JAG s10e02 Episode Script
Corporate Raiders
Sounds like our Kurdish boy's breaking a few Islamic laws, Lieutenant.
Dude sneaks out at night with only four bodyguards.
Hope the wild burkha sex is worth it.
Well, I hate to break it to you, Gunny, but Kurdish women don't wear burkhas.
Can't believe we're holed up in this meat locker, chaperoning this bozo.
Bad guys, Lieutenant? Gate-crashers, Lieutenant.
Get on the horn! Tell 'em we need air support and a medevac! Sheehy! Sheehy! No! Base, this is Winchester-Six! Request air support and emergency medevac! Sector Alpha-Two, over! Damn it! Cease fire! Friendlies! Hold it! Friendlies! They must've recognized our muzzle flashes.
If they're friendlies, Lieutenant, who the hell are they? You took the stairs? Yeah.
Exercise is good for the spirit.
How's your head after taking that nasty hoof from Tanveer to the temple? Nothing a little ice pack and a few ibuprofen can't fix.
What about your heart? That's off-limits.
Hey, I was thinking that, uh, maybe we should keep last week's excitement to ourselves, you know? At least away from Turner.
Well, not reporting to our new and thankfully temporary boss is definitely an idea I can get behind.
You heard from Mattie? Well, she, uh, spent an extra week in Blacksburg with her dad, but she's coming back tomorrow night.
You must be excited.
Oh, I'm picking her up at the bus at 6:00.
We're going to go home, have a little dinner, spend a quiet evening.
You're cooking.
It's been known to happen.
It's good for the spirit.
You ought to try it sometime.
Good to see you two in the office, bright-eyed.
Sorry to disappoint you, Sturgis.
Not at all.
I heard, uh, Krennick is no longer in the picture for the new JAG position.
Harm's very disappointed.
Well, until a decision's made, we're all in "wait and see" mode.
We'll all just have to keep this ship afloat, huh? And here I thought you bubbleheads liked to lie on the bottom.
I need you two in my office ASAP.
Marines providing security for a Kurdish leader were caught in a firefight.
One Marine was killed.
Who was the firefight with? Looks like possible friendly fire from our new comrades, the Iraqi Civil Defense Corps.
The Kurdish leader, Mr.
Aziz, also had bodyguards.
They might've set it off.
What were the Iraqis doing there? They're pursuing a terrorist insurgent.
Seems they had bad intel and mistook the Kurdish leader for their target.
Why do I get the feeling there's more to the story? The Iraqis were being advised at the time by private military contractors.
The lead advisor is a retired Marine, Sergeant Major Thomas Elgart.
His team and the Marines have been recalled.
Given the sensitivities, delicacy will be required.
What was your mission, Gunny? We were tasked with providing shadow security for Mohammed Aziz.
He's a big Kurdish mucky-muck, sir.
A mucky-muck with bodyguards who weren't up for the job? Sir, those guys couldn't provide security at a Celine Dion concert.
Why do you say that? There've been a bunch of attempts on Aziz.
He's been ambushed by Fedayeen, bombed by Baathists.
Last week, a bullet came within an inch of his head.
You see, the Kurds are pushing for autonomy in the new government.
Aziz figures to be running their new oil industry if that happens, and that puts a target on his back.
And your fire team in harm's way, protecting him.
If we had been out in front, sir instead of covering him the Iraqis would've seen us and none of this would've happened.
Why wasn't your fire team out front, providing primary security? That's just how it is, Colonel.
We want to support the Iraqis, provide security, but not look like an occupation force.
Who engaged whom, Lieutenant? My men are disciplined, ma'am.
They know to hold their fire until my command.
So, you believe the Iraqis fired first? They, or their advisors, Colonel.
Did you know there was an Iraqi Civil Defense unit in the area? No, ma'am.
We'd had radio troubles.
I never received word from headquarters.
If I had Maybe the corporal would be alive? He left a widow.
Barely married a year.
He invited me to the wedding, and I promised his wife that I would bring him home safe.
Don't be so hard on yourself, Lieutenant.
Hard not to be, Colonel.
Still the cardinal rule of combat, ma'am: know who you're firing at before you open fire.
My men did their job.
As for the Iraqis You ask me those advisors- they weren't advising too well.
You know that for a fact? No, ma'am, but those "rent-a-grunts"- they they don't hold themselves to the same standards that we do.
Fire, cease fire.
Clear and lock all weapons.
Once you have a complete safe weapon, you may leave the firing line.
Surprised the Marines let you in here dressed like that, Sergeant Major.
All due respect, Commander, I'm surprised they let a Navy officer in here.
I'm investigating the incident in Kirkuk.
You were there, advising the Iraqis? That's affirmative, sir.
Care to define "advising" for me? I work for Battlefield Solutions.
My team provides training in weapons, electronics, leadership skills in the field.
So you were providing lessons in the field? Sir, in Iraq, leading and advising are often one in the same.
Did you inform Marine headquarters of your movements? I did.
Well, how'd the firefight start? Well, it was dark.
Pipeline attacks in the area filled the battlefield with smoke, made it tough to see, but all I know is those Iraqi boys I was advising did not engage until engaged.
So you're saying the Marines fired first? Maybe.
Maybe one of Aziz's bodyguards got jumpy.
Somebody did.
You know, I'm not sensing a lot of remorse in your voice.
Well, sir, there's a difference between remorse and regret.
I've been war-fighting a long time.
I am sorry about what happened to that boy, but in combat, people die.
In the fog of war, errors occur on all sides.
Be careful how loudly you blame the Marines.
There's a lot of loaded weapons around here.
Just telling the truth, sir.
Look, I may be a paid gun, but my allegiance is to my country.
My roots are in the Corps- Now, the facts are in the after-action report I filed with my employer.
I suggest you read it.
We interviewed the Marines.
They all said they didn't fire until fired upon.
The same goes with the retired Sergeant Major and his team of advisors.
They all filed independent after - action reports claiming they followed the rules of engagement to a "T".
Huh.
Sounds like a friendly fire incident, plain and simple.
Those are the after-action reports? What are the blacked-out sections? CIA controls all information regarding private contractors in Iraq.
Something bothering you, Colonel? Lieutenant DiTullio.
He seemed to have a problem with the role of the advisors in all this.
Well, I don't doubt it, considering one of his men was killed, but, uh, from what you've told me, I see no culpability.
Agreed? Something bothering you, Mac? No.
Nothing.
I'd like your reports on my desk by end of business, tomorrow.
Good to be the king, huh? Excuse me, Colonel MacKenzie? Yeah.
This is Mrs.
Sheehy.
Ann.
Corporal Sheehy's widow.
Thank you, Petty Officer.
I'm so sorry for your loss.
I understand that you're conducting this investigation, and I was hoping that I could ask you some questions.
All I can say is that for now, it looks like what happened was a regrettable mistake.
This in no way diminishes your husband's sacrifice or my sorrow for your loss.
I don't want your sympathy, Colonel.
I want justice.
I understand No, I don't think you do.
You're wrong if you think what happened to my husband over there was a mistake.
My husband was murdered, Colonel, at the hands of some very trigger-happy mercenaries- soldiers-of-fortune.
You don't believe me? I have proof.
It's all in here.
Since Commander Rabb is also investigating, I've asked him to join us.
My condolences, Mrs.
Sheehy.
I, uh I've spoken with members of the Corporal's unit.
They they describe him as a good man and a fine Marine.
He's a good husband, too.
When Paul went to Iraq, he promised to e-mail me as much as he could.
They're how I know his death was no accident.
Colonel MacKenzie said that, uh, he described many incidents involving private military contractors.
That's right.
See, I told Paul that I didn't want him sugar-coating for my benefit.
I wanted to know what was happening over there.
So, he told me.
I mean, it's all It's all here.
"4 May.
"It's another crazy morning, honey.
"Our mercenary friends are at it again.
"They sped into the village that we were patrolling.
"They needed fuel for their SUVs, "so they hijacked a gas station.
"They almost caused a riot.
"We held back the mob, "lots of locals with serious fire power.
"The Lieutenant told the cowboys just to gas up and go.
I thought for sure we'd get shot at.
" "12 May.
"Caught one of the rent-a-grunts pistol-whipping an Iraqi.
"I ordered him to stop.
"He aimed his weapon at me.
"I raised mine.
"Finally, he backed down.
"These guys have no respect for military rules.
They're dangerous.
" Now they're guilty of murdering my husband.
Ma'am, we appreciate you coming forward with this information.
Um But Previous conduct by unnamed military contractors does not qualify as evidence.
Yes, but Paul named Battlefield Solutions by name, Commander.
The man who pointed the gun at him was retired Sergeant Major Tom Elgart.
We understand your anger, Mrs.
Sheehy, but military rules of evidence severely limit admissibility of prior acts.
What, so you won't do anything? But I I have these letters.
I'm sorry.
I don't know what the law says.
But what does it say about us when we are willing to send our men and women over there to defend us, but we're not willing to defend them when they're threatened by some gun-toting cowboys hired by our own government? How can you let that stand? She got to you, didn't she? This isn't about me, Harm.
This investigation isn't over.
Look, listen to this e-mail.
"28 May.
Last night we stumbled on an Iraqi C-D-C unit "hunting Fedayeen, almost engaged them.
"The Lieutenant got into it with the lead advisor, "the same former Marine I had my showdown with.
I swear, sooner or later, one of us is gonna get killed.
" We're still talking past acts, Mac.
It's a carbon-copy incident, Harm, one week before Corporal Sheehy died.
Now, that says pattern of behavior.
Now, they're a bunch of hired guns putting innocent civilians and our own military people's lives at risk.
Private contractors are out of our jurisdiction.
The facts aren't.
All I'm suggesting is a visit to Elgart's bosses to sort this out.
Thank you for seeing us, Commander Merrick.
The Colonel and I were quite surprised to find your name listed as CEO of the company.
Well, it still surprises me.
By the way, please lose the "Commander.
" I hung up my uniform some time ago.
Three-and-a-half years, as I recall.
Your court-martial for the collision with the destroyer is a case we wish we'd won.
Well, you did keep me out of Leavenworth, thank goodness.
And I haven't done half bad since I've left the Navy.
No, 150 million in revenues last year is not too bad.
War looks pretty clean around here.
Oh, no, sir.
There's nothing clean about the war.
You know that, Commander.
Your company's been involved in Iraq from the beginning of hostilities, correct? Well, in the first few months, we concentrated on logistics- laundry, meal service, vehicle maintenance.
Those things the military contracts out? Well, since the post-Cold War cutbacks, small private firms like this have become a necessity in war.
There are thousands of contractors in Iraq right now.
They're not just washing clothes and serving MREs, either.
No.
Uh, more recently, we've been involved in intelligence gathering and training.
They're ready for you, Mr.
Merrick.
Let them know I'll be right there.
All right.
Thank you.
What is your opinion of Tom Elgart? Well, I hire the best.
They're all former military.
Pros, and for that, I pay them very well.
plus benefits.
I give them stock options, 401Ks.
Well, beats base pay for senior enlisted, doesn't it? And the military spit-shine so many of these guys grow tired of.
Well, one man's spit-shine is another man's good order and discipline.
I know plenty about good order and discipline, Colonel.
I know.
We watched you fall on your sword once to protect your subordinates.
You sacrificed your career.
Well, I have another career now.
Um, I know why you two are here.
I received a letter this morning from Corporal Sheehy's widow.
You deny the charges? No.
Nor will I confirm them.
If my men have been crossing the line in Iraq, I will get to the bottom of it.
Well, where do you draw your line? My people aren't directly subject to the UCMJ, but they are accountable.
They adhere to strict rules of conduct set forth in our company's contractual agreement with the Pentagon.
I'd like to see that agreement.
Okay.
I'll make sure you get a copy of it.
Trust me, if there's been wrongdoing, Tom Elgart's gonna wish he had the UCMJ on his side.
Whoa! Easy on the peanut oil! Sorry, sir.
I had no idea a nut product could be so combustible.
It's under control, though.
Hey.
Hi, Mattie.
You take an earlier bus? I caught a ride.
Evening, Commander.
Hey, Tom.
I've got a couple days business up here in town, so thought I'd drive Mattie myself.
Oh, good.
Join us for dinner.
You're cooking? We wanted to surprise you with a welcome home dinner.
Oh, sorry.
I didn't mean to impose.
You're not imposing.
That's okay.
We've already had a nice long visit.
Dumping me on the doorstep? Hardly.
I just think that the sooner you settle back in with the Commander and Jennifer, the better, that's all.
I can't see how a little dinner is gonna stand in the way of that.
I could use some help.
Come on, Dad.
You need to eat.
Come on.
Come on.
Okay.
I hate to do this to you, sir, but I have finished the requisition reports, and I need your signature.
Did the Admiral ever complain of carpal-tunnel syndrome? SEALs don't complain, sir.
Any new word on the next JAG, sir? Rumor mill's still turning.
Well, I better get out of here.
Harriet wants me to pick up some, uh, goulash and a jar of gherkins.
She having cravings? Actually, they're for me, sir.
Good night, Commander.
Good night, sir.
Bud? Do you have a problem with my management style? No, sir.
I think that your style is, uh, very straightforward, sir.
You being diplomatic, Mr.
Roberts? I don't know how to answer that, sir.
I seem to have run afoul of my old colleagues here at JAG.
Well sometimes there's not a lot of room at the top for friendship, Commander.
That was quite a dinner, thanks.
No, thank you.
I was headed for disaster.
Hmm.
When I was a kid, almost every Saturday, Dad would cook.
Tom, you said you were in town for business? Yup, got appointments at a few banks.
Trying to secure a loan to start up Grace Aviation again.
We went out to the airfield.
Hangar's under new ownership.
We talked to the manager.
He said he'd cut us a deal, rent it to us at the old rate.
Grace Aviation will be flying again.
Wow, you two have been busy, huh? Mattie's been a big help.
So that explains the extra week in Blacksburg.
And here I thought you were delayed because of a boy.
That, too.
Well, don't worry.
Mattie knows it's time to get back to the books.
Boys and airplanes are just going to have to wait.
There's always e-mail.
I appreciate your help, Colonel.
Not a problem.
About the other day I'm sorry if I was out of line.
No, you weren't.
What you said was true.
It's up to us to make sure your husband didn't die in vain.
Thank you.
What's going on, Mac? Just giving some legal advice.
She's considering a civil suit against Battlefield Solutions.
Is that her idea or yours? I read over Battlefield Solution's Pentagon contract, Harm.
The past few months, Tom Elgart has violated at least a half a dozen rules of conduct.
All that matters is what happened four days ago in Kirkuk.
I know, but that's the damning part.
Tom Elgart sent a message to Marine headquarters in Kirkuk detailing the Iraqi troops' movements.
Yeah, it was in his after-action report.
Yeah, one detail he left out.
He never waited for confirmation that headquarters had notified Marine units in the field, a violation of his company's policy.
What else? Well, Marine eyewitnesses reported that Elgart was carrying a weapon.
Another violation.
Mac, I'm not trying to stick up for the guy.
However, he was operating in a war zone.
Negligently.
What happened was tragic.
However, Elgart is out of our jurisdiction.
He's Battlefield Solution's problem now.
Retired Commander Merrick was a hell of a skipper when he was in the Navy.
He's an honorable man.
We can trust him to investigate his own people.
Fine and then what? A Marine dies, and Tom Elgart gets fired? That's it? What are you suggesting? We have a SECNAV authorize prosecuting a retired Marine? Were you two planning to tell me you were still pursuing the friendly fire incident in Kirkuk? We just assumed you would endorse our continued due diligence.
I am not laughing, Harm! I just got a call from SECNAV, asking why we're investigating one of the Pentagon's private military contractors in Iraq.
I did not have an answer! Sturgis, I think we have a case.
I'm not so sure we do.
I agree with Harm for a change, but SECNAV doesn't.
Headquarters Marine Corps forwarded Ann Sheehy's allegations to his office, along with preferred charges.
He's directed that retired Sergeant Major Elgart report and appear at court-martial.
Don't look at me.
It seems retired Commander Merrick was sufficiently distressed by the behavior of his employee that he made the call himself.
Colonel, you'll prosecute.
Commander, you'll defend.
Oh, I'm not so sure the Retired Marine Sergeant Major is going to appreciate that decision.
He's the one who requested you.
I suggest you get your client a haircut and a shave and tell him to get his uniform pressed.
Proceedings begin Monday, 0900.
I'm surprised you requested me as defense counsel, Sergeant Major Facing negligent homicide, I'd rather have you in my corner than some legal weenie devil-I-don't-know.
I'll take that as a compliment.
You can take this as a warning, Sergeant Major.
Flash that attitude on the stand and we're done.
I know only one way, sir- truth.
Yeah, you said that last time.
Before you neglected some, uh, important facts.
You're referring to Mrs.
Sheehy's allegations.
Among other things.
You try being a hired gun in Iraq, sir.
The enemy doesn't play by the rules, so we have to bend them.
By driving recklessly through villages, armed takeovers of gas stations, pistol-whipping civilians? I remind you what happened to four contractors in Falluja this past spring: murdered, mutilated, burned and hung from a bridge, not to mention more recent atrocities.
We drive fast because if we don't, we're dead.
We crash gas stations 'cause if we run dry, we're dead.
We wait in line we're dead.
And the beating of civilians? That was a situation where I was extracting information.
The beating of this civilian- did it have anything to do with the terrorists you were pursuing the night of the incident? Look, Sergeant Major, you want me to represent you, you're going to have to come clean.
What happened to those guys in Falluja, that happened to one of my men.
It just didn't make the papers.
It's one of the selling points of us hired guns- we slip into body bags real easy.
What happened? Insurgents caught my number two guy alone at a checkpoint.
By the time we found him, there wasn't much left to put in a body bag.
The terrorist you were pursuing- this was the insurgents' leader.
Yeah, I know.
It sounds like a great motive for some trigger-happy mercenary to go blasting into a city street and end up killing a young Marine, right? Well, that's definitely what the government's going to try to prove.
Sir, I spent 22 years in the Marine Corps.
I'm a pro.
I never fired on anybody that didn't fire at me first sir.
Lieutenant, your fire team was providing perimeter security for Kurdish leader Mohammed Aziz on the night in question.
Tell us what happened.
We were hunkered down, shadowing Aziz's bodyguards.
Next thing, it's a firefight.
My gunny was hit my corporal killed.
Who fired first, Lieutenant? The muzzle flashes I saw came from the archway, Colonel.
Where the accused and his Iraqi Civil Defense Corps trainees were positioned.
Did you have any idea they were there? We'd received no word of Iraqi troop movement in the area, ma'am.
Thank you, Lieutenant.
Lieutenant, you've stated in your debriefing that you had trouble with your field radio.
Is it possible that headquarters tried to get ahold of you and just couldn't? Yes, but the onus is still on the Iraqis and their advisors to make their presence known, sir.
Aziz's bodyguards had AK-47s.
They were between you and the Iraqis.
Given the conditions, Lieutenant, is it possible the flashes you saw came from Aziz's men and not from the Iraqis? It's possible.
Thank you.
Hope I'm not interrupting.
No.
Come on in.
What can I do for you, Tom? Well, it's about those banks I'm trying to squeeze money from.
Have a seat.
Having a little trouble, huh? Well, let's just say I haven't met any Jimmy Stewarts who are interested in my wonderful life.
You need legal help? No, no, that's not it.
Actually, I just wanted to ask you for a reference.
Of course.
Be glad to.
Thanks.
How's Mattie? She's good.
She's glued to the laptop.
Instant-messaging, as far as I can tell.
KEV-REV 150.
That's Kevin Reilly.
He's a boy back home.
He's a nice kid, nothing to worry about.
Well Well, uh, I'll let you get back.
Good luck.
Listen, I don't know how to say this quite, but I owe you a lot.
Aw No, not just about this reference.
I mean about Mattie.
I wanted my little girl back for so long, and Well, now it actually seems like maybe it's happening.
You're the one doing the hard work, Tom.
Getting your life back.
Thank you.
Former Gunnery Sergeant McDaniel, in what capacity are you and the accused employed by Battlefield Solutions? We're advisors to the Iraqi Civil Defense forces, Colonel.
You were present on the night of the incident, isn't that true? I was on the advisor-team, yes.
Battlefield Solutions' contract sets policy for advisors in the field.
Now, these advisors aren't supposed to issue combat orders as Sergeant Major Elgart did, are they? That's what it says, Colonel.
As noncombatants, they're also not supposed to carry weapons, though Sergeant Major Elgart was armed that night, wasn't he? We're on the front lines, Colonel.
We'd be fools not to be carrying.
I'll take that as a "yes.
" Policy also dictates that advisors inform U.
S.
forces of their movements in a combat zone.
Which we did.
You didn't wait for confirmation.
We waited for six hours.
But, no, we didn't get confirmation.
According to policy, your teams usually consist of four men Objection.
Relevance.
I'm getting there, Your Honor.
I'll go along for now.
Proceed.
There were only three of you out there that night.
You recently lost the number two man on your team in an ambush by insurgents, isn't that right? Alan Ridley was attacked, yes.
By the terrorist leader you were pursuing on the night in question? Affirmative, Colonel.
His body was mutilated, dragged through the streets.
You got the facts right, ma'am.
How did you and Sergeant Major Elgart feel about what happened? How do you think we felt?! We were angered and outraged.
Like any American would be.
Enough to rush into a blind attack, guns blazing in revenge? Your Honor! Withdrawn.
No further questions.
I'd like to answer that if I may.
Go ahead.
The Colonel wants people to think that Tom Elgart's the kind of man that would let revenge rule his reason.
We served together for 20 years.
Never once did he exceed an order, nor risk lives needlessly.
We're not vigilantes, we're Marines.
Only difference now is the clothes on our back.
Thank you, Mr.
McDaniel.
"History of Female Aviators.
" I was going to buy that book for you.
Oh, yeah.
It's okay.
Dad went ahead and got it for me.
Oh.
"KEV-REV 150," huh? Uh yeah.
It's Kevin, a boy I like.
Yeah, I know.
Your dad told me about him.
Great.
Now I have two fathers with loaded shotguns.
Actually, mine's a nine-millimeter Navy issue.
It's more accurate.
I'm having privacy issues here.
Sorry.
So, this, uh, Kevin is it serious? After all, you are only 15.
And? Do you know much about, uh What, sex? Between MTV and the popular girls at school, I've heard the basics.
Well, that's a little worrisome.
Actually, it's a pretty serious topic, Mattie.
It's something that you definitely need to talk to your dad about.
He's the guy to go to on this one.
Okay.
Good.
Okay.
Mrs.
Sheehy, one final incident I'd like to discuss.
On 28 May, one week before your husband was killed, he related to you a previous encounter with the accused in the village of Khasa, outside Kirkuk, is that right? Yes.
Paul's fire team was again providing security for the Kurdish leader, Aziz, when they crossed paths with the Sergeant Major and his advisors.
Oh.
What were the Sergeant Major and his team doing there? They were pursuing terrorist insurgents.
Paul said they had bad intel.
Were the Marines aware that the Iraqis and their advisors were there? No.
But Paul said it wasn't the first time Sergeant Major Elgart and his team were freelancing.
Did your husband say what happened? The two sides nearly engaged.
What else did he say? Paul said it was a matter of time before someone got killed.
Thank you, Mrs.
Sheehy.
What was that about, Sergeant Major? Well, Battlefield Solutions' corporate counsel thinks we're losing, sir.
We'll have our day- tomorrow.
Yeah, he also said that while he represents the company, he's concerned one of its employees isn't getting the best possible representation.
Well, is that how you feel? Frankly, sir, I don't know how I feel.
I do think it is maybe time to consider a tactical retreat, sir.
The company lawyer offered a a plea deal.
I told him it's okay to talk to Colonel MacKenzie about it.
You're making a mistake.
Well, it wouldn't be the first time, sir.
So, what kind of deal are they offering you? Battlefield's Corporate Counsel said if I plead guilty to the charges, the government will limit my confinement to two years, sir.
A few days ago you sat in this room, and you told me you wanted to fight.
I'm choosing my battles.
How much money they offering you? I have a family to feed, Commander.
Merrick said the company would pay me $2 million if I pled out.
$2 million for two years in the brig.
You know, I believed you when you told me you weren't guilty.
You want to look me in the eye now and tell me that's changed? That's not the point, Commander.
When I joined the Marine Corps, I took an oath.
Those stories Ann Sheehy recounted on the stand Maybe I have lost my way, Commander.
Well, you think you're gonna find it in Leavenworth? They call me soldier-of-fortune.
I figure I may as well start living down to their expectations.
You're not a mercenary, Sergeant Major.
You take that $2 million, you will be.
I know your team was in-country a long time.
I mean, the constant threat, the isolation, people get jumpy, they make bad calls.
Is that what's eating at you? Well, we were over there longer than we should've been, but three months is standard.
My men and I were in Iraq for almost a year.
Three months? Is that company policy? What are you thinking, Commander? I'm thinking $2 million is a hell of a severance package.
Commander Rabb, you may call your first witness.
I have only one witness, Your Honor.
The defense calls Battlefield Solutions CEO James Merrick to the stand.
Mr.
Merrick, as head of Battlefield Solutions, do you feel you're responsible for the actions of your employees in the field? I am responsible for setting the policies by which they are to conduct themselves, Commander.
Is it your opinion that the accused failed to adhere to these policies, sir? Regretfully, it is.
Is that why you contacted Headquarters Marine Corps and requested this court-martial, sir? I contacted General Hale in the interest of serving justice.
Not to mention your own interests, by heading off a civil suit by Corporal Sheehy's widow.
Objection.
Sustained.
Careful, Commander.
Yes, sir.
Well, Mr.
Merrick, was it in the interests of justice when you offered my client $2 million to cop an early plea? Objection.
Counsel is putting words in the witness's mouth.
I agree.
However, I would like to hear his answer.
I think that Mr.
Elgart would acknowledge his own guilt.
He did act negligently when he instigated a firefight with U.
S.
Marines.
I have a copy of your company's policies on deployment, Mr.
Merrick, which states that advisors are to be rotated every three months "to avoid the potential for lethal mistakes in the field due to combat fatigue.
" Are you familiar with this policy, sir? I am.
I wrote it.
Were you not aware that the sergeant major and his team had been in-country, in combat, for just short of a year, well over the three-month period? If I erred in judgment, I accept that.
It doesn't alter my opinion that the accused is guilty, nor that the swift application of justice is desired by all of us.
For all or for you, Mr.
Merrick? You've done everything you can to quash any real inquiry into this incident from the beginning.
Objection, Your Honor.
Where is counsel going with this? I'd like to know.
Proceed, Commander.
Thank you, sir.
I obtained from the CIA unredacted action reports, detailing operations by your employees in the field in which I found unsettling patterns, sir.
Now, we know about the near-firefight between the sergeant major and his team when they previously crossed paths with the Marines.
We know about the incident in which Corporal Sheehy was killed.
But I found other instances with other teams in which Mohammed Aziz, due to bad intel, was mistakenly targeted.
Care to comment on that, Mr.
Merrick? It's a war zone, Commander; nothing is clear-cut.
No, not like in business, where clarity is everything.
Battlefield Solutions in the past year recently merged into a conglomerate, with Henson-LeRoux in which you received of the parent company in a stock swap.
Isn't that correct, Mr.
Merrick? It's a matter of public record.
Henson-LeRoux has oil interests in Iraq, particularly the Kurdish region.
Isn't that correct? Or would you rather have your lawyer do the talking? I'm sure you know the answer, Commander.
That oil deal would be threatened if Mohammed Aziz were to assume control of the oil ministry in an autonomous Kurdish region.
Mr.
Aziz has been less than friendly toward Henson-LeRoux in public statements made.
Isn't that correct, sir? He's also not been a friend to the United States.
This man is a warlord and a murderer.
Controlling Kurdish oil would be good for all of us.
I checked into the source of the bad intel.
It came from an informant in Kirkuk, a contract employee of Battlefield Solutions.
Which made me wonder whether the bad intel was coming from Iraq or from your boardroom.
Army CID is curious, too.
They're presently questioning the informant.
They want to know why, on five separate occasions, Mr.
Merrick, Mohammed Aziz was targeted by different teams to be taken out by mistake, by men you placed in the field, in combat, fatigued, on a hair trigger.
You want to save them some time, sir? Maybe you should let your lawyer do the talking from here on out.
I have no further questions, Your Honor.
The accused and counsel will rise.
The senior member will announce the findings, please.
On the charge and specification of negligent homicide, Sergeant Major Thomas Elgart, United States Marine Corps, Retired, this court-martial finds you not guilty.
On the charge and specification of dereliction of duty, we find you not guilty.
Thank you, Captain.
This court is adjourned.
Thank you, Commander.
Congratulations.
Thank you.
Congratulations- you can hang up that uniform again, Mr.
Elgart.
Not sure I'm ready to hang it up just yet, ma'am.
Sir, ma'am, if you'll excuse me? I wish you'd shown me the courtesy of having a conversation before ambushing me on the witness stand, Commander.
Courtesy had nothing to do with it, Mr.
Merrick.
Sergeant Major Elgart made a poor command decision.
And you didn't? I did what was best for my company and my country.
And for yourself.
What happened to you, Merrick? What happened to honor and decency? I joined the real world, Colonel.
Perhaps that's something you wouldn't understand.
I took a stab at the real world- a private law firm; it didn't change me.
Obviously.
You returned to the service.
See, that's the difference between you and me.
I didn't have a Navy to return to.
It can be arranged.
We recalled Sergeant Major Elgart.
We could extend you the same courtesy, Mr.
Merrick.
We kept you out of Leavenworth once.
Might be different next time.
Talk to my lawyer.
Well, we'll have to get in line.
I have a feeling by morning you'll have a civil suit on your desk asking for a little more than $2 million.
Hard to believe a man can do a 180 like that, Harm.
It happens.
There's no way I can adequately apologize to you, ma'am.
What I can say is in my one brief encounter with your husband, he demonstrated a strength and a courage of conviction that I hope to one day again find in myself.
Well, maybe you've started, Sergeant Major.
Hey! Hey! You and the commander ready? I'm gonna have to take a rain check, Tom.
I'm, uh, kind of buried.
Unfortunately, my new boss is getting even for me sneaking around behind his back.
Oh, I'm sorry to hear that.
Another night.
Good.
We won't be late.
Okay.
Forgot my sweater.
You really should join us.
I'm kind of busy.
You know, I've stopped worrying about you trying to send me away.
Good.
You need to stop worrying that you don't count anymore.
Mattie, I just think it'd be good for you to spend some more time with your dad.
It's pretty obvious that you're worried.
The look on your face when I told you he bought me that book, the lack of annoying personal questions, ditching dinner tonight.
I've got a lot of work to do, uh You know, I wouldn't have known about that female aviators book, if it weren't for you, Harm.
I know.
And the annoying personal questions I need them.
I need you.
I appreciate everything you've done for my dad and me, getting us back together, but you're not getting rid of me.
Good.
Last chance? Have fun.
Thanks.
I'll see you later.
Okay.
Hey! Your sweater! Reduce altitude.
Gedownload van Bierdopje.
com
Dude sneaks out at night with only four bodyguards.
Hope the wild burkha sex is worth it.
Well, I hate to break it to you, Gunny, but Kurdish women don't wear burkhas.
Can't believe we're holed up in this meat locker, chaperoning this bozo.
Bad guys, Lieutenant? Gate-crashers, Lieutenant.
Get on the horn! Tell 'em we need air support and a medevac! Sheehy! Sheehy! No! Base, this is Winchester-Six! Request air support and emergency medevac! Sector Alpha-Two, over! Damn it! Cease fire! Friendlies! Hold it! Friendlies! They must've recognized our muzzle flashes.
If they're friendlies, Lieutenant, who the hell are they? You took the stairs? Yeah.
Exercise is good for the spirit.
How's your head after taking that nasty hoof from Tanveer to the temple? Nothing a little ice pack and a few ibuprofen can't fix.
What about your heart? That's off-limits.
Hey, I was thinking that, uh, maybe we should keep last week's excitement to ourselves, you know? At least away from Turner.
Well, not reporting to our new and thankfully temporary boss is definitely an idea I can get behind.
You heard from Mattie? Well, she, uh, spent an extra week in Blacksburg with her dad, but she's coming back tomorrow night.
You must be excited.
Oh, I'm picking her up at the bus at 6:00.
We're going to go home, have a little dinner, spend a quiet evening.
You're cooking.
It's been known to happen.
It's good for the spirit.
You ought to try it sometime.
Good to see you two in the office, bright-eyed.
Sorry to disappoint you, Sturgis.
Not at all.
I heard, uh, Krennick is no longer in the picture for the new JAG position.
Harm's very disappointed.
Well, until a decision's made, we're all in "wait and see" mode.
We'll all just have to keep this ship afloat, huh? And here I thought you bubbleheads liked to lie on the bottom.
I need you two in my office ASAP.
Marines providing security for a Kurdish leader were caught in a firefight.
One Marine was killed.
Who was the firefight with? Looks like possible friendly fire from our new comrades, the Iraqi Civil Defense Corps.
The Kurdish leader, Mr.
Aziz, also had bodyguards.
They might've set it off.
What were the Iraqis doing there? They're pursuing a terrorist insurgent.
Seems they had bad intel and mistook the Kurdish leader for their target.
Why do I get the feeling there's more to the story? The Iraqis were being advised at the time by private military contractors.
The lead advisor is a retired Marine, Sergeant Major Thomas Elgart.
His team and the Marines have been recalled.
Given the sensitivities, delicacy will be required.
What was your mission, Gunny? We were tasked with providing shadow security for Mohammed Aziz.
He's a big Kurdish mucky-muck, sir.
A mucky-muck with bodyguards who weren't up for the job? Sir, those guys couldn't provide security at a Celine Dion concert.
Why do you say that? There've been a bunch of attempts on Aziz.
He's been ambushed by Fedayeen, bombed by Baathists.
Last week, a bullet came within an inch of his head.
You see, the Kurds are pushing for autonomy in the new government.
Aziz figures to be running their new oil industry if that happens, and that puts a target on his back.
And your fire team in harm's way, protecting him.
If we had been out in front, sir instead of covering him the Iraqis would've seen us and none of this would've happened.
Why wasn't your fire team out front, providing primary security? That's just how it is, Colonel.
We want to support the Iraqis, provide security, but not look like an occupation force.
Who engaged whom, Lieutenant? My men are disciplined, ma'am.
They know to hold their fire until my command.
So, you believe the Iraqis fired first? They, or their advisors, Colonel.
Did you know there was an Iraqi Civil Defense unit in the area? No, ma'am.
We'd had radio troubles.
I never received word from headquarters.
If I had Maybe the corporal would be alive? He left a widow.
Barely married a year.
He invited me to the wedding, and I promised his wife that I would bring him home safe.
Don't be so hard on yourself, Lieutenant.
Hard not to be, Colonel.
Still the cardinal rule of combat, ma'am: know who you're firing at before you open fire.
My men did their job.
As for the Iraqis You ask me those advisors- they weren't advising too well.
You know that for a fact? No, ma'am, but those "rent-a-grunts"- they they don't hold themselves to the same standards that we do.
Fire, cease fire.
Clear and lock all weapons.
Once you have a complete safe weapon, you may leave the firing line.
Surprised the Marines let you in here dressed like that, Sergeant Major.
All due respect, Commander, I'm surprised they let a Navy officer in here.
I'm investigating the incident in Kirkuk.
You were there, advising the Iraqis? That's affirmative, sir.
Care to define "advising" for me? I work for Battlefield Solutions.
My team provides training in weapons, electronics, leadership skills in the field.
So you were providing lessons in the field? Sir, in Iraq, leading and advising are often one in the same.
Did you inform Marine headquarters of your movements? I did.
Well, how'd the firefight start? Well, it was dark.
Pipeline attacks in the area filled the battlefield with smoke, made it tough to see, but all I know is those Iraqi boys I was advising did not engage until engaged.
So you're saying the Marines fired first? Maybe.
Maybe one of Aziz's bodyguards got jumpy.
Somebody did.
You know, I'm not sensing a lot of remorse in your voice.
Well, sir, there's a difference between remorse and regret.
I've been war-fighting a long time.
I am sorry about what happened to that boy, but in combat, people die.
In the fog of war, errors occur on all sides.
Be careful how loudly you blame the Marines.
There's a lot of loaded weapons around here.
Just telling the truth, sir.
Look, I may be a paid gun, but my allegiance is to my country.
My roots are in the Corps- Now, the facts are in the after-action report I filed with my employer.
I suggest you read it.
We interviewed the Marines.
They all said they didn't fire until fired upon.
The same goes with the retired Sergeant Major and his team of advisors.
They all filed independent after - action reports claiming they followed the rules of engagement to a "T".
Huh.
Sounds like a friendly fire incident, plain and simple.
Those are the after-action reports? What are the blacked-out sections? CIA controls all information regarding private contractors in Iraq.
Something bothering you, Colonel? Lieutenant DiTullio.
He seemed to have a problem with the role of the advisors in all this.
Well, I don't doubt it, considering one of his men was killed, but, uh, from what you've told me, I see no culpability.
Agreed? Something bothering you, Mac? No.
Nothing.
I'd like your reports on my desk by end of business, tomorrow.
Good to be the king, huh? Excuse me, Colonel MacKenzie? Yeah.
This is Mrs.
Sheehy.
Ann.
Corporal Sheehy's widow.
Thank you, Petty Officer.
I'm so sorry for your loss.
I understand that you're conducting this investigation, and I was hoping that I could ask you some questions.
All I can say is that for now, it looks like what happened was a regrettable mistake.
This in no way diminishes your husband's sacrifice or my sorrow for your loss.
I don't want your sympathy, Colonel.
I want justice.
I understand No, I don't think you do.
You're wrong if you think what happened to my husband over there was a mistake.
My husband was murdered, Colonel, at the hands of some very trigger-happy mercenaries- soldiers-of-fortune.
You don't believe me? I have proof.
It's all in here.
Since Commander Rabb is also investigating, I've asked him to join us.
My condolences, Mrs.
Sheehy.
I, uh I've spoken with members of the Corporal's unit.
They they describe him as a good man and a fine Marine.
He's a good husband, too.
When Paul went to Iraq, he promised to e-mail me as much as he could.
They're how I know his death was no accident.
Colonel MacKenzie said that, uh, he described many incidents involving private military contractors.
That's right.
See, I told Paul that I didn't want him sugar-coating for my benefit.
I wanted to know what was happening over there.
So, he told me.
I mean, it's all It's all here.
"4 May.
"It's another crazy morning, honey.
"Our mercenary friends are at it again.
"They sped into the village that we were patrolling.
"They needed fuel for their SUVs, "so they hijacked a gas station.
"They almost caused a riot.
"We held back the mob, "lots of locals with serious fire power.
"The Lieutenant told the cowboys just to gas up and go.
I thought for sure we'd get shot at.
" "12 May.
"Caught one of the rent-a-grunts pistol-whipping an Iraqi.
"I ordered him to stop.
"He aimed his weapon at me.
"I raised mine.
"Finally, he backed down.
"These guys have no respect for military rules.
They're dangerous.
" Now they're guilty of murdering my husband.
Ma'am, we appreciate you coming forward with this information.
Um But Previous conduct by unnamed military contractors does not qualify as evidence.
Yes, but Paul named Battlefield Solutions by name, Commander.
The man who pointed the gun at him was retired Sergeant Major Tom Elgart.
We understand your anger, Mrs.
Sheehy, but military rules of evidence severely limit admissibility of prior acts.
What, so you won't do anything? But I I have these letters.
I'm sorry.
I don't know what the law says.
But what does it say about us when we are willing to send our men and women over there to defend us, but we're not willing to defend them when they're threatened by some gun-toting cowboys hired by our own government? How can you let that stand? She got to you, didn't she? This isn't about me, Harm.
This investigation isn't over.
Look, listen to this e-mail.
"28 May.
Last night we stumbled on an Iraqi C-D-C unit "hunting Fedayeen, almost engaged them.
"The Lieutenant got into it with the lead advisor, "the same former Marine I had my showdown with.
I swear, sooner or later, one of us is gonna get killed.
" We're still talking past acts, Mac.
It's a carbon-copy incident, Harm, one week before Corporal Sheehy died.
Now, that says pattern of behavior.
Now, they're a bunch of hired guns putting innocent civilians and our own military people's lives at risk.
Private contractors are out of our jurisdiction.
The facts aren't.
All I'm suggesting is a visit to Elgart's bosses to sort this out.
Thank you for seeing us, Commander Merrick.
The Colonel and I were quite surprised to find your name listed as CEO of the company.
Well, it still surprises me.
By the way, please lose the "Commander.
" I hung up my uniform some time ago.
Three-and-a-half years, as I recall.
Your court-martial for the collision with the destroyer is a case we wish we'd won.
Well, you did keep me out of Leavenworth, thank goodness.
And I haven't done half bad since I've left the Navy.
No, 150 million in revenues last year is not too bad.
War looks pretty clean around here.
Oh, no, sir.
There's nothing clean about the war.
You know that, Commander.
Your company's been involved in Iraq from the beginning of hostilities, correct? Well, in the first few months, we concentrated on logistics- laundry, meal service, vehicle maintenance.
Those things the military contracts out? Well, since the post-Cold War cutbacks, small private firms like this have become a necessity in war.
There are thousands of contractors in Iraq right now.
They're not just washing clothes and serving MREs, either.
No.
Uh, more recently, we've been involved in intelligence gathering and training.
They're ready for you, Mr.
Merrick.
Let them know I'll be right there.
All right.
Thank you.
What is your opinion of Tom Elgart? Well, I hire the best.
They're all former military.
Pros, and for that, I pay them very well.
plus benefits.
I give them stock options, 401Ks.
Well, beats base pay for senior enlisted, doesn't it? And the military spit-shine so many of these guys grow tired of.
Well, one man's spit-shine is another man's good order and discipline.
I know plenty about good order and discipline, Colonel.
I know.
We watched you fall on your sword once to protect your subordinates.
You sacrificed your career.
Well, I have another career now.
Um, I know why you two are here.
I received a letter this morning from Corporal Sheehy's widow.
You deny the charges? No.
Nor will I confirm them.
If my men have been crossing the line in Iraq, I will get to the bottom of it.
Well, where do you draw your line? My people aren't directly subject to the UCMJ, but they are accountable.
They adhere to strict rules of conduct set forth in our company's contractual agreement with the Pentagon.
I'd like to see that agreement.
Okay.
I'll make sure you get a copy of it.
Trust me, if there's been wrongdoing, Tom Elgart's gonna wish he had the UCMJ on his side.
Whoa! Easy on the peanut oil! Sorry, sir.
I had no idea a nut product could be so combustible.
It's under control, though.
Hey.
Hi, Mattie.
You take an earlier bus? I caught a ride.
Evening, Commander.
Hey, Tom.
I've got a couple days business up here in town, so thought I'd drive Mattie myself.
Oh, good.
Join us for dinner.
You're cooking? We wanted to surprise you with a welcome home dinner.
Oh, sorry.
I didn't mean to impose.
You're not imposing.
That's okay.
We've already had a nice long visit.
Dumping me on the doorstep? Hardly.
I just think that the sooner you settle back in with the Commander and Jennifer, the better, that's all.
I can't see how a little dinner is gonna stand in the way of that.
I could use some help.
Come on, Dad.
You need to eat.
Come on.
Come on.
Okay.
I hate to do this to you, sir, but I have finished the requisition reports, and I need your signature.
Did the Admiral ever complain of carpal-tunnel syndrome? SEALs don't complain, sir.
Any new word on the next JAG, sir? Rumor mill's still turning.
Well, I better get out of here.
Harriet wants me to pick up some, uh, goulash and a jar of gherkins.
She having cravings? Actually, they're for me, sir.
Good night, Commander.
Good night, sir.
Bud? Do you have a problem with my management style? No, sir.
I think that your style is, uh, very straightforward, sir.
You being diplomatic, Mr.
Roberts? I don't know how to answer that, sir.
I seem to have run afoul of my old colleagues here at JAG.
Well sometimes there's not a lot of room at the top for friendship, Commander.
That was quite a dinner, thanks.
No, thank you.
I was headed for disaster.
Hmm.
When I was a kid, almost every Saturday, Dad would cook.
Tom, you said you were in town for business? Yup, got appointments at a few banks.
Trying to secure a loan to start up Grace Aviation again.
We went out to the airfield.
Hangar's under new ownership.
We talked to the manager.
He said he'd cut us a deal, rent it to us at the old rate.
Grace Aviation will be flying again.
Wow, you two have been busy, huh? Mattie's been a big help.
So that explains the extra week in Blacksburg.
And here I thought you were delayed because of a boy.
That, too.
Well, don't worry.
Mattie knows it's time to get back to the books.
Boys and airplanes are just going to have to wait.
There's always e-mail.
I appreciate your help, Colonel.
Not a problem.
About the other day I'm sorry if I was out of line.
No, you weren't.
What you said was true.
It's up to us to make sure your husband didn't die in vain.
Thank you.
What's going on, Mac? Just giving some legal advice.
She's considering a civil suit against Battlefield Solutions.
Is that her idea or yours? I read over Battlefield Solution's Pentagon contract, Harm.
The past few months, Tom Elgart has violated at least a half a dozen rules of conduct.
All that matters is what happened four days ago in Kirkuk.
I know, but that's the damning part.
Tom Elgart sent a message to Marine headquarters in Kirkuk detailing the Iraqi troops' movements.
Yeah, it was in his after-action report.
Yeah, one detail he left out.
He never waited for confirmation that headquarters had notified Marine units in the field, a violation of his company's policy.
What else? Well, Marine eyewitnesses reported that Elgart was carrying a weapon.
Another violation.
Mac, I'm not trying to stick up for the guy.
However, he was operating in a war zone.
Negligently.
What happened was tragic.
However, Elgart is out of our jurisdiction.
He's Battlefield Solution's problem now.
Retired Commander Merrick was a hell of a skipper when he was in the Navy.
He's an honorable man.
We can trust him to investigate his own people.
Fine and then what? A Marine dies, and Tom Elgart gets fired? That's it? What are you suggesting? We have a SECNAV authorize prosecuting a retired Marine? Were you two planning to tell me you were still pursuing the friendly fire incident in Kirkuk? We just assumed you would endorse our continued due diligence.
I am not laughing, Harm! I just got a call from SECNAV, asking why we're investigating one of the Pentagon's private military contractors in Iraq.
I did not have an answer! Sturgis, I think we have a case.
I'm not so sure we do.
I agree with Harm for a change, but SECNAV doesn't.
Headquarters Marine Corps forwarded Ann Sheehy's allegations to his office, along with preferred charges.
He's directed that retired Sergeant Major Elgart report and appear at court-martial.
Don't look at me.
It seems retired Commander Merrick was sufficiently distressed by the behavior of his employee that he made the call himself.
Colonel, you'll prosecute.
Commander, you'll defend.
Oh, I'm not so sure the Retired Marine Sergeant Major is going to appreciate that decision.
He's the one who requested you.
I suggest you get your client a haircut and a shave and tell him to get his uniform pressed.
Proceedings begin Monday, 0900.
I'm surprised you requested me as defense counsel, Sergeant Major Facing negligent homicide, I'd rather have you in my corner than some legal weenie devil-I-don't-know.
I'll take that as a compliment.
You can take this as a warning, Sergeant Major.
Flash that attitude on the stand and we're done.
I know only one way, sir- truth.
Yeah, you said that last time.
Before you neglected some, uh, important facts.
You're referring to Mrs.
Sheehy's allegations.
Among other things.
You try being a hired gun in Iraq, sir.
The enemy doesn't play by the rules, so we have to bend them.
By driving recklessly through villages, armed takeovers of gas stations, pistol-whipping civilians? I remind you what happened to four contractors in Falluja this past spring: murdered, mutilated, burned and hung from a bridge, not to mention more recent atrocities.
We drive fast because if we don't, we're dead.
We crash gas stations 'cause if we run dry, we're dead.
We wait in line we're dead.
And the beating of civilians? That was a situation where I was extracting information.
The beating of this civilian- did it have anything to do with the terrorists you were pursuing the night of the incident? Look, Sergeant Major, you want me to represent you, you're going to have to come clean.
What happened to those guys in Falluja, that happened to one of my men.
It just didn't make the papers.
It's one of the selling points of us hired guns- we slip into body bags real easy.
What happened? Insurgents caught my number two guy alone at a checkpoint.
By the time we found him, there wasn't much left to put in a body bag.
The terrorist you were pursuing- this was the insurgents' leader.
Yeah, I know.
It sounds like a great motive for some trigger-happy mercenary to go blasting into a city street and end up killing a young Marine, right? Well, that's definitely what the government's going to try to prove.
Sir, I spent 22 years in the Marine Corps.
I'm a pro.
I never fired on anybody that didn't fire at me first sir.
Lieutenant, your fire team was providing perimeter security for Kurdish leader Mohammed Aziz on the night in question.
Tell us what happened.
We were hunkered down, shadowing Aziz's bodyguards.
Next thing, it's a firefight.
My gunny was hit my corporal killed.
Who fired first, Lieutenant? The muzzle flashes I saw came from the archway, Colonel.
Where the accused and his Iraqi Civil Defense Corps trainees were positioned.
Did you have any idea they were there? We'd received no word of Iraqi troop movement in the area, ma'am.
Thank you, Lieutenant.
Lieutenant, you've stated in your debriefing that you had trouble with your field radio.
Is it possible that headquarters tried to get ahold of you and just couldn't? Yes, but the onus is still on the Iraqis and their advisors to make their presence known, sir.
Aziz's bodyguards had AK-47s.
They were between you and the Iraqis.
Given the conditions, Lieutenant, is it possible the flashes you saw came from Aziz's men and not from the Iraqis? It's possible.
Thank you.
Hope I'm not interrupting.
No.
Come on in.
What can I do for you, Tom? Well, it's about those banks I'm trying to squeeze money from.
Have a seat.
Having a little trouble, huh? Well, let's just say I haven't met any Jimmy Stewarts who are interested in my wonderful life.
You need legal help? No, no, that's not it.
Actually, I just wanted to ask you for a reference.
Of course.
Be glad to.
Thanks.
How's Mattie? She's good.
She's glued to the laptop.
Instant-messaging, as far as I can tell.
KEV-REV 150.
That's Kevin Reilly.
He's a boy back home.
He's a nice kid, nothing to worry about.
Well Well, uh, I'll let you get back.
Good luck.
Listen, I don't know how to say this quite, but I owe you a lot.
Aw No, not just about this reference.
I mean about Mattie.
I wanted my little girl back for so long, and Well, now it actually seems like maybe it's happening.
You're the one doing the hard work, Tom.
Getting your life back.
Thank you.
Former Gunnery Sergeant McDaniel, in what capacity are you and the accused employed by Battlefield Solutions? We're advisors to the Iraqi Civil Defense forces, Colonel.
You were present on the night of the incident, isn't that true? I was on the advisor-team, yes.
Battlefield Solutions' contract sets policy for advisors in the field.
Now, these advisors aren't supposed to issue combat orders as Sergeant Major Elgart did, are they? That's what it says, Colonel.
As noncombatants, they're also not supposed to carry weapons, though Sergeant Major Elgart was armed that night, wasn't he? We're on the front lines, Colonel.
We'd be fools not to be carrying.
I'll take that as a "yes.
" Policy also dictates that advisors inform U.
S.
forces of their movements in a combat zone.
Which we did.
You didn't wait for confirmation.
We waited for six hours.
But, no, we didn't get confirmation.
According to policy, your teams usually consist of four men Objection.
Relevance.
I'm getting there, Your Honor.
I'll go along for now.
Proceed.
There were only three of you out there that night.
You recently lost the number two man on your team in an ambush by insurgents, isn't that right? Alan Ridley was attacked, yes.
By the terrorist leader you were pursuing on the night in question? Affirmative, Colonel.
His body was mutilated, dragged through the streets.
You got the facts right, ma'am.
How did you and Sergeant Major Elgart feel about what happened? How do you think we felt?! We were angered and outraged.
Like any American would be.
Enough to rush into a blind attack, guns blazing in revenge? Your Honor! Withdrawn.
No further questions.
I'd like to answer that if I may.
Go ahead.
The Colonel wants people to think that Tom Elgart's the kind of man that would let revenge rule his reason.
We served together for 20 years.
Never once did he exceed an order, nor risk lives needlessly.
We're not vigilantes, we're Marines.
Only difference now is the clothes on our back.
Thank you, Mr.
McDaniel.
"History of Female Aviators.
" I was going to buy that book for you.
Oh, yeah.
It's okay.
Dad went ahead and got it for me.
Oh.
"KEV-REV 150," huh? Uh yeah.
It's Kevin, a boy I like.
Yeah, I know.
Your dad told me about him.
Great.
Now I have two fathers with loaded shotguns.
Actually, mine's a nine-millimeter Navy issue.
It's more accurate.
I'm having privacy issues here.
Sorry.
So, this, uh, Kevin is it serious? After all, you are only 15.
And? Do you know much about, uh What, sex? Between MTV and the popular girls at school, I've heard the basics.
Well, that's a little worrisome.
Actually, it's a pretty serious topic, Mattie.
It's something that you definitely need to talk to your dad about.
He's the guy to go to on this one.
Okay.
Good.
Okay.
Mrs.
Sheehy, one final incident I'd like to discuss.
On 28 May, one week before your husband was killed, he related to you a previous encounter with the accused in the village of Khasa, outside Kirkuk, is that right? Yes.
Paul's fire team was again providing security for the Kurdish leader, Aziz, when they crossed paths with the Sergeant Major and his advisors.
Oh.
What were the Sergeant Major and his team doing there? They were pursuing terrorist insurgents.
Paul said they had bad intel.
Were the Marines aware that the Iraqis and their advisors were there? No.
But Paul said it wasn't the first time Sergeant Major Elgart and his team were freelancing.
Did your husband say what happened? The two sides nearly engaged.
What else did he say? Paul said it was a matter of time before someone got killed.
Thank you, Mrs.
Sheehy.
What was that about, Sergeant Major? Well, Battlefield Solutions' corporate counsel thinks we're losing, sir.
We'll have our day- tomorrow.
Yeah, he also said that while he represents the company, he's concerned one of its employees isn't getting the best possible representation.
Well, is that how you feel? Frankly, sir, I don't know how I feel.
I do think it is maybe time to consider a tactical retreat, sir.
The company lawyer offered a a plea deal.
I told him it's okay to talk to Colonel MacKenzie about it.
You're making a mistake.
Well, it wouldn't be the first time, sir.
So, what kind of deal are they offering you? Battlefield's Corporate Counsel said if I plead guilty to the charges, the government will limit my confinement to two years, sir.
A few days ago you sat in this room, and you told me you wanted to fight.
I'm choosing my battles.
How much money they offering you? I have a family to feed, Commander.
Merrick said the company would pay me $2 million if I pled out.
$2 million for two years in the brig.
You know, I believed you when you told me you weren't guilty.
You want to look me in the eye now and tell me that's changed? That's not the point, Commander.
When I joined the Marine Corps, I took an oath.
Those stories Ann Sheehy recounted on the stand Maybe I have lost my way, Commander.
Well, you think you're gonna find it in Leavenworth? They call me soldier-of-fortune.
I figure I may as well start living down to their expectations.
You're not a mercenary, Sergeant Major.
You take that $2 million, you will be.
I know your team was in-country a long time.
I mean, the constant threat, the isolation, people get jumpy, they make bad calls.
Is that what's eating at you? Well, we were over there longer than we should've been, but three months is standard.
My men and I were in Iraq for almost a year.
Three months? Is that company policy? What are you thinking, Commander? I'm thinking $2 million is a hell of a severance package.
Commander Rabb, you may call your first witness.
I have only one witness, Your Honor.
The defense calls Battlefield Solutions CEO James Merrick to the stand.
Mr.
Merrick, as head of Battlefield Solutions, do you feel you're responsible for the actions of your employees in the field? I am responsible for setting the policies by which they are to conduct themselves, Commander.
Is it your opinion that the accused failed to adhere to these policies, sir? Regretfully, it is.
Is that why you contacted Headquarters Marine Corps and requested this court-martial, sir? I contacted General Hale in the interest of serving justice.
Not to mention your own interests, by heading off a civil suit by Corporal Sheehy's widow.
Objection.
Sustained.
Careful, Commander.
Yes, sir.
Well, Mr.
Merrick, was it in the interests of justice when you offered my client $2 million to cop an early plea? Objection.
Counsel is putting words in the witness's mouth.
I agree.
However, I would like to hear his answer.
I think that Mr.
Elgart would acknowledge his own guilt.
He did act negligently when he instigated a firefight with U.
S.
Marines.
I have a copy of your company's policies on deployment, Mr.
Merrick, which states that advisors are to be rotated every three months "to avoid the potential for lethal mistakes in the field due to combat fatigue.
" Are you familiar with this policy, sir? I am.
I wrote it.
Were you not aware that the sergeant major and his team had been in-country, in combat, for just short of a year, well over the three-month period? If I erred in judgment, I accept that.
It doesn't alter my opinion that the accused is guilty, nor that the swift application of justice is desired by all of us.
For all or for you, Mr.
Merrick? You've done everything you can to quash any real inquiry into this incident from the beginning.
Objection, Your Honor.
Where is counsel going with this? I'd like to know.
Proceed, Commander.
Thank you, sir.
I obtained from the CIA unredacted action reports, detailing operations by your employees in the field in which I found unsettling patterns, sir.
Now, we know about the near-firefight between the sergeant major and his team when they previously crossed paths with the Marines.
We know about the incident in which Corporal Sheehy was killed.
But I found other instances with other teams in which Mohammed Aziz, due to bad intel, was mistakenly targeted.
Care to comment on that, Mr.
Merrick? It's a war zone, Commander; nothing is clear-cut.
No, not like in business, where clarity is everything.
Battlefield Solutions in the past year recently merged into a conglomerate, with Henson-LeRoux in which you received of the parent company in a stock swap.
Isn't that correct, Mr.
Merrick? It's a matter of public record.
Henson-LeRoux has oil interests in Iraq, particularly the Kurdish region.
Isn't that correct? Or would you rather have your lawyer do the talking? I'm sure you know the answer, Commander.
That oil deal would be threatened if Mohammed Aziz were to assume control of the oil ministry in an autonomous Kurdish region.
Mr.
Aziz has been less than friendly toward Henson-LeRoux in public statements made.
Isn't that correct, sir? He's also not been a friend to the United States.
This man is a warlord and a murderer.
Controlling Kurdish oil would be good for all of us.
I checked into the source of the bad intel.
It came from an informant in Kirkuk, a contract employee of Battlefield Solutions.
Which made me wonder whether the bad intel was coming from Iraq or from your boardroom.
Army CID is curious, too.
They're presently questioning the informant.
They want to know why, on five separate occasions, Mr.
Merrick, Mohammed Aziz was targeted by different teams to be taken out by mistake, by men you placed in the field, in combat, fatigued, on a hair trigger.
You want to save them some time, sir? Maybe you should let your lawyer do the talking from here on out.
I have no further questions, Your Honor.
The accused and counsel will rise.
The senior member will announce the findings, please.
On the charge and specification of negligent homicide, Sergeant Major Thomas Elgart, United States Marine Corps, Retired, this court-martial finds you not guilty.
On the charge and specification of dereliction of duty, we find you not guilty.
Thank you, Captain.
This court is adjourned.
Thank you, Commander.
Congratulations.
Thank you.
Congratulations- you can hang up that uniform again, Mr.
Elgart.
Not sure I'm ready to hang it up just yet, ma'am.
Sir, ma'am, if you'll excuse me? I wish you'd shown me the courtesy of having a conversation before ambushing me on the witness stand, Commander.
Courtesy had nothing to do with it, Mr.
Merrick.
Sergeant Major Elgart made a poor command decision.
And you didn't? I did what was best for my company and my country.
And for yourself.
What happened to you, Merrick? What happened to honor and decency? I joined the real world, Colonel.
Perhaps that's something you wouldn't understand.
I took a stab at the real world- a private law firm; it didn't change me.
Obviously.
You returned to the service.
See, that's the difference between you and me.
I didn't have a Navy to return to.
It can be arranged.
We recalled Sergeant Major Elgart.
We could extend you the same courtesy, Mr.
Merrick.
We kept you out of Leavenworth once.
Might be different next time.
Talk to my lawyer.
Well, we'll have to get in line.
I have a feeling by morning you'll have a civil suit on your desk asking for a little more than $2 million.
Hard to believe a man can do a 180 like that, Harm.
It happens.
There's no way I can adequately apologize to you, ma'am.
What I can say is in my one brief encounter with your husband, he demonstrated a strength and a courage of conviction that I hope to one day again find in myself.
Well, maybe you've started, Sergeant Major.
Hey! Hey! You and the commander ready? I'm gonna have to take a rain check, Tom.
I'm, uh, kind of buried.
Unfortunately, my new boss is getting even for me sneaking around behind his back.
Oh, I'm sorry to hear that.
Another night.
Good.
We won't be late.
Okay.
Forgot my sweater.
You really should join us.
I'm kind of busy.
You know, I've stopped worrying about you trying to send me away.
Good.
You need to stop worrying that you don't count anymore.
Mattie, I just think it'd be good for you to spend some more time with your dad.
It's pretty obvious that you're worried.
The look on your face when I told you he bought me that book, the lack of annoying personal questions, ditching dinner tonight.
I've got a lot of work to do, uh You know, I wouldn't have known about that female aviators book, if it weren't for you, Harm.
I know.
And the annoying personal questions I need them.
I need you.
I appreciate everything you've done for my dad and me, getting us back together, but you're not getting rid of me.
Good.
Last chance? Have fun.
Thanks.
I'll see you later.
Okay.
Hey! Your sweater! Reduce altitude.
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