1 00:00:04,554 --> 00:00:06,381 Previously on JAG: 2 00:00:07,181 --> 00:00:09,008 Pappy, I've got a pop-up. 3 00:00:09,225 --> 00:00:12,096 Armoured vehicles converging on inbound refugees. 4 00:00:12,311 --> 00:00:14,185 Suspect refugees in danger. 5 00:00:15,231 --> 00:00:18,267 Badman 3, if you haven't been shot at, Photo Bird is clear. 6 00:00:18,442 --> 00:00:19,983 Recommend disengage. 7 00:00:21,654 --> 00:00:23,481 I can't, they're going after those refugees. 8 00:00:37,003 --> 00:00:40,087 - I smoked them good, Boomer. - Oh, you are the man, X. 9 00:00:40,256 --> 00:00:42,379 - Plus you get all the luck. - Oh, yeah. 10 00:00:42,592 --> 00:00:45,083 Is this the man? 11 00:00:45,303 --> 00:00:47,046 Is this the man? 12 00:00:48,681 --> 00:00:50,259 Something wrong, CAG? 13 00:00:50,474 --> 00:00:52,134 Lieutenant Buxton, did you attack vehicles 14 00:00:52,310 --> 00:00:54,350 on the highway east of Zlata? 15 00:00:54,520 --> 00:00:55,551 Yes, sir. 16 00:00:55,730 --> 00:00:58,138 Serb armour about to cut off a group of refugees, sir. 17 00:00:58,357 --> 00:01:00,895 Those Serbs, Lieutenant Buxton, were Russian peacekeepers. 18 00:01:01,068 --> 00:01:03,641 You killed three of their senior officers. 19 00:02:06,092 --> 00:02:08,381 Commander Rabb was there? 20 00:02:10,054 --> 00:02:12,130 He was close by. He was not involved in the action. 21 00:02:12,306 --> 00:02:16,933 Well, that would be a first. You've gotta move on this, A.J. 22 00:02:17,144 --> 00:02:18,638 Mr. Secretary, with all due respect, 23 00:02:18,813 --> 00:02:20,770 we don't even know what happened yet. 24 00:02:20,982 --> 00:02:23,058 The Russians say this Lieutenant Buxton 25 00:02:23,234 --> 00:02:25,807 cold-bloodedly murdered three of their senior officers. 26 00:02:26,028 --> 00:02:28,649 Well, they were always so reliable during the Cold War. 27 00:02:28,823 --> 00:02:31,361 The Cold War is over, we hope. 28 00:02:31,534 --> 00:02:33,574 Now, do I need to tell you how important it is 29 00:02:33,744 --> 00:02:35,203 to keep them on our team in Kosovo? 30 00:02:35,371 --> 00:02:37,862 I pulled Lieutenant Buxton's service record, 31 00:02:38,040 --> 00:02:40,661 and he has excellent ratings across the board. 32 00:02:40,835 --> 00:02:43,124 Crackerjack pilot, 33 00:02:43,296 --> 00:02:45,917 likely next assignment Test Pilot School, 34 00:02:46,090 --> 00:02:47,288 could end up an astronaut. 35 00:02:47,466 --> 00:02:50,835 I was thinking something more along the lines of a court-martial. 36 00:02:51,012 --> 00:02:53,585 Sir, we still don't know what happened. 37 00:02:56,100 --> 00:02:57,594 Then find out. 38 00:03:21,876 --> 00:03:23,618 Thanks. 39 00:03:26,088 --> 00:03:28,164 Hey, stranger. 40 00:03:28,966 --> 00:03:31,539 - It's good to see you. - You too. 41 00:03:40,436 --> 00:03:41,515 So how was your trip? 42 00:03:42,772 --> 00:03:45,179 Lieutenant colonel? Ma'am. 43 00:03:47,151 --> 00:03:49,227 Well, this just happened. I was gonna tell you. 44 00:03:49,403 --> 00:03:51,312 My heartiest congratulations, ma'am. 45 00:03:52,114 --> 00:03:55,483 Thank you, commander. At ease. 46 00:03:56,577 --> 00:03:59,661 Can we get to work now? I could really use your help on this investigation. 47 00:03:59,830 --> 00:04:02,451 You know, the Russians are screaming bloody murder. 48 00:04:02,625 --> 00:04:05,626 The Pentagon doesn't know whether to go to war or dig a hole in the sand. 49 00:04:05,795 --> 00:04:07,622 Well, I'm no longer with the JAG Corps, ma'am. 50 00:04:07,797 --> 00:04:09,588 I'm an aviator. 51 00:04:09,966 --> 00:04:12,457 Oh, so you're not one of us, you're one of them. 52 00:04:12,635 --> 00:04:16,051 I will, of course, obey any lawful orders that you give me, ma'am. 53 00:04:16,264 --> 00:04:20,891 - I will try to keep them all lawful, then. - Aye, aye, ma'am. 54 00:04:30,444 --> 00:04:31,903 These things happen, colonel. 55 00:04:32,071 --> 00:04:34,942 Sometimes they do, captain, but they're not supposed to. 56 00:04:35,116 --> 00:04:37,025 What was Lieutenant Buxton supposed to be doing 57 00:04:37,201 --> 00:04:38,695 when he attacked the Russian vehicles? 58 00:04:38,868 --> 00:04:40,032 Monitoring the no-fly zone, 59 00:04:40,204 --> 00:04:42,695 keeping Yugoslavian aircraft out of our operational area 60 00:04:42,873 --> 00:04:44,866 as defined by the cease-fire agreement. 61 00:04:45,084 --> 00:04:46,911 The no-fly zone was up in the air, correct? 62 00:04:47,461 --> 00:04:48,624 He was also escorting a plane 63 00:04:48,795 --> 00:04:50,753 photographing suspected mass gravesites, 64 00:04:50,923 --> 00:04:53,046 and he was aware that rogue Serb forces 65 00:04:53,217 --> 00:04:57,297 have been slipping across the border, terrorising returning refugees. 66 00:04:57,470 --> 00:04:59,096 We have standing orders to prevent that. 67 00:04:59,265 --> 00:05:01,258 I see. Had the vehicles Lieutenant Buxton fired on 68 00:05:01,434 --> 00:05:05,099 been reported to be violating the cease-fire or terrorising refugees? 69 00:05:05,271 --> 00:05:06,730 Not to my knowledge. 70 00:05:08,149 --> 00:05:10,225 Captain, I'll need the HUD tapes from that mission. 71 00:05:10,401 --> 00:05:11,681 Also radio and radar readouts, 72 00:05:11,861 --> 00:05:14,019 a copy of Lieutenant Buxton's kneeboard cards, 73 00:05:14,196 --> 00:05:15,987 and a tape of the CVIC briefing. 74 00:05:16,157 --> 00:05:18,446 Everything Lieutenant Buxton saw before he went up. 75 00:05:18,659 --> 00:05:20,450 How about what he saw after he went up? 76 00:05:20,661 --> 00:05:22,903 I'm all ears, sir. 77 00:05:23,122 --> 00:05:25,411 - She talked to my RIO, sir. - She's just doing her job. 78 00:05:25,583 --> 00:05:28,702 She talked to my plane crew, talked to the damn Russian admiral. 79 00:05:28,878 --> 00:05:30,586 I can get to some people before she does. 80 00:05:30,755 --> 00:05:31,786 Don't do it, Buxton. 81 00:05:31,964 --> 00:05:33,707 They could pile on obstructing justice too. 82 00:05:33,883 --> 00:05:35,756 Those desk jockeys aren't gonna be happy 83 00:05:35,927 --> 00:05:38,762 until the X-Man's butt is polishing a rack in Leavenworth. 84 00:05:38,971 --> 00:05:41,129 Look, I know the colonel. I guarantee you she's fair. 85 00:05:41,307 --> 00:05:42,801 But does she understand? 86 00:05:43,017 --> 00:05:46,220 You were up there with me. You know what it's like. Come on, sir. 87 00:05:46,395 --> 00:05:48,269 You would have taken the shot, wouldn't you? 88 00:05:48,439 --> 00:05:49,470 I don't know that. 89 00:05:51,901 --> 00:05:54,143 Do you know how it felt, Pappy? 90 00:05:54,320 --> 00:05:57,771 Like a tool in a groove, like a hand in a glove. 91 00:05:58,491 --> 00:06:01,326 I mean, how many times have we practised strafing? 92 00:06:01,535 --> 00:06:05,699 If I get trained 20 years, my entire life, 93 00:06:05,873 --> 00:06:09,740 to fight in an aircraft and then retire without ever doing it, 94 00:06:09,919 --> 00:06:11,330 what would that make me? 95 00:06:12,004 --> 00:06:15,503 - Lucky. - Oh, come on. 96 00:06:15,675 --> 00:06:18,344 You just wanna bore holes in the sky your whole time in the Navy, 97 00:06:18,511 --> 00:06:21,298 or do you wanna do what you were built to do? 98 00:06:22,473 --> 00:06:25,807 Look, if I saw those trucks doing whatever it is you thought they were-- 99 00:06:26,018 --> 00:06:27,725 Driving. 100 00:06:29,438 --> 00:06:33,139 Driving? They were Yugoslavian and they were just driving? 101 00:06:33,317 --> 00:06:37,101 They were in the wrong place when I was in the right place. 102 00:06:37,280 --> 00:06:38,359 That's what I thought. 103 00:06:39,323 --> 00:06:41,197 You shouldn't be telling me this. 104 00:06:42,117 --> 00:06:43,909 Why? 105 00:06:47,373 --> 00:06:50,160 - Hello, admiral? - MacKenzie. 106 00:06:50,334 --> 00:06:51,614 That's the SECNAV, colonel. 107 00:06:51,794 --> 00:06:53,834 He wanted to hear your report firsthand. 108 00:06:54,005 --> 00:06:56,330 - Good morning, sir. - What have you got? 109 00:06:56,549 --> 00:06:59,668 Well, Lieutenant Buxton's orders were very clear, sir: 110 00:06:59,844 --> 00:07:01,172 "Do not engage ground forces 111 00:07:01,345 --> 00:07:04,299 without incontrovertible evidence of prohibited activity. 112 00:07:04,473 --> 00:07:05,504 If in doubt, 113 00:07:05,683 --> 00:07:07,925 call the battle force commander for authorisation." 114 00:07:08,144 --> 00:07:09,852 What did his RIO say? 115 00:07:10,021 --> 00:07:12,061 Well, he said he was too busy with his instruments 116 00:07:12,273 --> 00:07:13,732 to see what was happening. 117 00:07:13,941 --> 00:07:15,934 At ease, lieutenant. Are those the photographs? 118 00:07:16,110 --> 00:07:17,770 - Yes, sir, these were-- - Thank you. 119 00:07:17,945 --> 00:07:19,404 --Taken after the attack. 120 00:07:19,614 --> 00:07:22,781 The destroyed Russian vehicles had the letters K4 on their roofs and hoods. 121 00:07:22,950 --> 00:07:25,108 They were clearly marked as part of the peace force. 122 00:07:25,328 --> 00:07:28,080 If Lieutenant Buxton had bothered to take a look, which he didn't, 123 00:07:28,247 --> 00:07:30,156 radar shows he went down once, to strafe. 124 00:07:30,333 --> 00:07:34,200 - No identifying passes. - Sounds like we have plenty. 125 00:07:34,378 --> 00:07:35,789 Colonel MacKenzie, 126 00:07:35,963 --> 00:07:37,872 can you win a conviction on manslaughter? 127 00:07:38,549 --> 00:07:39,580 Maybe, sir. 128 00:07:39,759 --> 00:07:41,716 Disobeying orders would be a stronger case. 129 00:07:41,928 --> 00:07:43,422 Then we'll charge him with both. 130 00:07:49,644 --> 00:07:53,262 - I mean, you just never know, right? - Thanks. 131 00:07:59,153 --> 00:08:01,822 Bravo, colonel. Bravo. 132 00:08:02,823 --> 00:08:07,983 I thank you for seeking justice for our murdered colleagues. 133 00:08:08,204 --> 00:08:09,615 You like to sit with me? 134 00:08:09,830 --> 00:08:13,116 No, I'm sorry, I promised to sit with Commander Rabb. 135 00:08:19,924 --> 00:08:21,715 Why don't you give me the bubonic plague too 136 00:08:21,884 --> 00:08:22,915 while you're at it? 137 00:08:23,469 --> 00:08:24,963 Do you want me to eat in my stateroom 138 00:08:25,137 --> 00:08:26,762 so the other boys don't get mad at you? 139 00:08:26,973 --> 00:08:29,546 No, no, stay. 140 00:08:29,725 --> 00:08:32,761 I should warn you, though, that meat loaf was a bad choice. 141 00:08:32,937 --> 00:08:35,309 Right. Thanks. 142 00:08:35,982 --> 00:08:37,939 We haven't really had a chance to talk. 143 00:08:38,150 --> 00:08:40,059 Well, we've exchanged e-mails a few times. 144 00:08:40,236 --> 00:08:43,320 Of course, you failed to tell me of your promotion. 145 00:08:44,240 --> 00:08:45,900 Well, I didn't wanna take your mind off-- 146 00:08:46,075 --> 00:08:48,151 My new inferiority? 147 00:08:49,120 --> 00:08:52,571 - You feel inferior here? - Here? No, Mac. 148 00:08:52,748 --> 00:08:54,373 I was born to be a pilot. I belong here. 149 00:08:54,542 --> 00:08:57,163 So JAG, what, you were just killing time 150 00:08:57,336 --> 00:08:58,664 till you got your eyes fixed? 151 00:08:58,880 --> 00:09:00,125 No, JAG was fine, 152 00:09:00,298 --> 00:09:03,169 although I don't envy being in your shoes at the moment. 153 00:09:03,676 --> 00:09:07,674 Colonel MacKenzie, may I have a word with you? 154 00:09:09,849 --> 00:09:12,470 Manslaughter, ma'am? It isn't right. 155 00:09:12,685 --> 00:09:15,258 Court-martial will decide what's right, lieutenant. 156 00:09:16,564 --> 00:09:19,684 I was doing what I was supposed to do, 157 00:09:19,859 --> 00:09:20,938 what I was trained to do. 158 00:09:21,110 --> 00:09:22,984 This is not the time or the place. 159 00:09:23,195 --> 00:09:24,855 Ask the commander. He'll tell you, ma'am. 160 00:09:25,781 --> 00:09:28,699 - Tell me what? - What I did, why I did it. 161 00:09:28,868 --> 00:09:30,908 He understands. I told him what happened. 162 00:09:31,120 --> 00:09:32,745 - You told him everything? - Yes, ma'am. 163 00:09:32,914 --> 00:09:35,203 Well, then you just put him on my witness list. 164 00:09:35,416 --> 00:09:36,994 - Wait a minute. - You can't do that. 165 00:09:37,210 --> 00:09:40,377 - Actually, I can. - Yes, but she really doesn't want to. 166 00:09:40,588 --> 00:09:42,877 Because Commander Rabb is my lawyer. 167 00:09:43,799 --> 00:09:46,041 - What? - I thought you quit JAG. 168 00:09:46,260 --> 00:09:50,340 - I did quit JAG. I can't be your lawyer. - Well, you already are, sir. 169 00:09:50,514 --> 00:09:54,512 I told you things confidentially. You gave me legal advice. 170 00:09:54,727 --> 00:09:58,262 - He did? You did? - Well, maybe a little. 171 00:09:59,482 --> 00:10:00,762 You're my man, Pappy. 172 00:10:02,443 --> 00:10:06,488 Well, Pappy, I'll be seeing you in court. 173 00:10:25,424 --> 00:10:27,298 In what has become a familiar ritual, 174 00:10:27,468 --> 00:10:30,671 chanting Russians marched outside the American Embassy today, 175 00:10:30,846 --> 00:10:33,717 denouncing the deaths of three Russian officers in Kosovo. 176 00:10:33,891 --> 00:10:36,299 They're court-martialling the poor bastard who killed them. 177 00:10:36,477 --> 00:10:37,805 What else do they want? 178 00:10:37,979 --> 00:10:39,853 Well, they want you to lose, commander. 179 00:10:40,022 --> 00:10:41,101 Excuse me, sir? 180 00:10:41,274 --> 00:10:44,441 You're the lead counsel in defence of the poor bastard who killed them, 181 00:10:44,652 --> 00:10:47,772 so I suggest that you put "alleged" in that phrase from now on. 182 00:10:47,947 --> 00:10:49,940 I thought Commander Rabb had the case, sir. 183 00:10:50,116 --> 00:10:52,524 Well, I thought it was better that the attorney of record 184 00:10:52,702 --> 00:10:55,905 was a lawyer still sanctioned by the Navy to practise law. 185 00:10:56,122 --> 00:10:58,993 I don't think Rabb will be happy to see me, sir. 186 00:10:59,166 --> 00:11:02,037 Lieutenant, you'll assist Colonel MacKenzie in the prosecution. 187 00:11:02,253 --> 00:11:03,284 Aye, aye, sir. 188 00:11:03,462 --> 00:11:06,629 You and Brumby will leave for the Mediterranean at 1930 tonight. 189 00:11:06,799 --> 00:11:09,670 You can leave the office, say, 1700 to pack. 190 00:11:09,844 --> 00:11:13,047 We don't all have to be there for the investigation, do we, sir? 191 00:11:13,264 --> 00:11:16,051 Well, it is customary the attorneys attend the court-martial. 192 00:11:16,225 --> 00:11:18,134 It's gonna be held on the Patrick Henry. 193 00:11:18,352 --> 00:11:19,431 Why, sir? 194 00:11:19,604 --> 00:11:21,976 Well, the CAG made the not unreasonable point 195 00:11:22,148 --> 00:11:23,975 that the defendant, several of the witnesses, 196 00:11:24,150 --> 00:11:28,527 and one of the defence attorneys are active-duty pilots in a war zone. 197 00:11:28,696 --> 00:11:31,899 They may need to walk out of that courtroom and do their jobs. 198 00:11:32,074 --> 00:11:33,616 - That will be all. - Sir? 199 00:11:35,578 --> 00:11:38,116 Do you have any message for Commander Rabb? 200 00:11:38,289 --> 00:11:39,783 No. 201 00:12:02,563 --> 00:12:04,520 - Hey, how was your trip? - I don't know. 202 00:12:04,690 --> 00:12:06,683 I'll ask my stomach if I ever see it again. 203 00:12:06,901 --> 00:12:08,360 You've never been tailhooked before? 204 00:12:08,569 --> 00:12:10,858 My mother said it was a sin before marriage. 205 00:12:11,030 --> 00:12:13,651 Flight Deck Green Crew get on the line. 206 00:12:13,824 --> 00:12:16,149 - Bud. - Colonel. 207 00:12:16,369 --> 00:12:18,326 I'm ready to dive right into this case, ma'am. 208 00:12:18,537 --> 00:12:19,996 Somehow, Bud, you don't look it. 209 00:12:20,206 --> 00:12:21,784 Do you know where Commander Rabb is? 210 00:12:21,999 --> 00:12:24,039 Out there. 211 00:12:26,379 --> 00:12:28,206 He's keeping up his quals. 212 00:12:41,852 --> 00:12:43,928 We shouldn't even be having this conversation. 213 00:12:44,105 --> 00:12:46,477 What Lieutenant Buxton did isn't manslaughter. 214 00:12:46,649 --> 00:12:48,274 At worst, it's collateral damage. 215 00:12:48,442 --> 00:12:52,309 Any person who unlawfully kills a human being by culpable negligence 216 00:12:52,488 --> 00:12:54,694 is guilty of involuntary manslaughter. 217 00:12:54,865 --> 00:12:57,783 Actually, we could've charged murder. We're already giving you a break. 218 00:12:57,952 --> 00:12:59,327 I didn't murder anybody, ma'am. 219 00:12:59,495 --> 00:13:01,903 Lieutenant, now, you insisted that I be your lawyer, 220 00:13:02,081 --> 00:13:04,038 so listen to me. Be quiet. 221 00:13:04,250 --> 00:13:07,037 We might reduce the charge even further if your client pleads. 222 00:13:07,253 --> 00:13:09,329 - To what? - Negligent homicide. 223 00:13:09,547 --> 00:13:12,003 Three years confinement and a dishonourable discharge? 224 00:13:12,216 --> 00:13:14,043 For killing three people? It's a bargain. 225 00:13:14,260 --> 00:13:16,549 - Unacceptable. - Hold on, let's confer with our client. 226 00:13:16,721 --> 00:13:17,966 I know where my client stands. 227 00:13:18,139 --> 00:13:19,633 - How? - Am I allowed to talk now? 228 00:13:19,807 --> 00:13:20,838 - No. - Yeah. 229 00:13:21,017 --> 00:13:23,342 Maybe you three should have a conference among yourselves 230 00:13:23,519 --> 00:13:24,894 before you get together with us. 231 00:13:25,062 --> 00:13:26,556 - Excellent idea. - We don't need one. 232 00:13:29,108 --> 00:13:31,599 Well, they'll get it together eventually, Bud. 233 00:13:31,777 --> 00:13:34,482 For the "disobeying an order" count, we'll need to nail down 234 00:13:34,655 --> 00:13:38,273 that NATO rules of engagement qualify as a general order. 235 00:13:38,451 --> 00:13:41,820 I think the older precedents are on our side, but I want you to... 236 00:13:43,122 --> 00:13:45,791 Bud. Bud? 237 00:13:45,958 --> 00:13:47,583 Do you know what they're doing up there? 238 00:13:47,752 --> 00:13:49,828 They're landing 40,000 pounds of screaming metal 239 00:13:50,004 --> 00:13:52,756 onto a tiny speck in the middle of the ocean. 240 00:13:52,924 --> 00:13:54,964 That's what Lieutenant Buxton does for a living. 241 00:13:55,134 --> 00:13:56,759 Commander Rabb too. 242 00:13:56,928 --> 00:14:00,048 All I do is look up legal technicalities on a laptop computer. 243 00:14:00,264 --> 00:14:01,842 Well, would you feel better about it 244 00:14:02,016 --> 00:14:04,803 if your computer weighed 40,000 pounds? 245 00:14:07,521 --> 00:14:09,015 No, ma'am. 246 00:14:09,190 --> 00:14:11,266 Those precedents, do you want military courts only, 247 00:14:11,442 --> 00:14:12,473 or anything federal? 248 00:14:22,536 --> 00:14:23,699 Yes, ma'am, as the fleet JAG, 249 00:14:23,871 --> 00:14:26,444 I briefed the members of Squadron VF-218 250 00:14:26,666 --> 00:14:29,203 on the rules of engagement for Operation Joint Guard. 251 00:14:29,377 --> 00:14:31,998 Was the defendant, Lieutenant Buxton, present for the briefing? 252 00:14:32,171 --> 00:14:34,329 - Yes, ma'am. - So, what did you tell the squadron? 253 00:14:34,507 --> 00:14:36,167 Well, basically, that they could use force 254 00:14:36,342 --> 00:14:38,714 only when enemy forces were demonstrating hostile intent 255 00:14:38,886 --> 00:14:41,377 or committing hostile acts against NATO forces 256 00:14:41,556 --> 00:14:43,513 or civilians under our protection. 257 00:14:43,724 --> 00:14:45,966 And what if the situation was ambiguous? 258 00:14:46,185 --> 00:14:49,683 Then they were to pass requests to use force up the chain of command. 259 00:14:49,897 --> 00:14:53,681 And after you explained all that, what, if anything, did Lieutenant Buxton say? 260 00:14:53,901 --> 00:14:55,894 He said, "And if I need to scratch my six, 261 00:14:56,070 --> 00:14:57,897 do I have to call the president?" 262 00:14:58,072 --> 00:15:00,112 What is his six, Lieutenant Aldridge? 263 00:15:00,324 --> 00:15:02,566 - His behind, ma'am. - Thank you. 264 00:15:03,536 --> 00:15:06,288 I'm an S-3 pilot in Sea Control Squadron 28, 265 00:15:06,455 --> 00:15:09,658 attached to Air Wing 16 onboard USS Patrick Henry. 266 00:15:09,834 --> 00:15:11,494 We fly antisubmarine warfare missions. 267 00:15:11,669 --> 00:15:13,377 We also do in-flight refuel. 268 00:15:13,546 --> 00:15:14,874 Was there an occasion last month 269 00:15:15,047 --> 00:15:17,882 when you began and then aborted a refuelling of the defendant's plane? 270 00:15:18,050 --> 00:15:21,336 Objection. That occasion has nothing to do with the incident at issue here. 271 00:15:21,554 --> 00:15:23,381 What is the relevance, Colonel MacKenzie? 272 00:15:23,598 --> 00:15:26,516 - I believe it will soon become clear. - Give me a hint. 273 00:15:26,726 --> 00:15:29,478 Negligent carelessness is a key element of manslaughter. 274 00:15:29,645 --> 00:15:31,934 We will show that such carelessness by Lieutenant Buxton 275 00:15:32,106 --> 00:15:35,356 did not suddenly emerge on the day of the crime charged here. 276 00:15:35,568 --> 00:15:37,561 - I'll allow it. - Sir. 277 00:15:37,737 --> 00:15:42,198 - I'll allow it. Just keep it short. - Yes, sir. 278 00:15:42,366 --> 00:15:44,857 Lieutenant Mirvis, please describe that aborted refuelling. 279 00:15:45,036 --> 00:15:46,115 Yes, ma'am. 280 00:15:46,287 --> 00:15:48,695 Lieutenant Buxton radioed us that he was low on fuel. 281 00:15:48,915 --> 00:15:51,073 We were low ourselves, but we told him to come on over 282 00:15:51,250 --> 00:15:52,709 and I streamed my drogue. 283 00:15:52,919 --> 00:15:55,410 - I was about to give everything I had. - What happened then? 284 00:15:55,588 --> 00:15:57,913 We received an emergency call from another pilot. 285 00:15:58,090 --> 00:15:59,253 Actually, the commander. 286 00:16:01,552 --> 00:16:03,545 He'd had a bird strike and was streaming fuel. 287 00:16:03,721 --> 00:16:06,924 So two planes needing fuel and you low. 288 00:16:07,099 --> 00:16:09,886 What would standard operating procedure be in a situation like that? 289 00:16:10,102 --> 00:16:12,593 Give them both a little and direct them to another tanker. 290 00:16:12,813 --> 00:16:14,556 - Is that what happened? - No, ma'am. 291 00:16:15,066 --> 00:16:16,691 Lieutenant Buxton pulled away 292 00:16:16,859 --> 00:16:19,397 and said that he could make it back to the carrier okay. 293 00:16:19,570 --> 00:16:21,527 Really? Well, when he first radioed you, 294 00:16:21,697 --> 00:16:23,405 how much fuel did he tell you he needed? 295 00:16:23,616 --> 00:16:25,905 He said he needed 2,000 pounds. 296 00:16:26,118 --> 00:16:29,569 How much fuel was he supposed to be carrying in reserve when he landed? 297 00:16:29,997 --> 00:16:33,615 - Two thousand pounds. - Two thousand pounds he didn't have. 298 00:16:33,834 --> 00:16:36,040 He could've crashed, isn't that right, lieutenant? 299 00:16:36,254 --> 00:16:38,579 - He did land safely, colonel. - He barely landed at all. 300 00:16:38,756 --> 00:16:42,836 - Objection. - Withdrawn. No further questions. 301 00:16:43,970 --> 00:16:46,639 Lieutenant Mirvis, by declining to take fuel for himself, 302 00:16:46,806 --> 00:16:49,475 did Lieutenant Buxton accomplish anything that morning? 303 00:16:49,684 --> 00:16:50,847 Yes, sir. 304 00:16:51,018 --> 00:16:53,639 He made sure that you got enough to get back safely. 305 00:16:53,854 --> 00:16:55,645 Thank you. 306 00:17:21,716 --> 00:17:23,459 Look at that, commander. 307 00:17:23,634 --> 00:17:29,055 Getting up to 1,500 miles an hour, pulling six-G turns, 308 00:17:29,223 --> 00:17:33,137 finding a carrier deck on a night like this. 309 00:17:34,478 --> 00:17:35,806 You know what the pilots call us? 310 00:17:37,398 --> 00:17:38,678 "Legal weenies." 311 00:17:40,401 --> 00:17:44,481 Yeah, well, at least we don't have to go 1,500 miles an hour, 312 00:17:44,655 --> 00:17:48,320 pull six-G turns, or find a carrier deck on a night like this. 313 00:17:48,534 --> 00:17:51,654 Sorry, commander, I didn't mean to imply you should feel inadequate. 314 00:17:51,871 --> 00:17:55,287 Maybe they're the ones who feel inadequate, Bud. 315 00:18:03,925 --> 00:18:06,594 All right, how did you hear about the refuelling incident? 316 00:18:06,761 --> 00:18:09,169 Well, the Russian admiral told me. 317 00:18:09,347 --> 00:18:13,048 Apparently Buxton told him the story when they were jaw-jacking one night. 318 00:18:13,267 --> 00:18:15,888 That was before he started killing Russians. 319 00:18:16,062 --> 00:18:18,731 Harm, you knew he was pulling stunts like landing on fumes. 320 00:18:18,898 --> 00:18:20,689 He could've killed three people then. 321 00:18:20,858 --> 00:18:22,851 - He didn't. - He could have. 322 00:18:23,069 --> 00:18:25,145 I mean, you didn't blow the whistle. What was that? 323 00:18:25,321 --> 00:18:27,990 Some sort of macho pilot camaraderie? 324 00:18:28,199 --> 00:18:31,200 - You don't even like the guy. - I'm a pilot, Mac. 325 00:18:31,369 --> 00:18:34,536 I don't pull out my law book every time I see one of them jaywalk. 326 00:18:34,747 --> 00:18:38,081 Oh, so you let him jaywalk, and now here we are. 327 00:18:38,668 --> 00:18:42,167 Gives us an opportunity for another one of our friendly chats. 328 00:18:49,136 --> 00:18:51,888 What is your assignment in the Air Force, Captain Weston? 329 00:18:52,098 --> 00:18:54,767 I'm a senior strike controller on an E-2-Charlie Hawkeye 330 00:18:54,934 --> 00:18:56,393 flying out of Aviano. 331 00:18:56,561 --> 00:18:58,269 And what is your mission? 332 00:18:58,437 --> 00:19:00,346 We basically fly around on surveillance station 333 00:19:00,523 --> 00:19:01,768 for 12 hours at a time, 334 00:19:01,941 --> 00:19:05,392 providing command and control for allied aircraft over the truce area. 335 00:19:05,569 --> 00:19:08,524 - Do you tell NATO pilots what to do? - Yes, ma'am. 336 00:19:08,739 --> 00:19:10,364 You tell them what not to do? 337 00:19:10,533 --> 00:19:13,238 We do, or we provide a link to the command centre in Vicenza, 338 00:19:13,411 --> 00:19:14,441 and it tells them. 339 00:19:15,037 --> 00:19:17,908 Did you communicate one day last month with the defendant? 340 00:19:18,081 --> 00:19:20,620 - Yes, ma'am. - I renew my objection to this. 341 00:19:20,793 --> 00:19:22,287 The day the colonel is asking about 342 00:19:22,461 --> 00:19:24,999 is not the day of the incident we're concerned with here, sir. 343 00:19:25,172 --> 00:19:26,500 Is that right, Colonel MacKenzie? 344 00:19:26,674 --> 00:19:28,002 Yes, sir, it was another occasion 345 00:19:28,175 --> 00:19:30,748 when the defendant demonstrated dangerously reckless conduct. 346 00:19:30,970 --> 00:19:33,093 May we approach, sir? 347 00:19:37,143 --> 00:19:39,432 What exactly is this witness gonna testify to? 348 00:19:39,604 --> 00:19:41,929 A few days before the defendant started killing Russians, 349 00:19:42,106 --> 00:19:45,107 he defied warnings to stand down, crossed into Yugoslav airspace 350 00:19:45,276 --> 00:19:47,434 to chase a MiG that he had no right to chase, 351 00:19:47,611 --> 00:19:49,320 and was nearly shot down for his trouble. 352 00:19:49,530 --> 00:19:51,986 Now, Commander Rabb here saved his life. 353 00:19:52,199 --> 00:19:54,524 Commander, I'm beginning to think you should be a witness 354 00:19:54,702 --> 00:19:55,817 instead of defence counsel. 355 00:19:56,037 --> 00:19:58,113 Sir, my testimony would not be relevant. 356 00:19:58,289 --> 00:20:01,076 All mention of these incidents is prejudicial to the defendant. 357 00:20:01,250 --> 00:20:04,251 It's also a breach of Rule 404 of the Rules of Evidence. 358 00:20:04,420 --> 00:20:06,828 The prosecution cannot mention prior bad acts. 359 00:20:07,006 --> 00:20:10,173 - We can if they go to proof of motive. - What motive? 360 00:20:10,343 --> 00:20:13,344 Buxton had no motive to kill Russians. Even you grant it was unintended. 361 00:20:13,512 --> 00:20:16,963 Yes, but motivated by his desire to fight, his desire for glory, 362 00:20:17,141 --> 00:20:19,098 and his lack of concern over where he went 363 00:20:19,268 --> 00:20:20,431 or who he shot at to get it. 364 00:20:20,645 --> 00:20:24,061 That is completely unsubstantiated speculation, colonel. 365 00:20:24,232 --> 00:20:28,182 I can substantiate it if you'll allow me to show the pattern. 366 00:20:29,654 --> 00:20:32,110 Your objection, Commander Rabb, is overruled. 367 00:20:32,281 --> 00:20:34,108 Proceed, Colonel MacKenzie. 368 00:20:36,744 --> 00:20:41,287 - We're getting killed. - Your fault, mate. You saved him. 369 00:20:57,807 --> 00:20:59,432 And what was Lieutenant Buxton's mission 370 00:20:59,600 --> 00:21:01,758 on the day he attacked the Russian vehicles, captain? 371 00:21:01,936 --> 00:21:04,059 To patrol the no-fly zone and to escort a plane 372 00:21:04,230 --> 00:21:07,184 taking photographs of suspected mass gravesites. 373 00:21:07,358 --> 00:21:10,312 So nothing about killing Russian observers, 374 00:21:10,486 --> 00:21:11,601 is that correct, sir? 375 00:21:11,821 --> 00:21:14,146 There was a standing order to protect returning refugees 376 00:21:14,323 --> 00:21:16,861 from rogue elements of the Yugoslav military. 377 00:21:17,076 --> 00:21:18,487 Wasn't there also a standing order 378 00:21:18,661 --> 00:21:20,737 to query higher authority before firing at a target 379 00:21:20,913 --> 00:21:22,906 if there was anything ambiguous about it? 380 00:21:23,082 --> 00:21:25,917 If there was anything ambiguous about it, yes. 381 00:21:26,127 --> 00:21:29,081 And wasn't the defendant also subject to a standing rule of engagement 382 00:21:29,255 --> 00:21:31,827 not to use force except in response to a hostile act 383 00:21:32,008 --> 00:21:34,464 or a clear demonstration of hostile intent? 384 00:21:34,635 --> 00:21:37,801 - Yes. - Thank you, captain. 385 00:21:39,640 --> 00:21:41,965 Captain Pike, were the refugees in the vicinity 386 00:21:42,143 --> 00:21:44,219 of the vehicles Lieutenant Buxton attacked? 387 00:21:44,437 --> 00:21:45,931 Yes, a mile or two down the road. 388 00:21:46,147 --> 00:21:48,685 - In the direction the vehicles headed? - Yes. 389 00:21:48,900 --> 00:21:51,735 Were Yugoslavian vehicles supposed to be anywhere near those refugees? 390 00:21:51,903 --> 00:21:53,694 - No. - Why not, sir? 391 00:21:53,863 --> 00:21:56,354 Because the week before, they shot ten people there. 392 00:21:56,574 --> 00:21:59,409 So, captain, as a combat officer, in your opinion, 393 00:21:59,577 --> 00:22:01,783 was it reasonable to infer hostile intent 394 00:22:01,954 --> 00:22:04,908 to Yugoslavian vehicles headed in that direction on that road? 395 00:22:05,124 --> 00:22:08,493 - Yes. - Thank you, sir. No further questions. 396 00:22:08,669 --> 00:22:10,044 "Reasonable to infer." 397 00:22:10,213 --> 00:22:13,048 Now, doesn't "infer" imply that there was some sort of ambiguity 398 00:22:13,216 --> 00:22:14,247 in the situation? 399 00:22:14,425 --> 00:22:16,998 It implies the pilot had to make a judgement. 400 00:22:17,220 --> 00:22:19,213 The type of judgement that was supposed to be made 401 00:22:19,387 --> 00:22:20,966 by a senior authority, 402 00:22:21,140 --> 00:22:23,346 not an amped-up pilot looking for a shot at glory. 403 00:22:23,517 --> 00:22:25,593 - Objection. - Sustained. 404 00:22:25,770 --> 00:22:28,641 Colonel, I would say you had to be there. 405 00:22:28,856 --> 00:22:30,184 Well, since that's not possible, 406 00:22:30,358 --> 00:22:33,063 we're just gonna have to do the best we can right here. 407 00:22:33,236 --> 00:22:35,276 No further questions. 408 00:22:35,446 --> 00:22:36,905 Let me have a crack at it, mate. 409 00:22:37,490 --> 00:22:40,242 Captain Pike, as air wing commander, you are responsible 410 00:22:40,409 --> 00:22:43,113 for the competent operation of every plane in the group, correct? 411 00:22:43,329 --> 00:22:44,574 Yes. 412 00:22:45,081 --> 00:22:48,699 For example, if you noticed that a pilot was drunk as he entered the cockpit, 413 00:22:48,876 --> 00:22:51,248 it would be your duty to prevent that, wouldn't it? 414 00:22:51,420 --> 00:22:52,998 Yes, commander. 415 00:22:53,172 --> 00:22:54,666 Captain, are you aware of an incident 416 00:22:54,840 --> 00:22:58,291 in which Lieutenant Buxton returned to the carrier dangerously low on fuel? 417 00:22:58,511 --> 00:23:00,504 There was an occasion when he had a lower reserve 418 00:23:00,680 --> 00:23:02,589 than regulations require. 419 00:23:02,765 --> 00:23:03,844 What's he doing? 420 00:23:04,016 --> 00:23:07,052 And did you discipline the lieutenant for that infraction, sir? 421 00:23:07,270 --> 00:23:09,891 - I counselled him. - Counselled him? 422 00:23:10,064 --> 00:23:12,021 Then are you aware of a subsequent incident 423 00:23:12,233 --> 00:23:14,391 in which the lieutenant conducted unauthorised pursuit 424 00:23:14,569 --> 00:23:17,190 of a Yugoslav MiG and was nearly shot down? 425 00:23:17,363 --> 00:23:20,317 Sir, may I confer with cocounsel? 426 00:23:20,533 --> 00:23:23,285 - Now? - It'll take but a minute, sir. 427 00:23:23,494 --> 00:23:25,119 Very well. 428 00:23:27,748 --> 00:23:29,408 What the hell are you doing up there? 429 00:23:29,625 --> 00:23:32,294 - Trying to get our client off the hook. - Doesn't sound that way. 430 00:23:32,461 --> 00:23:34,454 I'm stuck with lemons, Harm. I'm making lemonade. 431 00:23:34,630 --> 00:23:37,916 - Short recess, sir? - Ten minutes. 432 00:23:39,760 --> 00:23:42,002 When were you gonna let me in on this strategy, Brumby? 433 00:23:42,179 --> 00:23:46,426 Just came to me, a desperation move after you struck out on your cross. 434 00:23:46,601 --> 00:23:48,261 - I struck out? - Correction: 435 00:23:48,436 --> 00:23:51,639 - Colonel MacKenzie struck you out. - Were you and I in the same room? 436 00:23:51,814 --> 00:23:52,977 Look, Harm, she hammered us, 437 00:23:53,149 --> 00:23:55,521 getting those previous reckless acts into the record. 438 00:23:55,693 --> 00:23:58,611 - They weren't reckless, commander. - No, they were insane. 439 00:23:58,779 --> 00:24:01,531 - We'll deal with them. - I am dealing with them. 440 00:24:01,741 --> 00:24:04,030 Making them work to our advantage by shifting blame 441 00:24:04,201 --> 00:24:06,870 for the deaths of the Russians to Captain Pike. 442 00:24:07,079 --> 00:24:09,155 What's the CAG got to do with this? 443 00:24:09,373 --> 00:24:10,867 Four years ago an Air Group commander 444 00:24:11,042 --> 00:24:14,162 was successfully court-martialled for dereliction of duty 445 00:24:14,337 --> 00:24:17,338 after the fatal crash of a pilot under his command 446 00:24:17,506 --> 00:24:19,297 with a history of reckless flying. 447 00:24:19,800 --> 00:24:20,831 So? 448 00:24:21,052 --> 00:24:22,961 So the commander should've grounded the pilot. 449 00:24:23,137 --> 00:24:26,720 After your stunts, the CAG should have grounded you. 450 00:24:26,891 --> 00:24:30,307 Strictly speaking, it's not a defence, but it could influence the members. 451 00:24:31,270 --> 00:24:32,812 So you're trying to get me off 452 00:24:32,980 --> 00:24:35,388 by telling these people that I shouldn't be allowed to fly? 453 00:24:35,858 --> 00:24:37,981 - Yeah. - Sir, you're fired. 454 00:24:38,194 --> 00:24:40,767 Fine. You tell him, Harm. 455 00:24:42,156 --> 00:24:45,157 It's not fair to the CAG, and it could backfire, Brumby. 456 00:24:45,326 --> 00:24:46,951 I'm not talking about fair. 457 00:24:47,119 --> 00:24:49,575 This is all we've got to get our client acquitted of a crime 458 00:24:49,747 --> 00:24:52,416 that could land him in jail for ten bloody years, mate. 459 00:24:52,583 --> 00:24:55,869 That's my job, Harm. It's your job too, remember? 460 00:25:01,551 --> 00:25:02,926 It could work. 461 00:25:03,135 --> 00:25:06,089 I don't care if it gets me a ticker-tape parade. 462 00:25:06,264 --> 00:25:07,758 I am not gonna slam the CAG, 463 00:25:07,932 --> 00:25:10,886 and I'm not gonna tell these people I'm not competent to fly. 464 00:25:11,060 --> 00:25:12,887 So would you rather go to jail for ten years? 465 00:25:13,104 --> 00:25:15,180 I'd rather go to jail for 10,000 years, sir. 466 00:25:16,899 --> 00:25:19,568 I guess we're trying something else, Brumby. 467 00:25:25,116 --> 00:25:27,239 Hey, the mystery recess over? 468 00:25:27,410 --> 00:25:29,735 Are you gonna go back in there and try to lynch the CAG? 469 00:25:29,912 --> 00:25:32,154 Actually, there will be no further questions, colonel. 470 00:25:32,331 --> 00:25:34,240 Isn't this a terrible comedown for you, though? 471 00:25:34,417 --> 00:25:36,540 I mean, out of the air and back into the courtroom? 472 00:25:36,710 --> 00:25:39,831 Terrible? No, except for working with Brumby. 473 00:25:40,006 --> 00:25:44,300 Well, I guess for you it's just one case and then, you know, you're done. 474 00:25:45,177 --> 00:25:48,628 - What's with him? - He's a legal weenie. 475 00:25:52,393 --> 00:25:53,424 I can assure you, 476 00:25:53,603 --> 00:25:56,557 no one is trying to diminish the deaths of the Russian officers. 477 00:25:56,731 --> 00:25:58,190 I should hope not. 478 00:25:58,399 --> 00:26:00,890 - I just have a few questions, sir. - Shoot. 479 00:26:03,112 --> 00:26:05,603 Can you tell us what this is, admiral? 480 00:26:06,407 --> 00:26:08,945 That is the flag of my country, Russia. 481 00:26:09,118 --> 00:26:10,861 This the same flag that was flown 482 00:26:11,037 --> 00:26:13,029 by the armed column Lieutenant Buxton attacked? 483 00:26:13,247 --> 00:26:14,527 Of course. 484 00:26:14,749 --> 00:26:19,909 - Can you tell us what this is, sir? - That is the flag of Yugoslavia. 485 00:26:20,630 --> 00:26:24,295 - Very similar, wouldn't you say, sir? - I suppose. 486 00:26:24,508 --> 00:26:28,422 I would like these marked Defence Exhibits 7 and 8, sir. 487 00:26:30,014 --> 00:26:32,339 Can you tell us what this is, sir? 488 00:26:35,061 --> 00:26:37,303 An armoured command vehicle, 489 00:26:37,521 --> 00:26:39,514 the same type that the lieutenant destroyed. 490 00:26:39,732 --> 00:26:42,401 - A BTR-60, is that correct, sir? - I believe. 491 00:26:42,568 --> 00:26:45,320 Are these same vehicles used by the Yugoslavian army? 492 00:26:45,529 --> 00:26:46,608 So what? 493 00:26:46,781 --> 00:26:48,690 This one was just driving down the road. 494 00:26:48,908 --> 00:26:50,735 - Is that a yes, admiral? - Yes. 495 00:26:50,910 --> 00:26:52,819 But this belonged to the peacekeeping force. 496 00:26:53,037 --> 00:26:56,073 - It had the initials on the side. - Thank you, sir. No further questions. 497 00:26:56,249 --> 00:26:57,992 The headquarters knew this. 498 00:26:58,167 --> 00:27:00,836 - The radio channel was open. - Thank you, sir. 499 00:27:01,003 --> 00:27:04,502 The idiot is supposed to ask before he shoots. 500 00:27:04,674 --> 00:27:06,049 Thank you, admiral. 501 00:27:08,678 --> 00:27:11,513 I had heard reports of what the Serbs were doing to the refugees. 502 00:27:11,681 --> 00:27:14,884 - And what was that? - Objection. Hearsay and irrelevant. 503 00:27:15,059 --> 00:27:17,099 It goes to the defendant's state of mind, sir. 504 00:27:17,270 --> 00:27:18,681 Overruled. 505 00:27:18,854 --> 00:27:21,523 - What had you heard, lieutenant? - That they killed them. 506 00:27:21,691 --> 00:27:23,600 They raped them. They shot children. 507 00:27:24,443 --> 00:27:26,317 What were your orders regarding all of that? 508 00:27:26,529 --> 00:27:28,071 "Don't let it happen again." 509 00:27:28,281 --> 00:27:29,740 So was this going through your mind 510 00:27:29,907 --> 00:27:32,398 when you saw the Russian column moving toward the refugees? 511 00:27:32,618 --> 00:27:33,946 I didn't know they were Russian. 512 00:27:34,120 --> 00:27:36,907 Intel didn't say anything about Russians being in that area. 513 00:27:37,415 --> 00:27:40,202 - They looked like Serbs, commander. - Looked like? 514 00:27:40,376 --> 00:27:43,163 - Why didn't you radio for information? - I didn't have enough time. 515 00:27:43,337 --> 00:27:46,788 The road was winding into the woods, and I knew they'd get to the refugees. 516 00:27:46,966 --> 00:27:49,006 I had to take the shot then or not at all. 517 00:27:49,218 --> 00:27:51,507 You didn't see the peace-force insignia on the vehicles? 518 00:27:51,679 --> 00:27:54,431 No, sir, I was flying at 400 knots. 519 00:27:54,599 --> 00:27:57,386 Well, then how did you identify them as Serbian, lieutenant? 520 00:27:57,602 --> 00:28:01,469 My kneeboard card has silhouettes of Yugoslavian armour. 521 00:28:01,647 --> 00:28:04,316 - And I'd seen them before. - When? 522 00:28:04,525 --> 00:28:06,933 During the bombing campaign before the cease-fire, 523 00:28:07,111 --> 00:28:09,602 when they wouldn't allow us to fly low enough to stop them. 524 00:28:09,822 --> 00:28:11,613 Stop them from what, lieutenant? 525 00:28:11,824 --> 00:28:16,616 We were out there that day taking pictures of mass gravesites, sir. 526 00:28:16,787 --> 00:28:18,614 I didn't want there to be any more gravesites 527 00:28:18,789 --> 00:28:21,197 because I didn't do what I had a chance to do. 528 00:28:21,417 --> 00:28:23,077 Thank you, lieutenant. 529 00:28:25,838 --> 00:28:28,958 After the cease-fire, you were briefed on the rules of engagement? 530 00:28:29,467 --> 00:28:31,923 - Yes, ma'am. - You mocked them. 531 00:28:32,386 --> 00:28:33,880 I made a joke, colonel. 532 00:28:34,096 --> 00:28:36,338 But you asked if you needed to call the president 533 00:28:36,515 --> 00:28:38,673 when you wanted to scratch yourself. 534 00:28:39,477 --> 00:28:41,635 Pilots make jokes in the ready room, ma'am. 535 00:28:41,812 --> 00:28:43,686 You know, we're in kind of a tense business. 536 00:28:43,898 --> 00:28:47,267 - Oh, so you did respect the rules? - Yes, ma'am. 537 00:28:47,443 --> 00:28:49,899 You ignored them when you chased that MiG into Yugoslavia. 538 00:28:50,112 --> 00:28:53,813 - Objection. Is that a question? - I'll rephrase. 539 00:28:53,991 --> 00:28:55,236 Why did you chase that MiG 540 00:28:55,409 --> 00:28:57,982 in violation of the rules of engagement? 541 00:28:58,162 --> 00:29:00,618 It adopted an offensive posture toward me, ma'am. 542 00:29:00,790 --> 00:29:03,577 An offensive posture nobody else saw. 543 00:29:03,793 --> 00:29:05,287 Nobody was there but me, colonel. 544 00:29:05,503 --> 00:29:06,783 And nobody else seemed to think 545 00:29:06,963 --> 00:29:09,205 the Russian peace observers were rogue Serbs. 546 00:29:09,382 --> 00:29:12,336 Now, why are you the only one who sees these things? 547 00:29:12,510 --> 00:29:14,882 - Objection. Argumentative. - Overruled. 548 00:29:15,054 --> 00:29:16,513 I didn't make it up, ma'am. 549 00:29:16,722 --> 00:29:19,178 You were itching for a fight, weren't you, lieutenant? 550 00:29:19,350 --> 00:29:21,307 What's wrong with that? I'm a combat pilot. 551 00:29:21,519 --> 00:29:23,227 Oh, so you are eager for combat? 552 00:29:23,813 --> 00:29:25,093 Well, I didn't join the Navy 553 00:29:25,273 --> 00:29:27,431 to learn computer programming, colonel. 554 00:29:28,276 --> 00:29:30,150 I joined to fight for my country. 555 00:29:30,319 --> 00:29:33,569 And if there was nobody to fight, you would find somebody to fight. 556 00:29:34,407 --> 00:29:36,150 I was just doing my job, ma'am. 557 00:29:36,367 --> 00:29:39,154 The rules of engagement got in the way of your job, didn't they? 558 00:29:39,370 --> 00:29:40,912 I thought they were pusillanimous. 559 00:29:41,122 --> 00:29:44,076 - Sir-- - They were wimpy? Geeky? 560 00:29:44,250 --> 00:29:46,408 What, not appropriate for a warrior like you? 561 00:29:46,586 --> 00:29:50,204 Sir, this entire line of questioning is argumentative. 562 00:29:50,423 --> 00:29:52,083 - It's cross-examination. - Overruled. 563 00:29:52,300 --> 00:29:54,293 How wimpy were they, lieutenant? 564 00:29:54,510 --> 00:29:55,541 Back during the bombing, 565 00:29:55,720 --> 00:29:57,926 we weren't allowed to fly lower than 15,000 feet 566 00:29:58,097 --> 00:29:59,556 so we wouldn't get hurt, 567 00:29:59,765 --> 00:30:02,470 while people on the ground were being slaughtered. 568 00:30:02,643 --> 00:30:04,268 Now, I didn't join a combat organisation 569 00:30:04,478 --> 00:30:06,221 to avoid getting hurt, colonel. 570 00:30:06,439 --> 00:30:08,017 Now, I think it's an ass-backward war 571 00:30:08,190 --> 00:30:10,977 where a stated purpose is to have no military casualties. 572 00:30:11,193 --> 00:30:14,443 You think? Do you care what the National Command Authorities think? 573 00:30:14,655 --> 00:30:16,944 I do what they say, ma'am. I just don't have to like it. 574 00:30:17,116 --> 00:30:19,109 So you get around it by seeing what you wanna see, 575 00:30:19,285 --> 00:30:22,120 and now we have three dead peace-force observers. 576 00:30:22,288 --> 00:30:24,197 - Objection. - Sit down, commander. 577 00:30:24,373 --> 00:30:25,488 I didn't mean to kill them. 578 00:30:25,666 --> 00:30:28,453 You didn't care enough to find out who it was you were killing. 579 00:30:28,669 --> 00:30:30,626 - Sir, l-- - Sit down, commander. 580 00:30:31,631 --> 00:30:33,873 Take a look at those flags, ma'am. They look alike. 581 00:30:34,050 --> 00:30:37,549 You couldn't see the flag. You were going 400 knots. 582 00:30:37,720 --> 00:30:39,131 And when you got back to the ship, 583 00:30:39,305 --> 00:30:40,965 didn't you celebrate with your pilot pals? 584 00:30:41,140 --> 00:30:43,845 Military men celebrate when they kill the enemy, ma'am. 585 00:30:44,018 --> 00:30:47,802 - Somebody who looks like the enemy. - They were close enough, colonel. 586 00:30:51,943 --> 00:30:54,066 No, they weren't, lieutenant. 587 00:30:55,071 --> 00:30:56,351 No, they weren't. 588 00:31:14,006 --> 00:31:15,631 Maybe if we get him to plead guilty now, 589 00:31:15,800 --> 00:31:17,957 they won't keelhaul him. 590 00:31:20,555 --> 00:31:21,835 What are you looking for, mate? 591 00:31:22,014 --> 00:31:24,505 A magic spell to make our client not an idiot? 592 00:31:24,684 --> 00:31:27,389 He said he thought they were the enemy, Brumby. 593 00:31:27,562 --> 00:31:29,056 He didn't know who the hell they were. 594 00:31:29,230 --> 00:31:31,519 Colonel MacKenzie made that pretty clear. 595 00:31:31,691 --> 00:31:33,482 But she can't prove what he was thinking. 596 00:31:33,651 --> 00:31:35,691 They can still choose to believe him. 597 00:31:35,861 --> 00:31:38,019 Whatever he was thinking, he crossed the line. 598 00:31:38,197 --> 00:31:39,940 He wasn't supposed to go off halfcocked. 599 00:31:40,116 --> 00:31:43,117 Actually, I think we should argue that he was required to. 600 00:31:43,911 --> 00:31:45,536 Excuse me? 601 00:31:45,746 --> 00:31:48,035 I'm gonna put Buxton back on the stand for redirect. 602 00:31:49,250 --> 00:31:52,417 - You're kidding, right? - No, desperate. 603 00:31:54,505 --> 00:31:57,340 How did you become a Naval officer, lieutenant? 604 00:31:57,508 --> 00:32:00,046 I went through ROTC at Texas A&M, sir. 605 00:32:00,219 --> 00:32:03,054 As part of your training there, did you take a course in military law? 606 00:32:03,264 --> 00:32:04,295 Yes, sir. 607 00:32:04,473 --> 00:32:07,474 Did that course cover the aspects of the Uniform Code of Military Justice 608 00:32:07,643 --> 00:32:10,051 that apply to you as an officer in the United States Navy? 609 00:32:10,271 --> 00:32:11,302 Yes, sir. 610 00:32:11,480 --> 00:32:14,185 Do you remember being instructed about article 99? 611 00:32:15,525 --> 00:32:16,557 I do, sir. 612 00:32:16,736 --> 00:32:19,308 Let me read you a section of that article, lieutenant. 613 00:32:19,530 --> 00:32:23,195 Objection. Lieutenant Buxton is not charged with violating article 99. 614 00:32:23,409 --> 00:32:25,069 He had reason to believe he would be, sir, 615 00:32:25,244 --> 00:32:27,402 if he failed to attack that column. 616 00:32:27,622 --> 00:32:29,365 This is not possibly relevant, Your Honour. 617 00:32:29,540 --> 00:32:30,951 Worse, it's a flagrant attempt 618 00:32:31,125 --> 00:32:33,248 to introduce a separate, confusing issue. 619 00:32:33,461 --> 00:32:35,703 If it confused Lieutenant Buxton, it makes it relevant. 620 00:32:35,880 --> 00:32:38,169 - Read what you were going to read. - Your Honour-- 621 00:32:38,341 --> 00:32:40,168 I'm not saying he can do what he wants to do, 622 00:32:40,343 --> 00:32:42,086 I just wanna find out what that is. 623 00:32:42,303 --> 00:32:44,675 Uniform Code of Military Justice, article 99: 624 00:32:44,889 --> 00:32:47,890 "Any person who before or in the presence of the enemy 625 00:32:48,059 --> 00:32:50,182 runs away or willfully fails to do his utmost 626 00:32:50,353 --> 00:32:54,267 to encounter, engage, capture or destroy combatants, 627 00:32:54,440 --> 00:32:55,934 vessels, aircraft, or any other thing 628 00:32:56,108 --> 00:32:58,599 which it is his duty to encounter, engage, capture or destroy 629 00:32:58,778 --> 00:33:00,652 shall be punished by death 630 00:33:00,821 --> 00:33:03,988 or such other punishment as a court-martial may direct." 631 00:33:04,158 --> 00:33:05,736 Your point being, commander? 632 00:33:05,952 --> 00:33:08,787 Lieutenant Buxton reasonably feared, sir, being court-martialled 633 00:33:08,955 --> 00:33:10,449 if he failed to attack that column. 634 00:33:10,623 --> 00:33:12,497 Article 99 only requires combatants 635 00:33:12,667 --> 00:33:15,787 to attack those things they have a duty to attack. 636 00:33:16,003 --> 00:33:17,081 If we're gonna argue this, 637 00:33:17,255 --> 00:33:20,624 I suggest that we do it outside of the hearing of the members. 638 00:33:20,841 --> 00:33:22,750 Members have a right to hear relevant argument. 639 00:33:22,927 --> 00:33:24,967 This is not relevant, Your Honour. 640 00:33:25,137 --> 00:33:27,046 If a fighting man fears he will be punished 641 00:33:27,223 --> 00:33:29,299 for not doing what he sees as his duty-- 642 00:33:29,517 --> 00:33:31,095 - Your Honour. - Approach. 643 00:33:36,774 --> 00:33:39,312 That was an attempt to appeal to the emotions of the members. 644 00:33:39,485 --> 00:33:40,944 It's a legitimate defence, colonel. 645 00:33:41,153 --> 00:33:43,193 Only if Buxton had a duty to attack that column, 646 00:33:43,364 --> 00:33:45,191 which, as a matter of fact, he did not. 647 00:33:45,366 --> 00:33:47,442 I think a "reasonable man" standard is appropriate. 648 00:33:47,618 --> 00:33:50,405 Would a reasonable man in Buxton's position believe he could be--? 649 00:33:50,621 --> 00:33:53,326 Executed? For not shooting at the wrong people? 650 00:33:53,541 --> 00:33:56,293 Is that really what you think Lieutenant Buxton was thinking about? 651 00:33:56,502 --> 00:33:58,958 I don't know, I was gonna ask him, when you objected. 652 00:33:59,130 --> 00:34:02,001 Cute, commander. But the objection is sustained. 653 00:34:02,174 --> 00:34:03,502 You will confine your questioning 654 00:34:03,675 --> 00:34:05,834 to offences the defendant is accused of committing. 655 00:34:06,012 --> 00:34:08,633 - Thank you, Your Honour. - Step back. 656 00:34:09,932 --> 00:34:11,212 The defence rests, sir. 657 00:34:11,392 --> 00:34:15,010 Fine. Summations tomorrow. We're adjourned. 658 00:34:17,273 --> 00:34:19,266 Is there anything else I can help you with, ma'am? 659 00:34:19,483 --> 00:34:21,310 No, my closing will be pretty straightforward. 660 00:34:21,485 --> 00:34:23,976 I don't think Harm hurt us enough to do anything differently. 661 00:34:24,155 --> 00:34:26,064 We're gonna win this one, Bud. 662 00:34:26,240 --> 00:34:28,731 Okay. Great. 663 00:34:28,910 --> 00:34:33,122 - Try to contain your enthusiasm. - I'm sorry, ma'am. 664 00:34:34,165 --> 00:34:36,870 Bud, what's wrong? 665 00:34:40,421 --> 00:34:42,994 I don't know, ma'am. It's just that... 666 00:34:43,174 --> 00:34:46,210 It's being around all these people with combat roles. 667 00:34:47,053 --> 00:34:49,544 Lieutenant Roberts, you are a fine lawyer 668 00:34:49,722 --> 00:34:51,513 and a fine Naval officer. 669 00:34:52,391 --> 00:34:54,847 Thanks, ma'am, but being a lawyer around here, 670 00:34:55,019 --> 00:34:58,388 it just doesn't seem so manly. 671 00:34:58,606 --> 00:35:01,227 Bud, you are a great father and a great husband. 672 00:35:01,400 --> 00:35:04,520 I mean, just ask Harriet how manly you are. 673 00:35:04,737 --> 00:35:06,564 I suppose. 674 00:35:06,739 --> 00:35:08,897 It's just that she's been so busy with the baby. 675 00:35:11,869 --> 00:35:15,701 - You know? - Harriet's been tired? 676 00:35:16,290 --> 00:35:18,781 Getting up in the middle of the night to nurse the baby and-- 677 00:35:18,960 --> 00:35:21,416 - Not that she shouldn't. - So you and she...? 678 00:35:21,629 --> 00:35:24,381 - We're very tired, ma'am. - You and she aren't--? 679 00:35:24,549 --> 00:35:25,664 It's normal. 680 00:35:25,841 --> 00:35:28,379 And they say it only lasts 681 00:35:28,844 --> 00:35:31,596 for a few years. 682 00:35:34,892 --> 00:35:36,055 Good night, ma'am. 683 00:35:36,978 --> 00:35:38,887 Good night. 684 00:35:49,448 --> 00:35:50,907 This is Lieutenant Colonel MacKenzie 685 00:35:51,075 --> 00:35:53,068 requesting a phone patch to the States. 686 00:35:56,414 --> 00:35:58,537 This is a simple case. 687 00:35:58,708 --> 00:36:00,535 Lieutenant Buxton was ordered not to use force 688 00:36:00,710 --> 00:36:02,833 except in response to a hostile act. 689 00:36:03,004 --> 00:36:05,958 Well, instead, he used force in the absence of any hostile act. 690 00:36:06,173 --> 00:36:09,127 Lieutenant Buxton was ordered to seek guidance from higher authorities 691 00:36:09,302 --> 00:36:12,967 if he had any doubt about the potential target of his force. 692 00:36:13,180 --> 00:36:17,759 Instead, he acted alone, on his own very mistaken perception. 693 00:36:17,977 --> 00:36:20,183 A mistaken perception willed into being 694 00:36:20,354 --> 00:36:23,355 by his reckless and careless desire to find a fight, 695 00:36:23,524 --> 00:36:26,229 even when there was no fight to find. 696 00:36:26,402 --> 00:36:28,975 As a result of his recklessness and disobedience, 697 00:36:29,155 --> 00:36:32,405 three officers are dead, 698 00:36:33,034 --> 00:36:36,284 their lives taken by an action that is unlawful in Russia, 699 00:36:36,454 --> 00:36:39,325 unlawful in Yugoslavia, unlawful in autonomous Kosovo, 700 00:36:39,498 --> 00:36:42,748 and most importantly, unlawful in the United States Navy. 701 00:36:42,959 --> 00:36:45,118 Lieutenant Buxton disobeyed his lawful orders, 702 00:36:45,338 --> 00:36:49,170 and as a result, he caused three wrongful deaths. 703 00:36:49,342 --> 00:36:52,296 It is your duty to find him guilty. 704 00:36:54,680 --> 00:36:57,432 What is the Navy for? 705 00:36:57,642 --> 00:36:59,385 Why do we put on these uniforms, 706 00:36:59,560 --> 00:37:05,183 train for years to fly our aircraft, to steer these ships? 707 00:37:05,858 --> 00:37:08,610 The basic answer is to keep our country safe, 708 00:37:08,778 --> 00:37:11,898 to display so much strength that no aggressor would dare attack us 709 00:37:12,073 --> 00:37:14,860 for fear of suffering dire consequences. 710 00:37:15,034 --> 00:37:16,943 But what happens when an aggressor does attack? 711 00:37:17,119 --> 00:37:20,286 Maybe not us, but people under our protection. 712 00:37:21,123 --> 00:37:23,448 Do we still just display strength? 713 00:37:23,626 --> 00:37:29,130 Fly, sail, march, but do nothing? Or not enough? 714 00:37:29,632 --> 00:37:32,301 Lieutenant Buxton didn't think so. 715 00:37:32,760 --> 00:37:35,085 And after weeks of flying at 15,000 feet 716 00:37:35,263 --> 00:37:37,256 while the people we were supposed to be protecting 717 00:37:37,431 --> 00:37:39,756 were being slaughtered on the ground, 718 00:37:39,934 --> 00:37:42,769 he was given an order one day to fly low. 719 00:37:42,937 --> 00:37:45,226 And flying low, 720 00:37:45,398 --> 00:37:48,434 he saw what he thought was a hostile force 721 00:37:48,609 --> 00:37:50,981 engaged in a hostile act. 722 00:37:51,153 --> 00:37:53,774 So he did what Naval officers are supposed to do. 723 00:37:53,948 --> 00:37:57,115 He used his intelligence, he used his initiative, 724 00:37:57,285 --> 00:37:59,325 he made a decision, and he acted. 725 00:37:59,537 --> 00:38:04,697 Now, if we judge that action just by its unfortunate consequences, 726 00:38:04,917 --> 00:38:07,040 what message are we sending to future Naval aviators 727 00:38:07,211 --> 00:38:08,919 who see something evil in a war zone? 728 00:38:09,130 --> 00:38:12,997 Play it safe? Call home? Come back tomorrow? 729 00:38:13,551 --> 00:38:17,216 John Paul Jones said, "He who will not risk cannot win." 730 00:38:17,388 --> 00:38:19,381 And he was right. 731 00:38:19,599 --> 00:38:22,007 If we don't take the right lessons from what happened here, 732 00:38:22,184 --> 00:38:23,892 we'll have more wars to look forward to, 733 00:38:24,061 --> 00:38:28,390 more aggression from despots and tyrants, not less. 734 00:38:30,693 --> 00:38:32,104 Don't punish initiative. 735 00:38:32,278 --> 00:38:35,314 Don't second-guess battlefield decisions. 736 00:38:35,489 --> 00:38:40,068 Acquit Lieutenant Andrew Buxton of all charges. 737 00:38:40,244 --> 00:38:42,035 Thank you. 738 00:38:44,165 --> 00:38:47,616 Captain Wiggins, have the members reached a finding? 739 00:38:49,045 --> 00:38:50,208 We have. 740 00:38:50,796 --> 00:38:53,038 The defence will rise. 741 00:38:53,216 --> 00:38:55,422 Captain Wiggins, will you please announce the finding? 742 00:38:58,386 --> 00:38:59,798 Lieutenant Andrew Buxton, 743 00:39:01,515 --> 00:39:07,221 this court-martial finds you not guilty of all charges and specifications. 744 00:39:09,690 --> 00:39:11,730 I thank the members for your time and attention. 745 00:39:11,901 --> 00:39:14,024 Lieutenant Buxton, you are returned to duty. 746 00:39:14,195 --> 00:39:15,938 Aye, aye, sir. 747 00:39:18,407 --> 00:39:20,150 Thank you. 748 00:39:21,702 --> 00:39:24,322 - You're the man. - You're the man. 749 00:39:36,300 --> 00:39:41,128 You get it, Pappy. I didn't think you did, but you get it. 750 00:39:43,099 --> 00:39:44,510 - Come here, man. - Yeah! 751 00:39:44,684 --> 00:39:47,519 The X-Man is back, and he's better than ever. 752 00:39:47,687 --> 00:39:51,021 - Get what? - It's a pilot thing, Mac. 753 00:39:51,190 --> 00:39:52,850 I couldn't possibly explain it. 754 00:39:53,609 --> 00:39:55,103 Attention on deck. 755 00:39:57,071 --> 00:39:59,229 I'm looking forward to getting back into action, sir. 756 00:39:59,407 --> 00:40:01,731 I'm sure you are, lieutenant, but that's not gonna happen. 757 00:40:01,909 --> 00:40:05,278 Effective immediately, you are going TAD to Capodichino. 758 00:40:06,163 --> 00:40:07,705 Shore duty, sir? 759 00:40:07,915 --> 00:40:10,786 Officer in charge of the corrosion-control detachment 760 00:40:10,960 --> 00:40:13,451 pending a Field Naval Aviator Evaluation Board, 761 00:40:13,629 --> 00:40:16,713 which I feel certain will terminate your flight status. 762 00:40:17,508 --> 00:40:19,251 This is political, isn't it, sir? 763 00:40:19,427 --> 00:40:21,716 Coming from Washington because they couldn't convict me. 764 00:40:21,929 --> 00:40:24,550 No, lieutenant, it's coming from me. 765 00:40:24,724 --> 00:40:27,760 I always hoped your brain would catch up with your talent, 766 00:40:27,935 --> 00:40:29,726 but I can't fool myself any longer. 767 00:40:42,158 --> 00:40:47,235 Sir, they're sending me to a FNAEB. They wanna ground me. 768 00:40:47,413 --> 00:40:49,869 Well, what did you expect, Buxton, a promotion? 769 00:40:50,750 --> 00:40:52,328 Look, you have to help me, sir. 770 00:40:53,920 --> 00:40:56,541 Actually, lieutenant, I'll be testifying against you. 771 00:40:57,798 --> 00:40:59,874 Against me? 772 00:41:00,051 --> 00:41:02,885 Look, I just heard you in court talking about my intelligence, 773 00:41:03,054 --> 00:41:05,047 my initiative, how they had to acquit me. 774 00:41:05,223 --> 00:41:06,386 I was your lawyer. 775 00:41:06,557 --> 00:41:10,306 - It's my job to get you off. - But you get it, sir. 776 00:41:10,478 --> 00:41:13,265 I mean, come on, you and me, we're the same. 777 00:41:13,439 --> 00:41:15,266 No, we're not the same. 778 00:41:15,441 --> 00:41:17,766 I'm not reckless. I don't fly stupid. 779 00:41:19,487 --> 00:41:22,192 That's what this is all about, huh? 780 00:41:22,782 --> 00:41:25,949 Yeah, you know that I'm better than you, and you can't stand that. 781 00:41:26,702 --> 00:41:30,237 You know, I wouldn't care if you were the greatest pilot in the world. 782 00:41:30,414 --> 00:41:34,708 You inspire those guys to pull the same stunts that you pull, 783 00:41:35,545 --> 00:41:39,210 then you're a menace, not to the enemy, but to them. 784 00:41:39,423 --> 00:41:40,965 To us. 785 00:41:42,176 --> 00:41:45,627 But-- But they can't do this. 786 00:41:46,639 --> 00:41:51,597 - Sir, the X-Man has to fly. - Not anymore, Andy. 787 00:41:53,062 --> 00:41:55,434 Not anymore. 788 00:42:02,321 --> 00:42:05,322 Wardroom. Colonel MacKenzie. Okay. 789 00:42:05,741 --> 00:42:08,446 Telephone for you, Lieutenant Roberts. 790 00:42:10,663 --> 00:42:12,821 - Hello, Lieutenant Roberts. - Hi, Bud. 791 00:42:12,999 --> 00:42:15,288 - Harriet. - I've been thinking about you, Bud. 792 00:42:15,459 --> 00:42:18,080 Oh, me too, sweetie. How's little A.J.? 793 00:42:18,254 --> 00:42:19,499 He's wonderful. 794 00:42:19,714 --> 00:42:22,917 I'm just sitting here all alone, 795 00:42:23,092 --> 00:42:25,417 thinking about you. 796 00:42:25,595 --> 00:42:28,798 I'm wearing that little pink nightgown that you like so much. 797 00:42:29,390 --> 00:42:31,347 You are? 798 00:42:32,018 --> 00:42:33,845 You know, when you get back, 799 00:42:34,020 --> 00:42:36,476 my mom could take A.J. For the whole weekend. 800 00:42:36,689 --> 00:42:39,607 Oh, right, you wanna go to Chicago and see the new aquarium. 801 00:42:40,443 --> 00:42:43,894 No, actually, I was thinking about that little motel room 802 00:42:44,071 --> 00:42:45,862 right outside of Richmond. 803 00:42:46,073 --> 00:42:47,651 Remember? 804 00:42:48,868 --> 00:42:50,777 You mean the one where we...? 805 00:42:50,995 --> 00:42:53,782 - Really? - Bud. 806 00:42:53,956 --> 00:42:56,743 Listen, I understand you've been down a lot recently and everything, 807 00:42:56,918 --> 00:42:59,124 and, well, now that the trial's over, 808 00:42:59,337 --> 00:43:02,006 I think I could probably get you a hop in an F-14. 809 00:43:02,506 --> 00:43:06,171 - A what? - You know, a Tomcat, a: 810 00:43:07,011 --> 00:43:08,042 A what? 811 00:43:08,262 --> 00:43:10,670 I could probably even get you to shoot the guns. 812 00:43:12,266 --> 00:43:15,053 Excuse me, commander, but with all due respect, 813 00:43:15,228 --> 00:43:17,019 could you please leave, sir? 814 00:43:22,443 --> 00:43:24,566 With me, right? Okay. 815 00:43:24,779 --> 00:43:26,855 He looks kind of macho, don't you think? 816 00:43:29,867 --> 00:43:31,694 Okay.