First Casualty - 153

Reporter Stuart Dunston was involved in an ambush when he was "tag along" with a SEAL team who were after Mustafa Atef, an Al Qaeda leader, and sustained both military and civilian casualties. Harm eventually found that Dunston had had made a satellite phone call (with GPS coordinates) before the ambush despite being told not to. The SECNAV reamed H and Mac for "harassing" the press. He overturned the field commanders negative decision and allowed Dunston to go on the missioin. "Title 10, Article 802" allowed Dunston to be court-martialed with president (GW Bush) as the convening authority. [The show cited previous cases of the press compromising military efforts and being court martialled; however, neither Lincoln or Gen Andrew Jackson actually had completed the prosecution.)

Turner vehemently argued with H and defended Dunston. The SECNAV testified that he was guilty for not listening to the field commanders. It was shown that Dunstons GPS electronics couldn't have been the give-away; but, M overheard Dunston's assistant speaking Farsi the she lied about it when confronted. The assistant had tipped off her Al Qaeda cousin in Pakistan after Dunston had called in his report to her. Dunston then plead guilty and apologized. T admitted that he was wrong; H admitted being wrong; and M said "I wasn't wrong about anything." Bud is on the USS Seahawk and is keeping secret about PO Jennifer Coates being his "legal-man." Singer is still snotty and jealous of him and continued pressing C for an overseas assignment.

Hero Worship - 152

[a well crafted episode] The SECNAV ordered Chegwidden to send Harm and Mac to investigate the captain of the old destroyer, USS John Cooper, for a "lack of leadership" under the guise of investigating a galley fire. Seaman Tim Holley of sick bay, a 4th generation "squid," was trying to live up to his fathers accomplishments and saved seaman Todd Raff's life from a fire. Raff admitted to smoking in the galley. M reccommended an article 32 but the captain wanted to handle it merely with a captain's mast. Adm Albrecht, of SURFLANT, wanted "to send message to the captain" so took authority himself and ordered the article 32 hearing. H eventually showed that a sparking electrical short could have caused the fire. M, the prosecutor, said that "Albrecht wanted Raff out to teach the captain a lesson." H then found an Oxygen tank leak from sickbay had acted as an accelerant causing flash over. Raff wouldn't let H use it however, out of loyalty to Holley's career. So he was sent to court-martial. H told M that it was out of the "price of Loyalty."

C consulted with Carl Messing, a White House aide, in producing a white house dinner honoring all the surviving medal of honor recipients. One hero, Cpl. Henry Guernsey was excluded by the white house Chief of Staff because he had a pending court date for shoplifting. C went to meet Guernsey and found that he was over 80, confused and barely coping since his wife had died. Guernsey had held off 400 Japanese with 2 boxes of hand grenades, saving his platoon. Meredith forced C into a picnic on a lawn and made terrible tasting food, but gave C insight into helping Guernsey himself. C connected Guernsey with an organization to obtain a roommate, got him a uniform and arranged an alternative party specifically for him with his old 2nd platoon. C told Messing that "undervaluing their contribution because he's imperfect makes us look petty and thoughtless." The only persons so described were the president's COS and Adm Albrecht who both "got their own ways" but never found out just how petty they were. B was exonerated from his dereliction charges but C told him it was "not your finest hour." B & Harriet were trying to decide upon a next duty station to use his "second chance" to further his career.

Exculpatory Evidence - 151

[Continued from previous episode] Capt Proudy, Pax River commander, set aside Massuco's conviction due to Bud's "dereliction of duty." Turner investigated and recommended that Chegwidden hold an article 32 hearing on B. Harm defended, and was angry at T who wouldn't make an offer commensurate with alleged wrong doing. C suggested to B that "you find the same confidence in yourself and your ability as an attorney as I do." Mac was called to testify that Buds falling asleep, missing a filing deadline and not contacting a defense witness, Sandra Connor, was not up to standards. H got Connor to admit having an affair with Massuco; then, that Massuco had taken the exculpatory cover letter from Singers packet himself because he thought that all the other evidence was circumstantial and doing so would save his shakey marriage. So B was not court-martialed.

Sergei Zhukov was upset that Hs mother "wanted time" to think about giving Hs father's Vietnam letters to the immigration departe in order to prove his paternity which allow him citizenship. B asked Mac to "join the team" to stop H & M from fighting. C found that T, Leatham and H were setting him up with dates and told them off. C sent Meredith Cavanaugh home, incorrectly thinking that Mac was "puerile" too. C offered his "sincere apologies" to Meredith who retorted "what would an insincere apology look like." They quoted Shakespeare to each other and the episode ended with them staring at each other.

The Mission - 150

Harm & Mac were sent to the Seahawk to stop JAGs (Lt Cdr Jack Hillyard in particular) from preventing the prosecution of war by demanding 100% certainty of targets. When he got there H was asked by Capt. Johnson to fly missions with the ships' pilots to help refine the rules of engagement. H told M he was glad that she was there w/ him. In one mission H became flight leader due to mechanical problems which upset the "real" leader. Gen Taylor (anvil 22) assigned a target. The ground spotter refined the target to an old school where suspected senior Al Qaeda & Taliban leaders were located. M, acting as the JAG advisor, asked if there were buildings which would be collaterally damaged. The spotter said there were but it was night and he believed that it was unlikely that any civilians were there. M advised they might "prosecute the target" which surprised the AWACs crew who were used to prolonged deliberation and questioning. H took the target out & managed to avoid a stinger shot from the shoulder of a terrorist but he sustained damage to one engine which he needed to shut down. Then, when he tried to refuel, he didn't have enough power to stay attached to the tanker so he couldn't take on much fuel. He had to land w/ one weak engine and, despite paddles shouting "eject, eject," he didn't eject; and had just enough power at last second to land. When the Capt. asked Hillyard if he saw how it was done, Hillyard said that he would have requested more information. Johnson told him that "he may be a good attorney but you make a lousy wartime JAG" and said he was going to relieve him from duties.

Turner was assigned TAD to Latham as "someone I can trust" during budget hearings. They ended up talking about themselves and T said that he was in the navy due to his father. He said he had no regrets- he played in an army navy game and even saw the northern lights from a sub conning tower at the north pole. L was raised by her mother & 2 aunts. They were poor. L was worried about what she would say in the hearings so T prepared statements for her which he said were: "so obscure in wording they would sow confusion & dismay amongst enemies." L browbeat T into kissing her. Tiner was shown having passed his exams for PO 1st class.

Chegwidden offered Bud the option of overseas shore duty or aboard a ship for his career advancement and he didn't act too enthused. B & Ht discussed his reassignment then Ht told C she was ok w/ it but that it was B who was a bit reluctant for change. C told her that he had been helping coach high school baseball team for some time. He said he had been a pitcher and was drafted 2nd round by Cleveland but turned it down for an Annapolis appointment then the SEALs. He said he had never looked back - till now. S eavesdropped on B telling Ht about Cs offer and was so blindingly jealous that she demanded Tiner give her an audience w/ C. She told C she had heard the news from B (as they were very "tight") but that she was "a better lawyer than B." C did put her in her place: "you have a lot to prove to me as a lawyer & as a person" but as she was leaving he called after her "you'll get your chance." B was defending, and S prosecuting, PO Jeff Massuco for hit & run driving. She immediately told B she was going to "kick his ass" in the trial and proceeded to buried him w/ frivolous paper work. She opposed every request for witnesses, funds, and then even a continuance, so B could answer all her paperwork. B was portrayed as hapless and became sleep deprived simultaneously caring for little AJs flu to the neglect of his case. Then S buried an important witness in the middle of a list of 28 names and B fell asleep in court! Massuco was found guilty, no surprise. Then his convening authority got new evidence & believed that Bs defense was incompetent. C authorized inquiry into his defense as preliminary to article 32 hearings… [episode to be continued].

Head to Toe - 149

H & M in Saudi Arabia defending a "Condor" pilot, Lt Stephanie Donato, for disobeying DOD & her base commander's orders; namely: not wearing an abeya with a veil and driving herself (i.e. in front seat) in an automobile with a male escort. She was told that the Abeya and veil rule "would be reconsidered" when she was assigned to fly food drops. It wasn't, so she complained to her CO and eventually wrote 8 letters and openly petitioned the Secretary of Defense. A security guard caught her in the restaurant and ordered her into an abeya and into the back seat of his vehicle. She disobeyed hence the court-martial. Throughout the episode H & M several times worked out compromises with prosecutor Lt Col Sara Coffey; however, her temper & tongue dug her in deeper. She apologized to a Muslim cleric who was "offended" by seeing her in the restaurant. When he started to pontificate about American women "not thinking" she told him that "a man who doesn't treat females any better than camels in his garage doesn't deserve to be in their company."

Really trying to avoid publicity Coffey kept offering to "deal." She asked H & M to meet her in town where she was participating in a meeting. M had to wear an abeya and veil and was shown being knocked into by Saudi men who treated her as if she wasn't there. She finally tore it off and said that they "wouldn't deal." Harm finally got her to explain that "it diminishes a woman's ability to be taken seriously." Additionally Donato was determined to publicize the issue but they were loosing. While flying a mission Donato had to emergency land in the desert due to engine failure. When, instead of trying to help, a local policeman tried to embarrass her and force an abeya on her she elbowed him in the gut. Then the men in her unit joined her crusade stating that "The Saudi's instead of offering help tried to humiliate her" and that the regs were "inconsistent w/ rules of good order & discipline & erode unit cohesion." No one needs to salute a female officer in an abeya if they don't know what rank she was. The final finding was that she did disobey orders but with extenuating circumstances so no court-martial. Gen Sawyer said unless she disbanded crusade he would ground her. Coffey answered the press for Donato: "DOD must realize that short term solutions cause long term problems"; and that we "look forward to the day when not one member of armed forces will be forced to suffer disrespect as a price for victory."

Leatham told H that she wanted to be kept "in loop" on the women's issue. C counseled T to "have some fun." So T took Leatham on a date to an Afghan restaurant where she didn't like either the food or sitting on the floor. She then suggested that they go to a Salsa club which he didn't like. B & Ht arrived late at the restaurant w/o reservations due to babysitter problems & joined their "not talking to each other" first date. T apologized to B & Ht for putting them in the middle and Ht counseled him to "try again." He did, and convinced Leatham to meet him at a "neutral place" to try again and took her to baby-sit little AJ to give B & Ht another chance at a date.

Odd Man Out - 148

Harm (H)defended corpsman Terrance Shaw for the premeditated murder of Cpl Mark Duquette which was prosecuted by Mac (M). Bud (B) was called to be on the jury. The evidence was all circumstantial but pointed to Shaw's guilt. M had a "watch cap" excluded from evidence, which B saw and interpreted as "reasonable doubt." Everyone on the jury felt Shaw was guilty and only B thought "not guilty." Over many hours of debate and evidence reconstruction, B convinced everyone else of the reasonable doubt. Then B was surprised when H wouldn't shake hands with Shaw after the verdict. H then told B that he really "didn't want to win." Then M & B tracked down more evidence against Shaw and they will attempt a retrial in civilian court.

Turner (T) was sent TAD to the submarine base New London. PO Derick Newton's wife Ellen had served him divorce papers a couple days before deployment. The Captain wouldn't let Newton go home, so T talked with Newton's wife; but, was unsuccessful. So T took Newton's place at work so Newton and several "navy wives" could go to where his wife worked and talk to her. She did finally relent and withdrew the divorce after he promised that they would have a baby when he got back so that during his next deployment she wouldn't be so alone.

Serge's application for citizenship was denied lacking proof of his parentage; but, H said they would try to get some DNA from his fathers letters. H teased M & T through the episode about him having 2 seats at super bowl. They both wanted him to take them; but, he strung them along. Chegwidden (C) knew about what H was doing, but wouldn't tell them either. All except H were at B & Harriet's super bowl party. H was actually flying "cover" for the super bowl in an F14 with Skates. He flew upside-down to take picture of the bowl so people would believe him.

Code of Conduct - 147

H defended a SEAL Lt Glenn Teague for retrieving the body of PO Tommy Modano despite orders; thereby allowing Lt. Jody Reese to be killed which angered his pregnant wife Mariel. Teague refused to talk to Mariel or take the stand (falling on his sword to keep a secret) until H manipulated them to be in the same room together. Teague had carried the wounded Modano during the first mission. When the helicopter came he gave him to Reese during the extraction. Before Reese had died he told Teague that he had accidentally let Modano fall 55 feet from the tether. Reese confessed he felt guilty. When they wanted to go back to retrieve Modano the "powers that be" said no. That's when they went anyway because of the SEAL code.

B found that GPS coordinates showed the fall didn't kill Modano and he had tried to move to safety so the rescue could have succeeded if it hadn't been delayed. Teague finally took the stand where he said that instead of being mutilated & left to rot like rebels do to their dead, Modano was in Arlington "occupying a space of his own in the land be died defending." Teague was found not guilty on dereliction but guilty on disobedience.

C was at a high school to give a speech when he tried to correct the insolent behavior of a cocky student James Oliphant which was caught on videotape. Defiantly Oliphant spit on C who reflexly slapped the boy. Because it fit into the SECNAV and Lindsey's vendeta against C (blaming C for Lindsey's failure through promotion board) he DEMANDED Cs resignation & threatened w/ a flag mast. C refused and Adm Drake held the mast w/ Lindsey "advising" and authorized to speak for both SECNAV & CNO. M forced her representation on C because he was "running on emotion & will loose." Oliphant lied on every aspect and said that his dad had died in Desert Storm. M didn't even cross examine. Lindsey agreed w/ M to drop the mast & the pressure to retire in return for a public apology to the boy. C said he had been "prepared to do that the first day - except the boy lied." ZNNs Stewart Dunston arrogantly dogged C. T forced his help on C preparing a press statement "to take control of the situation." C talked to Adm Thomas Boone, now working in SECNAVs office, about the mast that he had gone through. Boone said he wouldn't have slapped the kid he "would have slugged him." Angry Dunston started digging deeper into sources and found that Oliphants father was dishonorably discharged, abandoned his wife & was living in Florida. Dunston told C that he would be "leading with it the next day." The CNO back-peddled and dropped the mast. Boone met C afterwards in bar. The SECNAV came in & set w/ them. Both C and the SECNAV ordered Burbon but the aired episode ended w/o them saying anything to each other. [although the close caption said: "one bourbon 2 straws"]

Capital Crimes - 146

M thought she had dream of her own death until she had flashbacks. She drug a frustrated Turner around, and eventually found the body of Cdr Laura Aikin who was working on nuclear disarmament pact with them. M pointed to a map and police found Yuri Lentov, an itinerant Russian cab driver, who had Aikins pack, wallet and credit cards. T asked why M just didn't "get over" H and "move on." M blurted out "it wouldn't work cause I'm in love w/ him" - then swore T to secrecy.

After several misleads, increasingly frustrating to T, M said they made a good team because he was cerebral and compulsive and she "not." They found that Aikin was pregnant w/ the child of director Morgan Deitz of a disarmament company who had lied to her about leaving his wife. Also that she had been harassed by Deitz's wife after being discovered by her. They also found that she had uncovered some weapons grade uranium missing from her inspections of Nerpa shipyard in Russia. Later they discovered that Lentov had: called a security officer at Nerpa shipyard several times; smuggled arms to Chechen Islamic fundamentalist rebels; and converted to Islam while in the Russian army. When threatened with deportation Lentov eventually gave the whereabouts of his accomplices & a seal team captured the ship.

H went to the USS Patrick Henry alone to investigate an incident during a "vertical replenishment" in which the JAG Lt Yuen had recommended charging the captain and half the crew. As standard procedure when JAG is in the chain of command, H "started over" which aggravated Yuen. Capt Ingles had ordered replenishment into the dark in 18 foot seas. PO Horton, a signalman, was directing the helicopter in his 3rd consecutive shift. A blue shirt, Gladstone, may have not adequately discharged the static electricity before the load set down thereby sparking and setting off the magnesium flares which ignited the ammunition injuring rookie airman J Lurie. Finally, to shut off further involvement of crew, the Capt accepted blame; but, H decided the mishap didn't require further charges, which further angered Yuen. H thanked Ingles for rescuing him from his mishap and said that he wished he was back on the carrier.
S barged into Hs apartment when he was gone, went through mail, snooping, met Sergei - who thought she was "pretty lady" even with her hair in a "fist." M reminded T if he let slip their "secret - you won't have a six." He retored, "is this what it's like being friends w/ you?" She said, "It's just the beginning."

Answered Prayers - 145

[A truly amazingly written show!] Coats and her worthless preacher father was introduced. Because of Christmas leaves the judge orders H to take care of Coates awaiting trial. He is talked out of putting her into jail and tried to leave her with her father. When he saw how demeaning and hateful her father was he convinced M to take her in overnight. Singer prosecuted the case. Coates ended up with H at a pre-sermon party given by the Roberts and was accused of stealing Ss new jeweled bracelet. She ran from the party and H had to track her down and bring her back only to find that Ss bracelet had been taken by "little AJ." S was eventually stood up by wealthy boyfriend who bought her the jeweled bracelet.

Mikey went before Lindsey for his acceptance interview for the Naval academy. H restored his Vet w/ Ts help. T revealed a childhood punishment by his chaplain father for "wrongful appropriation of a bike." Hs car didn't have a top on it yet so he refused to give T a ride; and then it was "stolen" from his garage. Webb tried to make cell phone contact w/ H throughout the story but was nearly blown up. Chloe talked to her deployed dad on the phone, and helped M & H befriend Coats. H kissed M under mistletoe.

C had to defend the Navy in a "publicity trial" from a NY lawyer claiming "imprisonment" of reindeer getting on to military runway in Iceland. T introduced his father Chaplain Turner who was going to give his 50th Christmas sermon in the service. He is recalled to active duty one time a year to give the sermon. C recalled to him his memory of a Xmas sermon in Vietnam that really helped him through the hard times and realized it had been chaplain Turner who had given it! Chaplain T called in a favor from a Jewish chaplain friend in Iceland and got him to take custody of the reindeer.

Chaplain T used the theme "the unsung father Joseph" as a vehicle for flashbacks into the characters' fathers' relationships: "had a premature death, but taught skills & prepared for future," and "bind up the broken hearted and free the captives"-- (Hs father); "at times a solid foundation for family, support taken for granted or may need shoring up himself"-- (Mikey, B); "tired, impatient, mired in own problems"-- (M & her father reconcile B4 death); but, "he always looked beyond here and now; keeping one eye on the next generation so of necessity he is a man filled w/ hope that a knowing God watches over the universe, hope that justice will prevail, hope that we will be reunited w/ loved ones"-- (B & Hts loss of baby). Paul said: "abide by these 3: faith, hope, Love, the greatest love. When we give thanks to the father for our blessings, let us not forget Joseph or our own fathers"-- (back to H) "that they not be forgotten this Xmas."

Afterward C told the chaplain "you did it again" (comparing w/ previous sermon in Vietnam.) Lindsay told Mikey he was accepted to naval academy. Big Bud complimented Mikey & hugged him. Singer met Lindsey. T "returned" Hs car he "appropriated" with a new top. Coats stayed w/ M & kissed H in gratitude "I could get arrested but it was worth it". And lastly, H went to the Vietnam wall to see his fathers name & found an Xmas card taped to it addressed "to Harmon Rabb Sr - the father I never knew"-- Sergei appeared. Webb had risked his life & traded Chechens wheat for him and brought him out! Webb said "merry Xmas H" but didn't allow Sergei to say "thanks" by giving him a preemptive "you're welcome."

Dog Robber (Part II) - 144

[Continued from part 1] Lt. Barrett was taken into custody after blowing up the surveillance plane and asked Harm (H) to defend him. Adm Boone (the CAG) told H that "by all rights we should be giving him a medal." Chegwidden (C) then did assign H the defense and H turned down Singers (S)offer to assist, in favor of asking Bud (B). She then offered to help Turner (T) who was prosecuting. While T was helping H restore his Vet - H had to remind him that "according to, I've NEVER had a winnable case." Barrett had been selected for the Naval Academy as a third generation Navy man. Boone told H that he was upset of the inequities that "would give the person giving their secret plane to the Chinese a medal; while it court-martialed the person who prevented it! He told H of a time in Vietnam when they were ordered not to hit the lighthouse in Hanoi Harbor (because of it's necessity to shipping) even though it was a site of an enemy artillery unit. When 3 US air crews had been lost, Boone said that he sent his wingman on ahead and he turned back and pumped 2,000 rounds of ammunition directly into the flack site. Boone asked if H "would have brought him up on charges." H merely responded that it actually had been his own Dad that had done the deed not Boone, as he had heard the story in his father's letter-tapes. H also told him that his dad had said Boone "could never hide what you were thinking or feeling... so I'd clean you out in poker." Boone asked "have you always been this obnoxious?" H said, "yes, you just never noticed." "The larger truth is on your side," Boone said. "Yes," said H, "we just have to get past the facts."

[This is where the story breaks down. Zito seems to need to make H look woefully inadequate in order to maintain the drama] Unbelievably, Chinese General Shin-wa Chen who: had their pilot ram our EP3, hide in Manchuria, lie about being dead, incarcerate our air crew, then hold the CAG at gun point while he stripped the electronics from the plane-- testified (lied) in case! (?!!). [and amazingly Zito had H completely ignore all of that in his defense] When H told Shin-wa to "give the pilot our regards," Chen-wa said that "Lt. Li has died"- (was killed). Boone testified about the "don't give up the ship" tradition which were the dying words of Capt Laurence of the USS Chesapeake when he went against the HMS Shannon. H asked for an example where the concept was not followed and Boone mentioned the shame of the USS Pueblo incident where the ship was turned over to 4 North Korean gunboats without firing a shot! "For 30 years it has been tied up at a dock in N Korea and is an affront to every man and woman who served in the Navy. We should have gone in and sunk the damn thing." He testified that since 1952 Chinese Migs have attacked 7 intel planes in missions off the coast of china, killing 18! Barrett was found guilty but sentenced only to punitive discharge.

M investigated a hotline complaint of Marine Capt. Sheila Grantham that her CO Col Harry R Presser had created a hostile command influence. The call came 5 min after a videotape, of her looking stupid doing her PFTs, was shown on the "military bloopers" TV show. Presser refused to follow the military guidelines on fitness standards for women which allowed women three extra minutes in their running. Grantham was not able to keep up with the men's standards. It was the procedure of Training Chief G Sgt Smith to Videotape the training sessions "for educational purposes." M found that incredibly Smith had undergone a "heart transplant last year" but was still on duty. He told M that he "didn't understand weakness at all- it was my heart that gave out, not my spirit." When M tried to talk reason with Presser he tried to intimidate her and in his arrogance shamed her into doing her re-quails while she was there at his base. He personally stood all macho and grumpy at parade rest during her PFTs. M did decide that the allegations were true and made recommendations that would ruin his career. Then M told Grantham that she had discovered that it was actually her who had leaked her own videotape to the media and asked if she would do better out of the corps. C told M to charge her with conduct unbecoming. Even though it would be hard to prove, someone might follow the case and might still give Presser a shot at improving himself.