"Previously on JAG:" "Pappy, I've got a pop-up." "Armoured vehicles converging on inbound refugees." "Suspect refugees in danger." "Badman 3, if you haven't been shot at, Photo Bird is clear." "Recommend disengage." "I can't, they're going after those refugees." " I smoked them good, Boomer." " Oh, you are the man, X." " Plus you get all the luck." " Oh, yeah." "Is this the man?" "Is this the man?" "Something wrong, CAG?" "Lieutenant Buxton, did you attack vehicles on the highway east of Zlata?" "Yes, sir." "Serb armour about to cut off a group of refugees, sir." "Those Serbs, Lieutenant Buxton, were Russian peacekeepers." "You killed three of their senior officers." "Commander Rabb was there?" "He was close by." "He was not involved in the action." "Well, that would be a first." "You've gotta move on this, A.J." "Mr. Secretary, with all due respect, we don't even know what happened yet." "The Russians say this Lieutenant Buxton cold-bloodedly murdered three of their senior officers." "Well, they were always so reliable during the Cold War." "The Cold War is over, we hope." "Now, do I need to tell you how important it is to keep them on our team in Kosovo?" "I pulled Lieutenant Buxton's service record, and he has excellent ratings across the board." "Crackerjack pilot, likely next assignment Test Pilot School, could end up an astronaut." "I was thinking something more along the lines of a court-martial." "Sir, we still don't know what happened." "Then find out." "Thanks." "Hey, stranger." " It's good to see you." " You too." "So how was your trip?" "Lieutenant colonel?" "Ma'am." "Well, this just happened." "I was gonna tell you." "My heartiest congratulations, ma'am." "Thank you, commander." "At ease." "Can we get to work now?" "I could really use your help on this investigation." "You know, the Russians are screaming bloody murder." "The Pentagon doesn't know whether to go to war or dig a hole in the sand." "Well, I'm no longer with the JAG Corps, ma'am." "I'm an aviator." "Oh, so you're not one of us, you're one of them." "I will, of course, obey any lawful orders that you give me, ma'am." " I will try to keep them all lawful, then." " Aye, aye, ma'am." "These things happen, colonel." "Sometimes they do, captain, but they're not supposed to." "What was Lieutenant Buxton supposed to be doing when he attacked the Russian vehicles?" "Monitoring the no-fly zone, keeping Yugoslavian aircraft out of our operational area as defined by the cease-fire agreement." "The no-fly zone was up in the air, correct?" "He was also escorting a plane photographing suspected mass gravesites, and he was aware that rogue Serb forces have been slipping across the border, terrorising returning refugees." "We have standing orders to prevent that." "I see." "Had the vehicles Lieutenant Buxton fired on been reported to be violating the cease-fire or terrorising refugees?" "Not to my knowledge." "Captain, I'll need the HUD tapes from that mission." "Also radio and radar readouts, a copy of Lieutenant Buxton's kneeboard cards, and a tape of the CVIC briefing." "Everything Lieutenant Buxton saw before he went up." "How about what he saw after he went up?" "I'm all ears, sir." " She talked to my RIO, sir." " She's just doing her job." "She talked to my plane crew, talked to the damn Russian admiral." "I can get to some people before she does." "Don't do it, Buxton." "They could pile on obstructing justice too." "Those desk jockeys aren't gonna be happy until the X-Man's butt is polishing a rack in Leavenworth." "Look, I know the colonel." "I guarantee you she's fair." "But does she understand?" "You were up there with me." "You know what it's like." "Come on, sir." "You would have taken the shot, wouldn't you?" "I don't know that." "Do you know how it felt, Pappy?" "Like a tool in a groove, like a hand in a glove." "I mean, how many times have we practised strafing?" "If I get trained 20 years, my entire life, to fight in an aircraft and then retire without ever doing it, what would that make me?" " Lucky." " Oh, come on." "You just wanna bore holes in the sky your whole time in the Navy, or do you wanna do what you were built to do?" "Look, if I saw those trucks doing whatever it is you thought they were" "Driving." "Driving?" "They were Yugoslavian and they were just driving?" "They were in the wrong place when I was in the right place." "That's what I thought." "You shouldn't be telling me this." "Why?" " Hello, admiral?" " MacKenzie." "That's the SECNAV, colonel." "He wanted to hear your report firsthand." " Good morning, sir." " What have you got?" "Well, Lieutenant Buxton's orders were very clear, sir:" ""Do not engage ground forces without incontrovertible evidence of prohibited activity." "If in doubt, call the battle force commander for authorisation."" "What did his RIO say?" "Well, he said he was too busy with his instruments to see what was happening." "At ease, lieutenant." "Are those the photographs?" " Yes, sir, these were" " Thank you." "Taken after the attack." "The destroyed Russian vehicles had the letters K4 on their roofs and hoods." "They were clearly marked as part of the peace force." "If Lieutenant Buxton had bothered to take a look, which he didn't, radar shows he went down once, to strafe." " No identifying passes." " Sounds like we have plenty." "Colonel MacKenzie, can you win a conviction on manslaughter?" "Maybe, sir." "Disobeying orders would be a stronger case." "Then we'll charge him with both." " I mean, you just never know, right?" " Thanks." "Bravo, colonel." "Bravo." "I thank you for seeking justice for our murdered colleagues." "You like to sit with me?" "No, I'm sorry, I promised to sit with Commander Rabb." "Why don't you give me the bubonic plague too while you're at it?" "Do you want me to eat in my stateroom so the other boys don't get mad at you?" "No, no, stay." "I should warn you, though, that meat loaf was a bad choice." "Right." "Thanks." "We haven't really had a chance to talk." "Well, we've exchanged e-mails a few times." "Of course, you failed to tell me of your promotion." "Well, I didn't wanna take your mind off" "My new inferiority?" " You feel inferior here?" " Here?" "No, Mac." "I was born to be a pilot." "I belong here." "So JAG, what, you were just killing time till you got your eyes fixed?" "No, JAG was fine, although I don't envy being in your shoes at the moment." "Colonel MacKenzie, may I have a word with you?" "Manslaughter, ma'am?" "It isn't right." "Court-martial will decide what's right, lieutenant." "I was doing what I was supposed to do, what I was trained to do." "This is not the time or the place." "Ask the commander." "He'll tell you, ma'am." " Tell me what?" " What I did, why I did it." "He understands." "I told him what happened." " You told him everything?" " Yes, ma'am." "Well, then you just put him on my witness list." " Wait a minute." " You can't do that." " Actually, I can." " Yes, but she really doesn't want to." "Because Commander Rabb is my lawyer." " What?" " I thought you quit JAG." " I did quit JAG." "I can't be your lawyer." " Well, you already are, sir." "I told you things confidentially." "You gave me legal advice." " He did?" "You did?" " Well, maybe a little." "You're my man, Pappy." "Well, Pappy, I'll be seeing you in court." "In what has become a familiar ritual, chanting Russians marched outside the American Embassy today, denouncing the deaths of three Russian officers in Kosovo." "They're court-martialling the poor bastard who killed them." "What else do they want?" "Well, they want you to lose, commander." "Excuse me, sir?" "You're the lead counsel in defence of the poor bastard who killed them, so I suggest that you put "alleged" in that phrase from now on." "I thought Commander Rabb had the case, sir." "Well, I thought it was better that the attorney of record was a lawyer still sanctioned by the Navy to practise law." "I don't think Rabb will be happy to see me, sir." "Lieutenant, you'll assist Colonel MacKenzie in the prosecution." "Aye, aye, sir." "You and Brumby will leave for the Mediterranean at 1930 tonight." "You can leave the office, say, 1700 to pack." "We don't all have to be there for the investigation, do we, sir?" "Well, it is customary the attorneys attend the court-martial." "It's gonna be held on the Patrick Henry." "Why, sir?" "Well, the CAG made the not unreasonable point that the defendant, several of the witnesses, and one of the defence attorneys are active-duty pilots in a war zone." "They may need to walk out of that courtroom and do their jobs." " That will be all." " Sir?" "Do you have any message for Commander Rabb?" "No." " Hey, how was your trip?" " I don't know." "I'll ask my stomach if I ever see it again." "You've never been tailhooked before?" "My mother said it was a sin before marriage." "Flight Deck Green Crew get on the line." " Bud." " Colonel." "I'm ready to dive right into this case, ma'am." "Somehow, Bud, you don't look it." "Do you know where Commander Rabb is?" "Out there." "He's keeping up his quals." "We shouldn't even be having this conversation." "What Lieutenant Buxton did isn't manslaughter." "At worst, it's collateral damage." "Any person who unlawfully kills a human being by culpable negligence is guilty of involuntary manslaughter." "Actually, we could've charged murder." "We're already giving you a break." "I didn't murder anybody, ma'am." "Lieutenant, now, you insisted that I be your lawyer, so listen to me." "Be quiet." "We might reduce the charge even further if your client pleads." " To what?" " Negligent homicide." "Three years confinement and a dishonourable discharge?" "For killing three people?" "It's a bargain." " Unacceptable." " Hold on, let's confer with our client." "I know where my client stands." " How?" " Am I allowed to talk now?" " No." " Yeah." "Maybe you three should have a conference among yourselves before you get together with us." " Excellent idea." " We don't need one." "Well, they'll get it together eventually, Bud." "For the "disobeying an order" count, we'll need to nail down that NATO rules of engagement qualify as a general order." "I think the older precedents are on our side, but I want you to..." "Bud." "Bud?" "Do you know what they're doing up there?" "They're landing 40,000 pounds of screaming metal onto a tiny speck in the middle of the ocean." "That's what Lieutenant Buxton does for a living." "Commander Rabb too." "All I do is look up legal technicalities on a laptop computer." "Well, would you feel better about it if your computer weighed 40,000 pounds?" "No, ma'am." "Those precedents, do you want military courts only, or anything federal?" "Yes, ma'am, as the fleet JAG," "I briefed the members of Squadron VF-218 on the rules of engagement for Operation Joint Guard." "Was the defendant, Lieutenant Buxton, present for the briefing?" " Yes, ma'am." " So, what did you tell the squadron?" "Well, basically, that they could use force only when enemy forces were demonstrating hostile intent or committing hostile acts against NATO forces or civilians under our protection." "And what if the situation was ambiguous?" "Then they were to pass requests to use force up the chain of command." "And after you explained all that, what, if anything, did Lieutenant Buxton say?" "He said, "And if I need to scratch my six, do I have to call the president?"" "What is his six, Lieutenant Aldridge?" " His behind, ma'am." " Thank you." "I'm an S-3 pilot in Sea Control Squadron 28, attached to Air Wing 16 onboard USS Patrick Henry." "We fly antisubmarine warfare missions." "We also do in-flight refuel." "Was there an occasion last month when you began and then aborted a refuelling of the defendant's plane?" "Objection." "That occasion has nothing to do with the incident at issue here." "What is the relevance, Colonel MacKenzie?" " I believe it will soon become clear." " Give me a hint." "Negligent carelessness is a key element of manslaughter." "We will show that such carelessness by Lieutenant Buxton did not suddenly emerge on the day of the crime charged here." " I'll allow it." " Sir." " I'll allow it." "Just keep it short." " Yes, sir." "Lieutenant Mirvis, please describe that aborted refuelling." "Yes, ma'am." "Lieutenant Buxton radioed us that he was low on fuel." "We were low ourselves, but we told him to come on over and I streamed my drogue." " I was about to give everything I had." " What happened then?" "We received an emergency call from another pilot." "Actually, the commander." "He'd had a bird strike and was streaming fuel." "So two planes needing fuel and you low." "What would standard operating procedure be in a situation like that?" "Give them both a little and direct them to another tanker." " Is that what happened?" " No, ma'am." "Lieutenant Buxton pulled away and said that he could make it back to the carrier okay." "Really?" "Well, when he first radioed you, how much fuel did he tell you he needed?" "He said he needed 2,000 pounds." "How much fuel was he supposed to be carrying in reserve when he landed?" " Two thousand pounds." " Two thousand pounds he didn't have." "He could've crashed, isn't that right, lieutenant?" " He did land safely, colonel." " He barely landed at all." " Objection." " Withdrawn." "No further questions." "Lieutenant Mirvis, by declining to take fuel for himself, did Lieutenant Buxton accomplish anything that morning?" "Yes, sir." "He made sure that you got enough to get back safely." "Thank you." "Look at that, commander." "Getting up to 1,500 miles an hour, pulling six-G turns, finding a carrier deck on a night like this." "You know what the pilots call us?" ""Legal weenies."" "Yeah, well, at least we don't have to go 1,500 miles an hour, pull six-G turns, or find a carrier deck on a night like this." "Sorry, commander, I didn't mean to imply you should feel inadequate." "Maybe they're the ones who feel inadequate, Bud." "All right, how did you hear about the refuelling incident?" "Well, the Russian admiral told me." "Apparently Buxton told him the story when they were jaw-jacking one night." "That was before he started killing Russians." "Harm, you knew he was pulling stunts like landing on fumes." "He could've killed three people then." " He didn't." " He could have." "I mean, you didn't blow the whistle." "What was that?" "Some sort of macho pilot camaraderie?" " You don't even like the guy." " I'm a pilot, Mac." "I don't pull out my law book every time I see one of them jaywalk." "Oh, so you let him jaywalk, and now here we are." "Gives us an opportunity for another one of our friendly chats." "What is your assignment in the Air Force, Captain Weston?" "I'm a senior strike controller on an E-2-Charlie Hawkeye flying out of Aviano." "And what is your mission?" "We basically fly around on surveillance station for 12 hours at a time, providing command and control for allied aircraft over the truce area." " Do you tell NATO pilots what to do?" " Yes, ma'am." "You tell them what not to do?" "We do, or we provide a link to the command centre in Vicenza, and it tells them." "Did you communicate one day last month with the defendant?" " Yes, ma'am." " I renew my objection to this." "The day the colonel is asking about is not the day of the incident we're concerned with here, sir." "Is that right, Colonel MacKenzie?" "Yes, sir, it was another occasion when the defendant demonstrated dangerously reckless conduct." "May we approach, sir?" "What exactly is this witness gonna testify to?" "A few days before the defendant started killing Russians, he defied warnings to stand down, crossed into Yugoslav airspace to chase a MiG that he had no right to chase, and was nearly shot down for his trouble." "Now, Commander Rabb here saved his life." "Commander, I'm beginning to think you should be a witness instead of defence counsel." "Sir, my testimony would not be relevant." "All mention of these incidents is prejudicial to the defendant." "It's also a breach of Rule 404 of the Rules of Evidence." "The prosecution cannot mention prior bad acts." " We can if they go to proof of motive." " What motive?" "Buxton had no motive to kill Russians." "Even you grant it was unintended." "Yes, but motivated by his desire to fight, his desire for glory, and his lack of concern over where he went or who he shot at to get it." "That is completely unsubstantiated speculation, colonel." "I can substantiate it if you'll allow me to show the pattern." "Your objection, Commander Rabb, is overruled." "Proceed, Colonel MacKenzie." " We're getting killed." " Your fault, mate." "You saved him." "And what was Lieutenant Buxton's mission on the day he attacked the Russian vehicles, captain?" "To patrol the no-fly zone and to escort a plane taking photographs of suspected mass gravesites." "So nothing about killing Russian observers, is that correct, sir?" "There was a standing order to protect returning refugees from rogue elements of the Yugoslav military." "Wasn't there also a standing order to query higher authority before firing at a target if there was anything ambiguous about it?" "If there was anything ambiguous about it, yes." "And wasn't the defendant also subject to a standing rule of engagement not to use force except in response to a hostile act or a clear demonstration of hostile intent?" " Yes." " Thank you, captain." "Captain Pike, were the refugees in the vicinity of the vehicles Lieutenant Buxton attacked?" "Yes, a mile or two down the road." " In the direction the vehicles headed?" " Yes." "Were Yugoslavian vehicles supposed to be anywhere near those refugees?" " No." " Why not, sir?" "Because the week before, they shot ten people there." "So, captain, as a combat officer, in your opinion, was it reasonable to infer hostile intent to Yugoslavian vehicles headed in that direction on that road?" " Yes." " Thank you, sir." "No further questions." ""Reasonable to infer."" "Now, doesn't "infer" imply that there was some sort of ambiguity in the situation?" "It implies the pilot had to make a judgement." "The type of judgement that was supposed to be made by a senior authority, not an amped-up pilot looking for a shot at glory." " Objection." " Sustained." "Colonel, I would say you had to be there." "Well, since that's not possible, we're just gonna have to do the best we can right here." "No further questions." "Let me have a crack at it, mate." "Captain Pike, as air wing commander, you are responsible for the competent operation of every plane in the group, correct?" "Yes." "For example, if you noticed that a pilot was drunk as he entered the cockpit, it would be your duty to prevent that, wouldn't it?" "Yes, commander." "Captain, are you aware of an incident in which Lieutenant Buxton returned to the carrier dangerously low on fuel?" "There was an occasion when he had a lower reserve than regulations require." "What's he doing?" "And did you discipline the lieutenant for that infraction, sir?" " I counselled him." " Counselled him?" "Then are you aware of a subsequent incident in which the lieutenant conducted unauthorised pursuit of a Yugoslav MiG and was nearly shot down?" "Sir, may I confer with cocounsel?" " Now?" " It'll take but a minute, sir." "Very well." "What the hell are you doing up there?" " Trying to get our client off the hook." " Doesn't sound that way." "I'm stuck with lemons, Harm." "I'm making lemonade." " Short recess, sir?" " Ten minutes." "When were you gonna let me in on this strategy, Brumby?" "Just came to me, a desperation move after you struck out on your cross." " I struck out?" " Correction:" " Colonel MacKenzie struck you out." " Were you and I in the same room?" "Look, Harm, she hammered us, getting those previous reckless acts into the record." " They weren't reckless, commander." " No, they were insane." " We'll deal with them." " I am dealing with them." "Making them work to our advantage by shifting blame for the deaths of the Russians to Captain Pike." "What's the CAG got to do with this?" "Four years ago an Air Group commander was successfully court-martialled for dereliction of duty after the fatal crash of a pilot under his command with a history of reckless flying." "So?" "So the commander should've grounded the pilot." "After your stunts, the CAG should have grounded you." "Strictly speaking, it's not a defence, but it could influence the members." "So you're trying to get me off by telling these people that I shouldn't be allowed to fly?" " Yeah." " Sir, you're fired." "Fine." "You tell him, Harm." "It's not fair to the CAG, and it could backfire, Brumby." "I'm not talking about fair." "This is all we've got to get our client acquitted of a crime that could land him in jail for ten bloody years, mate." "That's my job, Harm." "It's your job too, remember?" "It could work." "I don't care if it gets me a ticker-tape parade." "I am not gonna slam the CAG, and I'm not gonna tell these people I'm not competent to fly." "So would you rather go to jail for ten years?" "I'd rather go to jail for 10,000 years, sir." "I guess we're trying something else, Brumby." "Hey, the mystery recess over?" "Are you gonna go back in there and try to lynch the CAG?" "Actually, there will be no further questions, colonel." "Isn't this a terrible comedown for you, though?" "I mean, out of the air and back into the courtroom?" "Terrible?" "No, except for working with Brumby." "Well, I guess for you it's just one case and then, you know, you're done." " What's with him?" " He's a legal weenie." "I can assure you, no one is trying to diminish the deaths of the Russian officers." "I should hope not." " I just have a few questions, sir." " Shoot." "Can you tell us what this is, admiral?" "That is the flag of my country, Russia." "This the same flag that was flown by the armed column Lieutenant Buxton attacked?" "Of course." " Can you tell us what this is, sir?" " That is the flag of Yugoslavia." " Very similar, wouldn't you say, sir?" " I suppose." "I would like these marked Defence Exhibits 7 and 8, sir." "Can you tell us what this is, sir?" "An armoured command vehicle, the same type that the lieutenant destroyed." " A BTR-60, is that correct, sir?" " I believe." "Are these same vehicles used by the Yugoslavian army?" "So what?" "This one was just driving down the road." " Is that a yes, admiral?" " Yes." "But this belonged to the peacekeeping force." " It had the initials on the side." " Thank you, sir." "No further questions." "The headquarters knew this." " The radio channel was open." " Thank you, sir." "The idiot is supposed to ask before he shoots." "Thank you, admiral." "I had heard reports of what the Serbs were doing to the refugees." " And what was that?" " Objection." "Hearsay and irrelevant." "It goes to the defendant's state of mind, sir." "Overruled." " What had you heard, lieutenant?" " That they killed them." "They raped them." "They shot children." "What were your orders regarding all of that?" ""Don't let it happen again."" "So was this going through your mind when you saw the Russian column moving toward the refugees?" "I didn't know they were Russian." "Intel didn't say anything about Russians being in that area." " They looked like Serbs, commander." " Looked like?" " Why didn't you radio for information?" " I didn't have enough time." "The road was winding into the woods, and I knew they'd get to the refugees." "I had to take the shot then or not at all." "You didn't see the peace-force insignia on the vehicles?" "No, sir, I was flying at 400 knots." "Well, then how did you identify them as Serbian, lieutenant?" "My kneeboard card has silhouettes of Yugoslavian armour." " And I'd seen them before." " When?" "During the bombing campaign before the cease-fire, when they wouldn't allow us to fly low enough to stop them." "Stop them from what, lieutenant?" "We were out there that day taking pictures of mass gravesites, sir." "I didn't want there to be any more gravesites because I didn't do what I had a chance to do." "Thank you, lieutenant." "After the cease-fire, you were briefed on the rules of engagement?" " Yes, ma'am." " You mocked them." "I made a joke, colonel." "But you asked if you needed to call the president when you wanted to scratch yourself." "Pilots make jokes in the ready room, ma'am." "You know, we're in kind of a tense business." " Oh, so you did respect the rules?" " Yes, ma'am." "You ignored them when you chased that MiG into Yugoslavia." " Objection." "Is that a question?" " I'll rephrase." "Why did you chase that MiG in violation of the rules of engagement?" "It adopted an offensive posture toward me, ma'am." "An offensive posture nobody else saw." "Nobody was there but me, colonel." "And nobody else seemed to think the Russian peace observers were rogue Serbs." "Now, why are you the only one who sees these things?" " Objection." "Argumentative." " Overruled." "I didn't make it up, ma'am." "You were itching for a fight, weren't you, lieutenant?" "What's wrong with that?" "I'm a combat pilot." "Oh, so you are eager for combat?" "Well, I didn't join the Navy to learn computer programming, colonel." "I joined to fight for my country." "And if there was nobody to fight, you would find somebody to fight." "I was just doing my job, ma'am." "The rules of engagement got in the way of your job, didn't they?" "I thought they were pusillanimous." " Sir" " They were wimpy?" "Geeky?" "What, not appropriate for a warrior like you?" "Sir, this entire line of questioning is argumentative." " It's cross-examination." " Overruled." "How wimpy were they, lieutenant?" "Back during the bombing, we weren't allowed to fly lower than 15,000 feet so we wouldn't get hurt, while people on the ground were being slaughtered." "Now, I didn't join a combat organisation to avoid getting hurt, colonel." "Now, I think it's an ass-backward war where a stated purpose is to have no military casualties." "You think?" "Do you care what the National Command Authorities think?" "I do what they say, ma'am." "I just don't have to like it." "So you get around it by seeing what you wanna see, and now we have three dead peace-force observers." " Objection." " Sit down, commander." "I didn't mean to kill them." "You didn't care enough to find out who it was you were killing." " Sir, l" " Sit down, commander." "Take a look at those flags, ma'am." "They look alike." "You couldn't see the flag." "You were going 400 knots." "And when you got back to the ship, didn't you celebrate with your pilot pals?" "Military men celebrate when they kill the enemy, ma'am." " Somebody who looks like the enemy." " They were close enough, colonel." "No, they weren't, lieutenant." "No, they weren't." "Maybe if we get him to plead guilty now, they won't keelhaul him." "What are you looking for, mate?" "A magic spell to make our client not an idiot?" "He said he thought they were the enemy, Brumby." "He didn't know who the hell they were." "Colonel MacKenzie made that pretty clear." "But she can't prove what he was thinking." "They can still choose to believe him." "Whatever he was thinking, he crossed the line." "He wasn't supposed to go off halfcocked." "Actually, I think we should argue that he was required to." "Excuse me?" "I'm gonna put Buxton back on the stand for redirect." " You're kidding, right?" " No, desperate." "How did you become a Naval officer, lieutenant?" "I went through ROTC at Texas AM, sir." "As part of your training there, did you take a course in military law?" "Yes, sir." "Did that course cover the aspects of the Uniform Code of Military Justice that apply to you as an officer in the United States Navy?" "Yes, sir." "Do you remember being instructed about article 99?" "I do, sir." "Let me read you a section of that article, lieutenant." "Objection." "Lieutenant Buxton is not charged with violating article 99." "He had reason to believe he would be, sir, if he failed to attack that column." "This is not possibly relevant, Your Honour." "Worse, it's a flagrant attempt to introduce a separate, confusing issue." "If it confused Lieutenant Buxton, it makes it relevant." " Read what you were going to read." " Your Honour" "I'm not saying he can do what he wants to do," "I just wanna find out what that is." "Uniform Code of Military Justice, article 99:" ""Any person who before or in the presence of the enemy runs away or willfully fails to do his utmost to encounter, engage, capture or destroy combatants, vessels, aircraft, or any other thing which it is his duty to encounter, engage, capture or destroy" "shall be punished by death or such other punishment as a court-martial may direct."" "Your point being, commander?" "Lieutenant Buxton reasonably feared, sir, being court-martialled if he failed to attack that column." "Article 99 only requires combatants to attack those things they have a duty to attack." "If we're gonna argue this," "I suggest that we do it outside of the hearing of the members." "Members have a right to hear relevant argument." "This is not relevant, Your Honour." "If a fighting man fears he will be punished for not doing what he sees as his duty" " Your Honour." " Approach." "That was an attempt to appeal to the emotions of the members." "It's a legitimate defence, colonel." "Only if Buxton had a duty to attack that column, which, as a matter of fact, he did not." "I think a "reasonable man" standard is appropriate." "Would a reasonable man in Buxton's position believe he could be--?" "Executed?" "For not shooting at the wrong people?" "Is that really what you think Lieutenant Buxton was thinking about?" "I don't know, I was gonna ask him, when you objected." "Cute, commander." "But the objection is sustained." "You will confine your questioning to offences the defendant is accused of committing." " Thank you, Your Honour." " Step back." "The defence rests, sir." "Fine." "Summations tomorrow." "We're adjourned." "Is there anything else I can help you with, ma'am?" "No, my closing will be pretty straightforward." "I don't think Harm hurt us enough to do anything differently." "We're gonna win this one, Bud." "Okay." "Great." " Try to contain your enthusiasm." " I'm sorry, ma'am." "Bud, what's wrong?" "I don't know, ma'am." "It's just that..." "It's being around all these people with combat roles." "Lieutenant Roberts, you are a fine lawyer and a fine Naval officer." "Thanks, ma'am, but being a lawyer around here, it just doesn't seem so manly." "Bud, you are a great father and a great husband." "I mean, just ask Harriet how manly you are." "I suppose." "It's just that she's been so busy with the baby." " You know?" " Harriet's been tired?" "Getting up in the middle of the night to nurse the baby and" " Not that she shouldn't." " So you and she...?" " We're very tired, ma'am." " You and she aren't--?" "It's normal." "And they say it only lasts for a few years." "Good night, ma'am." "Good night." "This is Lieutenant Colonel MacKenzie requesting a phone patch to the States." "This is a simple case." "Lieutenant Buxton was ordered not to use force except in response to a hostile act." "Well, instead, he used force in the absence of any hostile act." "Lieutenant Buxton was ordered to seek guidance from higher authorities if he had any doubt about the potential target of his force." "Instead, he acted alone, on his own very mistaken perception." "A mistaken perception willed into being by his reckless and careless desire to find a fight, even when there was no fight to find." "As a result of his recklessness and disobedience, three officers are dead, their lives taken by an action that is unlawful in Russia, unlawful in Yugoslavia, unlawful in autonomous Kosovo, and most importantly, unlawful in the United States Navy." "Lieutenant Buxton disobeyed his lawful orders, and as a result, he caused three wrongful deaths." "It is your duty to find him guilty." "What is the Navy for?" "Why do we put on these uniforms, train for years to fly our aircraft, to steer these ships?" "The basic answer is to keep our country safe, to display so much strength that no aggressor would dare attack us for fear of suffering dire consequences." "But what happens when an aggressor does attack?" "Maybe not us, but people under our protection." "Do we still just display strength?" "Fly, sail, march, but do nothing?" "Or not enough?" "Lieutenant Buxton didn't think so." "And after weeks of flying at 15,000 feet while the people we were supposed to be protecting were being slaughtered on the ground, he was given an order one day to fly low." "And flying low, he saw what he thought was a hostile force engaged in a hostile act." "So he did what Naval officers are supposed to do." "He used his intelligence, he used his initiative, he made a decision, and he acted." "Now, if we judge that action just by its unfortunate consequences, what message are we sending to future Naval aviators who see something evil in a war zone?" "Play it safe?" "Call home?" "Come back tomorrow?" "John Paul Jones said, "He who will not risk cannot win."" "And he was right." "If we don't take the right lessons from what happened here, we'll have more wars to look forward to, more aggression from despots and tyrants, not less." "Don't punish initiative." "Don't second-guess battlefield decisions." "Acquit Lieutenant Andrew Buxton of all charges." "Thank you." "Captain Wiggins, have the members reached a finding?" "We have." "The defence will rise." "Captain Wiggins, will you please announce the finding?" "Lieutenant Andrew Buxton, this court-martial finds you not guilty of all charges and specifications." "I thank the members for your time and attention." "Lieutenant Buxton, you are returned to duty." "Aye, aye, sir." "Thank you." " You're the man." " You're the man." "You get it, Pappy." "I didn't think you did, but you get it." " Come here, man." " Yeah!" "The X-Man is back, and he's better than ever." " Get what?" " It's a pilot thing, Mac." "I couldn't possibly explain it." "Attention on deck." "I'm looking forward to getting back into action, sir." "I'm sure you are, lieutenant, but that's not gonna happen." "Effective immediately, you are going TAD to Capodichino." "Shore duty, sir?" "Officer in charge of the corrosion-control detachment pending a Field Naval Aviator Evaluation Board, which I feel certain will terminate your flight status." "This is political, isn't it, sir?" "Coming from Washington because they couldn't convict me." "No, lieutenant, it's coming from me." "I always hoped your brain would catch up with your talent, but I can't fool myself any longer." "Sir, they're sending me to a FNAEB." "They wanna ground me." "Well, what did you expect, Buxton, a promotion?" "Look, you have to help me, sir." "Actually, lieutenant, I'll be testifying against you." "Against me?" "Look, I just heard you in court talking about my intelligence, my initiative, how they had to acquit me." "I was your lawyer." " It's my job to get you off." " But you get it, sir." "I mean, come on, you and me, we're the same." "No, we're not the same." "I'm not reckless." "I don't fly stupid." "That's what this is all about, huh?" "Yeah, you know that I'm better than you, and you can't stand that." "You know, I wouldn't care if you were the greatest pilot in the world." "You inspire those guys to pull the same stunts that you pull, then you're a menace, not to the enemy, but to them." "To us." "But" " But they can't do this." " Sir, the X-Man has to fly." " Not anymore, Andy." "Not anymore." "Wardroom." "Colonel MacKenzie." "Okay." "Telephone for you, Lieutenant Roberts." " Hello, Lieutenant Roberts." " Hi, Bud." " Harriet." " I've been thinking about you, Bud." "Oh, me too, sweetie." "How's little A.J.?" "He's wonderful." "I'm just sitting here all alone, thinking about you." "I'm wearing that little pink nightgown that you like so much." "You are?" "You know, when you get back, my mom could take A.J. For the whole weekend." "Oh, right, you wanna go to Chicago and see the new aquarium." "No, actually, I was thinking about that little motel room right outside of Richmond." "Remember?" "You mean the one where we...?" " Really?" " Bud." "Listen, I understand you've been down a lot recently and everything, and, well, now that the trial's over," "I think I could probably get you a hop in an F-14." " A what?" " You know, a Tomcat, a:" "A what?" "I could probably even get you to shoot the guns." "Excuse me, commander, but with all due respect, could you please leave, sir?" "With me, right?" "Okay." "He looks kind of macho, don't you think?" "Okay."