How's your fuel, Sugar Two?
I show four-point-O, Sugar One.
Another ten minutes,
we'll be headed home.
Hey! Look at those fireworks!
SUGAR TWO:
Someone's f*ring at us.
Beehive, this is Sugar One.
We're taking ground fire 20
klicks southwest of Kandahar.
Request permission to
hit 'em with 20 mike-mike.
Stand by, Sugar One.
Any reports of unfriendlies
near Kandahar, sir?
Not tonight. Tell
him to stand by.
Hold your fire, Sugar One.
We're checking it out.
I'm going to take a mark.
SUGAR ONE: We got a
couple of vehicles, light a*tillery.
Whoa. You see that?
SUGAR TWO: See what, Sugar One?
SUGAR ONE: Taking A-A
fire. Declaring self-defense.
Switch is hot,
set to signal release.
Rolling in.
Master arm on.
Hitting pickle.
b*mb's away.
( whistling)
( expl*si*n)
BEEHIVE: Shack! Disengage!
Disengage! Friendlies.
They were sh**ting at us.
Sugar Two, you saw that, right?
( groaning)
( groans)
CHEGWIDDEN: The Navy's
never filed criminal charges
over a friendly fire incident
in wartime before, until now.
Lieutenant Commander
David Ridley
dropped a Mark 82
laser-guided b*mb
on a platoon of
British soldiers...
Three dead, three wounded.
What did the preliminary
inquiry find, Sir?
Commander Ridley did not
have permission from the AWACS
to engage.
What are the charges, Admiral?
Involuntary manslaughter,
dereliction of duty.
You and Lieutenant
Roberts will prosecute.
Yes, sir.
I'll be looking
forward to getting back
into the courtroom again, sir.
Commander Turner, you'll defend.
Aye, sir.
This is a high-profile case.
The media will be
in the courtroom.
Commander Rabb,
since you'll be presiding,
do you have a problem with that?
Judge Rabb?
Well, as an aviator,
I think he has
a certain hands-on
understanding of the issues.
As an aviator, sir, the
commander may be biased
in favor of the pilot.
Then don't be.
Absolutely not, sir.
Commander, Colonel,
I'm counting on both of you
to maintain a certain
level of... decorum?
You'll have no
trouble from us, sir.
That'll be all.
Aye, sir.
You seemed pretty
confident in there, Harm.
Well, I've observed
enough judges.
How hard can it be to be one?
I was referring
to your assurance
that there'll be no sparks
between us in the courtroom.
Well, there won't be.
Yeah, that's what I
thought when I was a judge.
We know what happened then.
Yeah, you started throwing
your judicial weight around
and tried to buffalo
a guilty verdict.
Excuse me, I was the
one showing restraint.
You were trying to
hijack the proceedings
by circumventing the rules.
Your rules.
You were making them
up as you went along.
Oh, no, you don't.
I was following the law.
Well, you can be
sure of one thing...
While I'm in the hot seat,
there'll be no retribution.
No payback?
No.
Good. I'll hold you to it.
The meat loaf not
up to your standards
this morning, Petty Officer?
I'm going to be your
clerk of court, sir.
I thought I'd better
do some reading.
Well, research never hurt
anyone, but a good judge's clerk
will temper book smarts
with common sense.
By the way, I don't expect
you to be a silent partner.
Yes, sir.
What's it say in there, anyway?
"A judge must be a passive
recipient of information,
"a quiet force who is most
effective when nearly invisible.
Commander, Coates.
Mind if we join you?
Unless Your Honor no longer
mixes with lowly trial lawyers.
Now is not a good time to
get on my bad side, Sturgis.
ROBERTS: "A trial lawyer
who becomes a judge
is like a boxer who
becomes a referee."
I never had a judge hit me.
Day's still young.
"It is exceedingly difficult
"for the passionate advocate
to become the
objective observer."
Don't you two have trial prep?
My client's on his way here.
And Colonel MacKenzie is
interviewing our witnesses, sir.
Well, why aren't you with her?
Colonel MacKenzie has
gone out to the Coral Sea, sir.
ROBERTS: Due to my
limited duty status, sir,
I'm kind of landlocked.
TURNER: Are you worried
about being a judge?
Why would I be?
You two have all the work to do.
I'm just an objective
observer, right, Coates?
Right, sir.
You could have told the
Admiral you didn't want to preside.
Why would I do that?
That would be lying.
Millions of years ago,
there were hunters
who k*lled saber-toothed
tigers with sticks and stones.
Back at the cave,
there were others...
Not so courageous,
but wise and fair...
And they would divvy up
the meat amongst the tribe.
You two don't think I can
"carve the meat" fairly?
You are a natural
born k*ller, Commander.
MAN: What we have here, Colonel,
is command and control
error, not pilot error.
MacKENZIE: You're part of
command and control, CAG.
And I'm only as good as the
information that I'm provided.
So you didn't know the
British were conducting
a live-fire exercise
near Kandahar?
The Coalition Air Operations
Center never told us.
I briefed my pilots
only on what I knew.
Even without the heads-up
about the British troops,
Commander Ridley is still
bound by the rules of engagement.
Correct. The enemy
is not, however,
bound by any rules whatsoever.
Well, our rules prohibit
deliberately descending
into anti-aircraft range in
order to draw enemy fire.
Commander Ridley
descended to take a mark
of the suspected enemy
position, not to draw fire.
The AWACS never gave
permission to engage, sir.
Colonel, when you
are taking A-A fire,
you do not need permission...
Not from AWACS,
or a JAG officer.
CAG, the anti-aircraft fire
reported by Commander Ridley
turned out to be tracers fired
at ground level by the British.
Well, it all comes back to
intel, doesn't it, Colonel?
No one ever briefed the AWACS
that there were
friendlies in the area.
If the strike controller
had had that information,
there wouldn't have been a
delay in getting the word to Ridley,
and he never would have engaged.
MAN: Given the circumstances,
I believed that
dropping a single b*mb
on an apparent enemy
position was both necessary
and proportional.
What circumstances?
There had been unfriendlies
in the area three days prior.
And on two previous
missions, I'd taken incoming.
Doesn't that count
for something?
It would, had you
sh*t at the unfriendlies
instead of the British.
From 5,000 feet at night,
tracer fire looks like A-A fire.
Ask my wingman, he saw it.
That's another problem...
When I interviewed
Lieutenant Commander Barry,
he said he never
saw the second burst,
the one that
prompted you to fire.
So, he missed it.
He saw the first one.
The British say they
stopped sh**ting
when they saw you descend.
They claim there
was no second burst.
We need to find a defense
for you, Commander.
BILL O'REILLY: It is absolutely
second-guessing at its worst.
It's hypocritical, unjust, and
dangerous to the country.
A pilot in combat makes
a split-second decision
then is forced to answer
to some pinhead politician
if something goes wrong?
Hey, It's w*r... Lots
of stuff goes wrong.
You cannot turn an honest
mistake on the b*ttlefield
into a crime,
and you can't treat American
fighting men like criminals
if an accident happens.
Come on. We have a w*r to fight.
I don't always agree with him,
but he's right... partly.
What part is that, sir?
We do have a w*r to fight.
And I'm not just talking
about Afghanistan.
I'm talking about a place
that's even more dangerous...
Capitol Hill...
Appropriations.
I'm not sure, I, uh,
see the connection.
The British are screaming
bloody m*rder, A.J.
That makes senators with purse
strings nervous about funding.
It's tragic, the whole thing.
One grave error,
three young men
pay with their lives.
Now another one's going to
have to pay with his career.
Well, sir, that has
yet to be determined.
Commander Ridley made a mistake.
Now, surely, when it comes to
holding our people accountable,
the Navy's standards are higher
than those of the
court of public opinion.
Our standards are the
same as they've always been,
Mr. Secretary... A
presumption of innocence,
and a fair and impartial
hearing of the facts.
Which is why you appointed
an aviator to sit in judgment
of one of his own?
Commander Rabb is
an excellent attorney,
and I'm sure he'll
make an excellent judge.
I hope you're right.
Yes, sir.
Washington is at least as
much about appearances
as it is about policy.
I told you that I would
fight the good fight
to get the Navy what it needs.
I just hope that this incident
doesn't jeopardize that.
I know you share
that hope with me, A.J.
Yes, sir.
TURNER: Bloodwork showed
amphetamines in your system
after the incident.
That'd be from
the Go-pills, sir.
One pill every two
or three hours in flight.
Plus traces of Benzodiazepine.
No-Go pills, sir.
Sedatives?
Yeah. It's for a combat
nap before takeoff.
You're mixing
stimulants with sedatives.
Everything's prescribed
by the flight surgeon.
These Go-pills... they
make you jittery or nervous?
No, sir. More like
honing my concentration
to a razor-sharp edge, sir.
Good.
Good, just make sure
you tell that to the jury.
( sighs)
All the pilots take anti-fatigue
medication, Commander.
I don't see how
the prosecution's
going to use that against me.
They're not going to, Ridley.
We're going to use
it to get you off...
if we're lucky.
BAILIFF: All rise.
RABB: Please be seated.
This court martial
will now come to order.
Let the record reflect
that the accused,
counsel and Members
are all present.
Is prosecution ready to proceed?
We are, Your Honor.
And the defense?
Ready, Your Honor.
Before we begin, will counsel
please approach the bench?
What's with the
cheering section?
I have no control
over the Secretary of
the Navy, Your Honor.
Well, let him know
that I will not stand
for any displays of favoritism
in my courtroom.
I'll do my best.
All right, let's roll.
Excuse me?
Proceed, Colonel.
Friendly fire.
That's such an
innocent-sounding phrase,
but there's another
term, too... Fratricide.
The k*lling of one's brother.
In this case, our
brothers in arms,
British soldiers in Afghanistan.
The prosecution will prove
that the defendant,
Lieutenant Commander
David Ridley,
violated the rules
of engagement and
disregarded instructions
from a strike controller
on an AWACS aircraft.
The result... Commander Ridley
recklessly dropped a
precision-guided b*mb...
But not on the enemy...
On British soldiers,
k*lling three.
His excuse?
Well, he claimed
it was self-defense,
that someone was f*ring at him.
But there are no other witnesses
who can corroborate that.
Colonel, this sounds more like
a closing argument.
Please confine your opening
to a preview of evidence
you plan to submit.
I thought I was, Your Honor.
It's my call, Counselor.
Prosecution will prove
that Commander Ridley is
guilty of dereliction of duty
and involuntary manslaughter.
Thank you.
Friendly fire is a problem
as old as warfare itself.
General Stonewall Jackson,
in the Civil w*r,
was k*lled by his own men
on a night-time mission.
During Desert Storm,
nearly 25% of our causalities
were caused by friendly fire.
And while these
losses are tragic,
they're also unavoidable.
Objection. This
is argumentative.
Overruled.
TURNER: It is
against this backdrop
that you will consider the case
of Lieutenant Commander
David Ridley, a decorated
and highly skilled pilot,
who took incoming
fire three days earlier
from the same locale.
MAN ( British accent): We
were positioned in Wadi-East,
a ditch about 25 kilometers
southwest of Kandahar.
And what are your duties,
Lieutenant Whitehall?
Range Safety Officer
for the live-fire exercise.
Will you please tell the Members
what happened that night?
My unit was engaged in
t*nk-stalking operations.
Were your men f*ring weapons?
Small arms and
machine g*ns, Lieutenant.
All at ground level.
And did there come a time
when you observed an aircraft?
There did.
Can you please tell the Members
what happened then?
When we saw the American
aircraft approaching,
I called for a "check-fire."
Did the f*ring cease?
Ours did, Lieutenant.
But one of the American
jets swooped down
over our position.
Did you transmit
the Coalition Air Ops?
Our generator had
just broken down.
A few seconds later,
the American b*mb hit us.
I lost three men.
Lance Corporal Greengrass,
Lance Corporal Weatherall,
Staff Sergeant Porter.
You were injured
in the att*ck as well.
I was some distance
from the strike, sir.
But clearly not far enough.
Your witness, Commander.
Lieutenant, why did you
tell your men to cease f*ring
when you saw the
American jets overhead?
We all knew about
the American gunship
f*ring into that wedding
party at Uruzgan, sir.
k*lled 40 civilians.
The wedding party
where the celebrants
were f*ring small
arms into the air.
Objection, Your Honor.
That incident is irrelevant
to these proceedings.
Your witness opened
the door, Counselor.
Overruled.
Local Afghans were f*ring
into the air, Commander.
Apparently, that's
how they celebrate.
The American flight crew
wasn't charged with a crime
in that incident,
was it, Lieutenant?
Your Honor.
Now you're pushing it.
Sorry, Your Honor.
During your
t*nk-stalking exercises,
did your men fire any
weapons into the air?
No, sir.
But they fired from
the wadi floor upwards,
towards a t*nk on higher ground.
That's correct, sir, yes.
Your machine g*ns
sh**t tracers, don't they?
Every fifth round.
And tracers light
up the night sky.
That's correct, yes, sir.
So your men were f*ring
small arms and machine g*ns;
you were trying to
fix a broken generator;
you were worried
about two jets flying over,
and yet you're sure
none of your men fired
after Commander Ridley's plane
descended over your position.
I'm quite sure, sir.
Nothing further.
MacKENZIE: I don't mind
taking an unpopular case.
Public opinion's against us.
The SECNAV wants
a quick hanging.
Turner's a tough opponent.
I can handle all that.
To have to fight the judge, too?
He's completely out of line.
You know,
he's injecting his own opinion,
breaking my momentum
wherever he can.
How much more payback do
you think the guy can dish out?
With all due respect, ma'am,
maybe we should just focus
on what's under our control.
Are you defending him?
Because he is out of line, Bud.
I'm sorry if you can't see that
because of some residual
commander worship.
I think your right, ma'am.
Sometimes the people we
look up to do have feet of clay.
So would you say I
was a passive recipient
of information today?
Sir?
"A quiet force
who's most effective
when nearly invisible"?
Yes, Commander.
Is that what you really think?
I think Colonel MacKenzie's
having a tough
time in there, sir.
And you think that
I'm the cause of that.
I think she might think
you're the cause of it.
Colonel... no, as you were.
I just wanted
to commend you and
Lieutenant Roberts
on just an excellent
job thus far.
Thank you, Mr. Secretary.
I'm a bit surprised
at the apparent
level of hostility
between you and the
commander in the courtroom.
I imagined you might
have a bit more sway.
Well, neither the commander
nor I sway easily, sir.
Well, if I can be
of any assistance
in your pursuit of the truth...
You can, sir.
Really?
I think it would be helpful
if you weren't sitting on
my side of the courtroom
during the proceedings, sir,
in the interest of
eliminating sway.
Mm.
Yes, I can find other ways
to spend my afternoons.
Colonel, again, keep
up the good work.
WOMAN: Commander Ridley asked
for permission to engage.
I told him to stand by.
What did you do next,
Lieutenant Kaufman?
I attempted to ascertain
whether there were any
friendlies in the area, ma'am.
And what did
Commander Ridley do?
He descended,
declared self-defense and
dropped a 500-pound b*mb
before I could get back to him.
Your witness.
Nothing at this
time, Your Honor,
subject to my right
to recall the witness.
I have a few
questions, Lieutenant.
Your Honor?
Yes, Colonel?
Nothing, sir.
Wouldn't you normally have
that information available?
What Coalition
troops are in the area?
Yes, sir, but there
was a breakdown.
The British reported
their exercise
to the Coalition Air Ops Center,
but it slipped through
the cracks at the Center
and never got to us.
But Commander Ridley would
have expected to have received
the information
immediately, correct?
Your Honor, I have to object
to the hypothetical question.
You're objecting to my question?
I am, Your Honor.
Overruled.
May we approach?
Sure, come on up.
You may approach.
Your Honor, I object to
your questioning the witness.
The Court has that right,
Colonel, you know that.
Do you have a problem with
my questioning the witness?
No, Your Honor,
but I had planned
to ask the witness
the same questions
later and I still do.
Oh, great, then the
Members get to hear it twice.
Once with the inference that
the judge favors the defense.
That was not my intent, Colonel.
Clarity was.
Well, the effect is to
prejudice the prosecution.
If I'm going to lose
this case, I'd like to do it
without any help from the bench.
What is your problem?
You are, Your Honor.
Respectfully.
First you interrupt
my opening statement,
and then you let defense counsel
refer to another
friendly fire incident
where no charges were filed
and now your questions
of Lieutenant Kaufman
imply that the Air Ops
Center was to blame.
So what do you want, Colonel?
Some judicial restraint, sir.
You're asking me to refrain
from questioning witnesses?
No, Your Honor,
I am asking you
to recuse yourself
on grounds of bias.
BILL O'REILLY: It is
sad and demoralizing
when family members
fight amongst themselves
and that's what is
happening to our Navy
in its unfair prosecution
of fighter pilot David Ridley.
Charged with manslaughter
for a friendly fire incident
in Afghanistan,
Ridley is scapegoat
for bad intelligence,
incompetent allies,
and even the fog of w*r itself.
Yesterday, things got ugly
when Marine Colonel
Sarah MacKenzie,
the prosecutor,
accused the judge,
Commander Harmon Rabb, of bias.
( horn honking)
Now, I don't know
Commander Rabb,
but he is a hero, a
decorated fighter pilot,
and he has not
bailed out of this case.
So, I'm with the
commander so far.
And to the Navy, I
have only this to say:
Don't put handcuffs
on your fighter pilots.
That will mean
defeat in every way.
( sighs)
I can't discuss the
case, Mr. Secretary.
Of course not.
I would never dream of
asking you to, Commander.
But I... I do have
one question, though.
You've flown in combat.
Did you ever find yourself
in a position like
Commander Ridley was in
in the skies over Afghanistan?
Sir, I can't talk about it.
Oh. As a judge?
As an aviator, I
can't discuss it.
Well, as an aviator,
do you endorse his actions?
Sir, I don't know what I
would or wouldn't have done
without a full understanding
of the context of the situation.
But you're going to have
to render decisions as a judge.
After a careful review of
the facts and the law, sir.
And I suspect
that'll be difficult for you
because you can
so easily put yourself
in the shoes of the accused.
A lawyer is trained to
look at all sides of an issue.
A judge is required to
view the issues objectively.
But I think there
may be more sides
to this than you
realize, Commander.
The cockpit is only one context
in play here.
We're in a w*r
on terrorism, and we
need to have our allies
standing confidently
alongside us.
I understand that,
Mr. Secretary.
Well, than you also
understand how critical it is
to have accountability
for the death
of three British soldiers.
I will see to it that
justice prevails, sir.
I thought we weren't
going to discuss the case.
Are we? I wasn't aware.
Well, if we are, sir,
it could be construed
as unlawful command influence
and obstruction of justice.
Oh, well, then,
you'd better run.
MacKENZIE: You're the
only one I can turn to, sir.
In the middle of a trial?
Commander Rabb refuses
to recuse himself despite
clear evidence of bias.
An interlocutory
appeal isn't permitted,
so I have to wait until
the end of the trial,
but if Commander
Ridley is acquitted,
the Court of Criminal
Appeals won't hear it,
because the prosecution
can't appeal an acquittal.
It's a catch-22.
That's quite a
catch, that catch-22.
It's the best there is.
This isn't a joke, Commander.
Oh, what is it exactly
you want me to do?
Remove Commander
Rabb from the case.
I don't think I can do that.
Then order him to
recuse himself, sir.
Can't do that, either.
Commander, do you see any reason
you shouldn't sit on this trial?
Sir, I feel I can continue
to discharge my duties
fairly and impartially.
Then I request permission
to withdraw myself
as trial counsel.
On what grounds?
I'm incapable
of rendering competent services.
Colonel, if you were truly
incapable of doing a good
job, you wouldn't know it.
And you wouldn't
request to be removed.
The mere fact that you
made the motion means
you're a competent attorney.
Hell, it's a...
( sighs)
catch-22.
Request denied.
Aye, sir.
You think I'm
favoring the defense?
Your rulings do all seem
to favor Commander Ridley, sir.
You did ask me to
speak my mind, sir.
I'm not favoring the pilot.
I'm just getting
after the truth.
Yes, sir.
What, you think
I'm going too far?
I think that in some
situations it's impossible
to keep your personal
feelings out of it.
I have no personal feelings
toward Commander Ridley.
I didn't mean
Commander Ridley, sir.
Commander Barry, you were
Commander Ridley's wingman
on the night of the incident?
Yes, ma'am.
You fire any weapons
that night? No, ma'am.
Declare self-defense?
No, ma'am.
In fact, you never saw what
Commander Ridley described
as a second burst of
anti-aircraft fire, did you?
No, ma'am, but I saw the first.
Which turned out not
to be enemy fire at all.
Apparently so, Colonel.
But David Ridley doesn't lie.
If he says he saw green
lizard men f*ring at
him, I'd believe him.
Objection. Not responsive.
Sustained.
Would you instruct the
Members to disregard
the witness's last
statement, Your Honor?
So instructed.
Would you articulate
the instructions, sir?
Come on, Colonel. The
Members are up to speed.
Let's move it along.
Perhaps the best way for me
to move it along is to sit down.
Your witness.
Commander Barry, how
long was this mission?
From the time of taking
off from the Coral Sea
to our return, about
nine hours, sir.
In-flight refuelings?
Five, sir.
That makes for a pretty
grueling nine hours, eh?
Keeps us on our toes, sir.
At what point in the mission
did the incident occur?
We were just minutes from
heading back to the Coral Sea.
Must have been tired.
No, sir.
Given the protracted
length of the mission,
the Battle Group Commander
authorized use of Go-Pills.
Doesn't that make
it difficult to sleep?
We take the
No-Go pills for naps.
Is this standard procedure?
No, sir.
This particular
mission required it.
You took these pills on
the day of the incident?
Yes, sir. We both did.
So, you're mixing
amphetamines and sleeping pills
on the day of a combat mission?
Yes, sir.
Medications which may
affect mood and judgment
and can cause
amnesia and paranoia?
Objection. Assumes
facts not in evidence.
Sustained as phrased.
Commander,
were these medications
a problem for you?
No, sir.
I'm the flight surgeon
aboard the Coral Sea.
TURNER: Commander Sachs,
do you routinely provide
dextro-amphetamines
to flight crews?
I do, as anti-fatigue
medication.
Better bombing through
chemistry, Commander?
Objection. Argumentative.
Sustained.
Don't amphetamines have serious
side effects, Commander Sachs?
Properly used,
they increase alertness
and focus attention.
And improperly used?
Over-stimulation could be
deleterious to performance,
but I dispense only
enough for each flight.
These pills come
with warning labels,
don't they, Commander?
These days, all medication does.
"Can affect perception
and impair the ability
to operate machinery."
You shouldn't drive a car
while taking these dr*gs,
should you, Commander?
That depends on the amount.
But it's okay to fly
a $40 million aircraft
loaded with high-tech weaponry?
Again, Commander,
the proper amount of
medication used by pilots
in top physical condition...
It's not a problem.
"Medication may
provoke irritability
"and an unreasonable concern
about threats to
one's well-being."
That sounds like
paranoia, Commander.
That would be extremely rare.
But not, uh, unheard of.
Some people are allergic to
peanuts, Commander Turner.
We don't ban flight
crews from eating them.
Are you equating peanuts
with amphetamines,
Commander Sachs?
Objection. Counsel
is baiting the witness.
Colonel, Counsel has the right
to cross-examine the witness.
Overruled.
I'm just saying that
these warning labels
list everything imaginable,
no matter how
infinitesimal the risk.
Well, how many
casualties have to mount up
before you no longer
consider the risk
to be infinitesimal?
Objection. Argumentative.
Sustained.
Commander,
do you consider this
medication to be safe?
These dr*gs have been in use
since before Vietnam.
Their safety's
been demonstrated.
But assuming
these pills affected
Commander Ridley's
perception, could that explain
why he saw a burst of
g*nf*re that no one else did?
Objection. Calls
for speculation.
Sustained.
From now on,
I'll let you be the
one who objects.
At the briefing, Captain
Bales, the CAG, told us
there'd been
unfriendlies in the area.
Did this come as news to
you, Commander Ridley?
Hardly, sir. We'd been
fired on three nights earlier.
Did the CAG tell you
in the mission briefing
that the British
would be in the area?
No, sir.
Apparently, he never got word
from the Coalition
Air Ops Center.
Would you tell the Members
what happened
that night, please?
It was pretty uneventful.
Five refuelings.
No calls for air support.
And then...
RIDLEY: Hey, look
at those fireworks!
BARRY: Someone's f*ring at us.
I asked the AWACS for
permission to fire 20 mike-mike,
the machine g*n, and
was told to standby.
What did you do then?
I descended to get a better look
and take a mark of the position
in case it was necessary to
use a precision-guided b*mb.
RIDLEY: Whoa! You see that?
BARRY: See what, Sugar One?
Taking A-A fire.
Declaring self-defense.
Did you feel
justified in declaring
self-defense?
Yes, sir.
I believed I was
being fired upon.
Commander, did you
use amphetamines
during this mission?
Yes, sir.
Ten milligrams prior to takeoff.
Three additional pills
of five milligrams
each during the flight.
Your witness.
Lieutenant Roberts will
do the cross, Your Honor.
Very well.
Lieutenant.
So, the AWACS strike
controller instructs you to stand by,
and you interpret this to mean
go down for a closer look?
I interpreted it to
mean not to engage yet.
What was the
altitude you were at
when you noticed
the ground fire, sir?
About 12,000 feet.
And the surface-to-air fire
that you thought you saw...
Was it reaching your altitude?
No, sir.
So, you weren't in any
danger until you descended.
That's true, Lieutenant,
but if it had been the enemy,
they might have
had other weapons.
But it wasn't the enemy, sir.
I had no way of knowing that.
I thought it prudent to
check out the situation.
Wouldn't it have
been more prudent
to ascend to a higher altitude
and wait for word
from the AWACS?
Perhaps. I'm trained
to be aggressive
as well as prudent.
Did the medication
that you're taking make
you more aggressive?
Uh, no.
Does the medication
affect your perception?
No.
So, you don't blame the pills
for the deaths of
three British soldiers?
No. I don't.
If there's any
blame, it's all mine.
Thanks, sir.
Sir, how did Colonel MacKenzie
know that Commander Ridley
wouldn't use the
medication as an excuse?
Well, she saw Turner
hadn't asked Ridley
if the pills affected
his perception.
And Commander
Turner would've asked
if the answer had
been helpful to his case.
The colonel's a really
good lawyer, isn't she, sir?
Yeah.
( chuckles)
So she and Lieutenant
Roberts have the case won, sir?
Well, unless the Members
believe Commander Ridley's claim
that he'd taken a
second burst of fire.
Do you believe
Commander Ridley, sir?
He was very
convincing on the stand.
But then so was the British
officer, Lieutenant Whitehall,
who claimed they
stopped f*ring, so...
Almost forgot.
Instructions to the Members.
"If there is a reasonable doubt
as to the guilt of the accused,
your verdict must
be not guilty."
Well, won't there always
be some doubt, Commander?
Keep reading.
"A reasonable doubt
is not mere conjecture.
"It is an honest, conscientious
doubt suggested by the evidence.
"An absolute or
mathematical certainty
is not required to find
a defendant guilty."
Glad I'm not one
of the Members, sir.
Just be glad you're
not sitting on the bench.
I-I thought Commander Turner
might have been onto something
with the tracers looking
like surface-to-air fire.
Yeah, but it went nowhere.
Whitehall's preoccupied
with the generator.
Commander Ridley descends.
He swears he's taking incoming.
The British swear
they ceased f*ring.
Somebody's got to be lying, sir.
( sighs)
Unless, Commander Ridley saw
what he thought
was anti-aircraft fire.
Well, what could that be, sir?
I mean, they're in the middle
of nowhere on a dark night.
Yeah, really dark after
the generator went down.
Sir?
I think I know what
Commander Ridley saw.
That's great, sir.
No, it's not.
I can't tell anyone.
What do we do now, sir?
We need to make sure
that justice prevails.
Let's take a look at the
Code of Judicial Conduct.
Maybe there's an answer there.
COATES: So another
example would be, say a witness
hobbles into court
using a cane and testifies
he's so disabled
he can hardly walk.
But the judge remembers
seeing the witness
on the ski slopes
two weeks earlier.
The judge has to
disqualify himself.
That's what the book says, sir.
"Under the Code
of Judicial Conduct,
"the judge must not
have personal knowledge
of disputed evidentiary facts."
Any exceptions?
Yes, sir.
"If the judge learned
the knowledge
in the court proceeding,
he can remain on the case."
Great, so I can stay
on the case, I just,
I can't do anything with
the information I have.
No, sir.
"A judge must refrain from
any action that assists a party."
"Assists."
Yes, sir.
What if he "assists" a
party but hurts their case?
Well, then I guess it
wouldn't be assistance, sir.
Nice work, Coates.
Thank you, sir.
For everything, sir.
For requesting me as a clerk,
and letting me take
part in the case.
All right, the theme of
our closing argument
should be personal
responsibility.
You can't blame the British,
you can't blame the Ops Center.
I don't know.
If Commander Ridley
had had the intel, ma'am...
Morning, you two.
Morning, sir.
Good morning.
I, uh, was wondering
when you thought we might get
this case to the Members.
Well, that depends
on Commander Turner.
He hasn't rested yet.
Do you have rebuttal witnesses?
Depends on what
the commander does.
Hmm, 'cause I thought
you might be getting into
the AWACS electronics.
Why would we?
I'll see you in court then.
He's trying to tell us
something, ma'am.
De-confliction reports.
MASINT records.
Electromagnetic impulse sensors.
Ma'am is it okay for Commander
Rabb to be helping us?
Well, have you ever know the
commander to do anything...?
Improper? No.
Unconventional, huh, yeah.
EMI transmissions?
What about them, ma'am?
The AWACS picked up
something from the British position.
Well, that wouldn't be unusual.
The Brits have
vehicles out there
that would throw off EMIs.
Here's one that spiked.
Something electrical?
Something that would
be visible from above?
I don't get it.
Oh, I think I do.
It looks like the
commander just handed us
the winning evidence...
for the defense.
TURNER: It's not like
Colonel MacKenzie to be late.
Sorry, Your Honor.
Take your time, Colonel.
May we approach?
Yes.
As the court is well aware,
under Brady v. Maryland,
the prosecution is
required to turn over
all exculpatory evidence
to the defense.
AWACS' electromagnetic
impulse recordings
from the night of the incident.
Well, it's a little late
for Brady material,
isn't it, Colonel?
Oh, we just received the
information this morning.
But I'm sure the
court will grant
a short recess
to allow you to digest it.
Well, ground fire wouldn't
cause electromagnetic impulses
so I don't see what
relevance this has, unless...
whatever produced the impulses
could be mistaken
as anti-aircraft fire.
Are you ready to
proceed, Commander?
Yes, sir, I am.
Thank you, Colonel.
Don't thank me, Commander.
Bring in the Members, Marine.
Yes, sir.
It's called the Black Crow.
It's a sensor that
picks up and identifies
electromagnetic impulses.
Can you identify the
sources of these impulses?
Yes, sir.
Different equipment produces
different electronic signatures.
We can distinguish
a laptop computer
from a radar antenna
from a car's spark plugs.
In fact, sir, we
can tell a Cadillac
from a Volkswagen 20 miles away.
Did the sensor pick
up any EMI activity
on the ground
the night of the incident?
Yes, sir.
There was an output
of approximately
one kilowatt from what turned
out to be the British position.
And could you identify
the source of the impulses?
They have the signature
of a Rolls-Royce R-7
gasoline generator, sir.
Did the impulses hold steady?
There were three spikes
to ten kilowatts within
about five seconds.
What would cause spikes
in electromagnetic impulses?
The generator may have
sparked two or three times
when it went down, sir.
Did the sparks light
up the night sky?
Not from where I
was standing, sir.
You were on the
ground in the wadi?
Yes, sir.
And the generator was on
the bed of a truck above you?
Yes, sir.
Where was Commander
Ridley's aircraft
at the time the
generator sparked?
Directly above us, Commander.
And therefore directly above
the generator that was sparking?
Yes, I suppose so.
But that still does not
excuse what he did, sir.
Nothing further.
All rise.
Please be seated.
Will the defense please rise.
Will Senior Member
announce the findings?
Lieutenant Commander
David Ridley,
United States Navy.
This court-martial finds you,
on all charges and
specifications... not guilty.
RABB: I want to thank
the Members and counsel
for completing their duties
with the highest standards
of professional conduct.
But before I adjourn
these proceedings,
Commander Ridley, although
you were not found guilty
of a crime under the UCMJ,
I find that your
conduct in this matter
raises questions as to
your ability to fly in combat.
Accordingly, I'm recommending
to your commanding officer
that a Field Evaluation
Board be convened
to consider your future
as a Naval aviator.
This court is adjourned.
( gavel pounding)
CHEGWIDDEN: I assume
your friends at State
are doing damage
control with the British.
All the years as our allies,
no, that won't end in a day.
Of course it helps that our
pilot really did see something
that looked like
anti-aircraft fire.
The truth won out.
Hmm.
Everybody wins.
So it behooves us to make sure
that such a tragic incident can
never again occur on our watch, A.J.
More dollars spent on
communication technology,
command and control, training...
That sounds like
the antidote to me.
Sounds like an
appropriations bill to me.
Bigger piece of the
pie. We all benefit.
Oh, Commander.
Mr. Secretary.
I just want to say that
your first assignment
to the bench was...
distinctive.
A.J.
Mr. Secretary.
Colonel. Sir.
Have a seat.
I need to find someone
to serve as a judge
for a couple of months.
Any volunteers?
RABB: You can count me out, sir.
Oh, Commander, I
thought you did a fine job.
Well, I don't know,
the colonel asked to have me
removed from the case.
I got over it.
I'm just not cut
out for it, sir.
I'm more of a hunter.
A hunter?
It's a metaphor.
The type to hit saber-toothed
tigers with sticks.
What this job
requires is someone
with patience and judgment.
Some-someone like, uh,
Mac, Colonel MacKenzie.
Oh, I think that's the nicest
thing you've ever said to me.
Well, let's see what
he says the next time
he has to appear
before you, Your Honor.
08x15 - Friendly Fire
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Follows the exploits of the "judge advocates" in the Department of the Navy's Office of the Judge Advocate General, based in the Washington metropolitan area.
Follows the exploits of the "judge advocates" in the Department of the Navy's Office of the Judge Advocate General, based in the Washington metropolitan area.