lawyer to do things the right way.
( helicopter approaching ) Did you call the black chopper? No, no, Barclay, I swear.
Barclay, stop it! They'll kill us both! I know! You don't want to kill me.
You owe my father at least that much.
I'm so damn sorry, Linda.
Couldn't really be sure who Barclay Cale was firing at, could you, Deputy Foyo? I don't believe Barclay was shooting at the chopper.
But, I guess I see how Major Tunney could have thought so.
Hey.
Hey.
Where've you been? I just had a long conversation with the base Public Affairs Office.
Don't set my interview up with Mike Wallace until I've actually won.
Very funny.
According to the PAO, you're not the one out looking for fame.
What's this? Your client's memoirs.
His publisher just dropped them off at the Public Affairs Office as a courtesy.
Check out the title.
The Nick of Time.
Goes to motive, Counselor.
It looks like Major Tunney may have had more of a personal interest in getting involved than he's let on.
But what's a little posse comitatus when you can be #1 on the New York Times' bestseller list? BENTLEY: My whole life changed when I met Julia.
The confusion I had about the military went away.
I met people who thought as I did.
You began attending your wife's church.
Yes.
The Quaker belief system spoke to how I want to live my life.
Could you be more specific? We believe every human life is precious, and that God intends for us to live in peace.
Some might say that's a bit idealistic.
How would you answer them? Without ideals what are we? Thank you, Commander.
Commander Bentley, would you ever consider serving your country in a non-combative way? If you're called up after all, it would be to save lives, not to take them.
I can't in good conscience aid the war effort, even indirectly.
Is that part of your Quaker beliefs? Quakers are divided on this, Lieutenant.
But I would have trouble being involved with anything connected to the military.
You didn't view the military that way when you took Navy money to pay for your tuition.
That was before my doubts began.
Certainly long before my conversion.
And after your conversion, did you attend any war demonstrations? No, Lieutenant.
Did you write any articles expressing your antiwar views? I would feel uncomfortable doing that while I'm still in the Reserves.
I'm trying to determine if you've ever actually done anything to convince me that you're a committed pacifist.
What I've done, Lieutenant, is to seek separation from the Naval Reserves.
I'm not impressed, Commander.
I'm sure that life is sweeter in the Virginia suburbs than it is in an Iraqi field hospital.
Lieutenant, that's unnecessary.
Lieutenant Roberts I want to serve God.
Nothing else matters.
I wrote my memoirs because I think I've led a pretty interesting life.
You sure it's not the other way around? You think I'd risk my career, my freedom and my reputation just so I could sell more books? Maybe you didn't think your reputation would suffer.
It certainly didn't after the first time you did something like this.
Objection.
Sustained.
Major Tunney, did you receive authorization from your senior before you opened fire on Barclay Cale? No, but And were you ever specifically asked by civilian deputies on the scene to provide any assistance whatsoever? No, but again Were you aware of the regulations prohibiting personnel in the US Armed Forces from participating in civilian law enforcement action on US soil without authorization from the highest level of the chain of command? Yes, ma'am.
And finally, Major, at the time you made the decision to use your helicopter's to take out Barclay Cale, was there any doubt in your mind that you were indeed hovering over US territory? No, ma'am.
I knew exactly where I was.
I have nothing further, Your Honor.
Major Tunney, you insisted on taking the stand today in your own defense.
Why? I wanted to make it clear I'm not ashamed of what I've done, any of it.
I gave that manuscript to the PAO as a courtesy.
Does that sound to you like I thought I was doing anything wrong? Did you attempt to seek approval from your immediate chain of command before taking action in this incident? Yes, sir.
Did you ever receive direct instructions from Sheriff Driskell to leave the scene and stay out of the matter? No, Commander.
So, acting upon what you could see on the ground, you decided to take action in this incident, knowing full well what the consequences might be? Yes, sir.
Have you ever done anything like this before, Major? Yes, sir.
In Desert Storm, I was the first on the scene of a downed F-14.
Now, the Super Cobra only had seats for the two pilots, but I could see the Iraqis approaching.
So, I loaded the injured pilot into my seat, and I rode back to base on the starboard skid while my copilot manned the controls.
Could you have received command approval for an action like this? No, sir.
But when I got back to base and saved that pilot's life, the only thing my Commanders talked about was what awards I should be recommended for.
Do you believe you should be awarded a medal for shooting Barclay Cale, Major? I didn't shoot that man to win an award, sir.
Or to have something to write about.
I shot him because I believed it was the only way I could prevent him from killing people.
Thank you, Major.
Nothing further.
I guess I owe you an apology, Dad.
I, uh, I didn't mean for the questioning to get so personal in there.
Religion is personal, Sturgis.
You can't discuss it dispassionately.
All you've been through, and you still trust in people.
You still believe Commander Bentley is sincere, Hmm? People have a way of letting you down.
Is this about a woman, Sturgis? That, uh, Congresswoman Latham, maybe? She loved politics more than she loved me.
That is ancient history.
It's in my nature to try to do my best, but my friends, my coworkers, it Try this one, Dad.
Your son, the son of a man who joined the Navy back when we were called colored, and Negroes A man who tolerated all that bigotry because he wanted to serve his country That man's son is facing a complaint of racial bias.
Are you embarrassed by your favorite son yet, Dad? I was accused of being racist against Koreans.
Is it the truth? I don't know.
Then it's not about your coworkers.
It's about you.
I am so far away from what I wanted to be in my life, I don't recognize myself, Dad.
We're all sinners, son all imperfect.
You got to accept that and let it pass.
You got to learn how to bend before you don't break.
MACKENZIE: The term posse comitatus means "force of the county," and for 125 years, we have kept the military out of local law enforcement.
There are no soldiers or tanks patrolling our streets, no troops enforcing laws at the whims of their commanders.
And that's what separates us from the banana republics of the world, Your Honor.
The law is subject to numerous exceptions, is it not, Colonel? Only in very narrow instances, Your Honor.
In this case, there were no standing orders expressly forbidding Major Tunney from doing what he did.
But Major Tunney is presumed to know the law, and that law makes it illegal for a Marine major with an attack helicopter to become a vigilante.
Objection.
Pejorative.
Sustained.
Is there any proof Major Tunney acted out of any motive other than to save lives, including his own and that of his copilot? No such proof, Your Honor.
Only a strong suspicion that the Major wanted to add a chapter to his memoirs.
After 9/11, state governors had to call the National Guard in to patrol airports because to give that job to regular Army troops would have been illegal.
The law is worse than obsolete, Your Honor.
It's a danger to national security.
Objection.
We can't ignore laws simply because they're old.
The Colonel is right.
Commander, you're making a good argument for repealing the law, but until I'm elected to Congress, what am I to do? Narrowly construe the statute, Your Honor.
Rule that merely returning fire does not violate the law.
( sighing ) We are in recess until tomorrow at zero-nine hundred.
Commander Bentley, the skeptic inside of me says that you wish to avoid being sent to Iraq.
The problem is, I'm not sure that I'm right, and I sure can't prove that you're wrong.
So, I am going to recommend to the convening authority that your request for conscientious objector status and separation from the Naval Reserves be approved.
God bless you, Lieutenant.
On a related matter, Commander, if I understand correctly, you wish to be removed from any connection to the military, no matter how indirect.
That's correct, Lieutenant.
In that case, I am separately recommending that you, as a provider, be removed from the military health plan.
Removed? As soon as possible, you should inform your military patients that their insurance will no longer cover your services.
But I will lose my entire practice.
Commander, he can't do this, can he? I'll certainly appeal on your behalf, Doctor, but I think the Lieutenant's recommendation will be favorably received.
But It seems quite consistent with your beliefs, Dr.
Bentley.
Roberts: Commander, you asked for separation.
So, if you would, sir, please separate yourself.
That will be all.
Lieutenant I will go bankrupt.
Sometimes faith carries a heavy price.
I have to admit that for a while there I thought he might be for real.
Never put your faith in people, Lieutenant.
You will always be disappointed.
It is becoming increasingly difficult to distinguish between an act of terrorism worthy of a military response, and a criminal act better suited for police jurisdiction.
And while I have reservations about Major Tunney's behavior, I also remember our government's first response to the attack on the World Trade Center was to scramble F-16s over the East Coast.
What Major Tunney did cannot be considered a national security defense countermeasure, but I do believe he acted in good faith to preserve the lives of US citizens he saw taking fire.
I do not find that reasonable grounds exist to charge Major Tunney with an Article 92 violation.
Therefore I recommend that no disciplinary action be taken.
This hearing is concluded.
( bangs gavel ) Congratulations, Major.
Thanks, Commander.
Major, you, uh, certainly dodged a bullet today.
Yes, sir.
Unfortunately, the wing commander doesn't listen to Navy JAG lawyers.
You're being transferred TAD out of the squadron, pending a FENAB to evaluate your flying status.
I guess he figures public perception of the Corps is more important than one man's career.
Sir It's, uh It's already done, Major.
Come see me in my office to receive your orders.
So, was it worth it, Major? Yes, ma'am.
I'd do it again.