A group of Marines in Iraq discover some documents in a government building they're raiding, as well as an Iraqi Intelligence report. One of the Marines exclaims that the document needs to go over to Centcom. It says that there's a hundred Stinger missiles in the hands of terrorists in Paraguay. And with it is a list of possible targets in the United States.
JAG HQ
Mac seats herself in a chair in front of the admiral's desk, the admiral sits behind his desk, and Webb stands by the window.
Mac: You wanted to see me, sir?
AJ: Have a seat.
Mac: Mr. Webb.
Webb: Colonel.
AJ: We've just received word that Sadik Fahd is in possession of more than 100 Stinger missiles.
Webb: Sadik Fahd is in line for the Lifetime Achievement Award in terrorism. Iranian-born, he served as Arafat's bodyguard in the 70's. Later, he joined Hezbollah in Lebanon.
Mac: Was he part of the bombing at the Marine barracks?
Webb: Yes. He also fought in Afghanistan where he hooked up with Al-Qaeda.
Mac: Where are the Stinger missiles?
Webb: South America. Paraguay to be precise. The weapons were purchased piecemeal on the international arms market by a Paraguayan drug dealer, named Raul Garcia. In turn, he sold them to Sadik. And we believe Sadik plans to use those weapons against targets in the U.S.
AJ: Webb's requested that you be assigned to him T.A.D. I've agreed.
Mac: Whatever it is, sir, I'm on board.
AJ: Needs a wife.
Mac: Sir?
AJ: Pregnant wife.
Mac: This is a stretch, even for you, Webb.
AJ: As you know, Webb's been stationed in Tierra del Fuego. His cover is an American arms dealer.
Webb: A married arms dealer. With a wife in the family way. You're a logical choice as my soul mate. You're a woman, a Marine with weapons expertise, and like Sadik, you speak Farsi.
Mac: Like any number of CIA operatives you have access to. Why me?
Webb: I'm not at liberty to discuss the reasons for tapping you, Colonel.
Mac: I see. Well, there's just one little snag in your plan. I'm not pregnant.
Webb: I can take care of that.
JAG OPS
Harm enters JAG Ops and spots Harriet.
Harriet: Sir, oh, it's great to have you back!
Harm: It's nice to be back, Harriet. How are you doing?
Harriet: I'm good. Except for the edema. My legs are the envy of sumo wrestlers everywhere, sir.
Harriet exits through the double doors and Harm continues on. Tiner walks up.
Tiner: Morning, sir. We sure are happy for you, sir.
Harm: Well, thank you, Tiner. How's law school?
Tiner: Graduate in three weeks, sir.
Harm: Way to go.
Tiner: Thank you.
They part and then Coates spots him.
Coates: Good to see you on the upswing, sir.
Harm: Well, no thanks to you, Coates.
Despondence marks her features.
Harm: Come on, where's your sense of humor?
Coates: Sir, about my testimony, I....
Harm: Pretty damning.
Coates: Yes, sir.
Harm: You could've lied.
Coates: I considered it, Commander.
Harm: Well, the fact that you didn't supports my faith in your character, Coates.
She smiles gratefully.
Harm: Is that for me?
He points to a large stack of mail in her hands.
Coates: Yes, sir. I sorted it for you.
Harm: Thank you.
Harm enters his office and sees it completely disheveled. Boxes are everywhere. Sturgis walks up to his door.
Sturgis: You'd think they'd have the courtesy to put it back.
Harm: NCIS did this?
Sturgis: You were their chief suspect.
Harm: It'll take weeks to put back together.
Sturgis: Good excuse to redecorate. It's good to see you. Congratulations.
They shake hands.
Harm: All I did was sit in a cell.
Sturgis: You could still be sitting there.
Harm: Yeah, that's true. I owe Agent Gibbs a debt of gratitude.
Sturgis: What was your reaction when they charged Lindsey?
Harm: I'm moving on, Sturgis. One foot in front of the other.
Sturgis: Very enlightened of you.
Harm: There's nothing else I can do. So, how 'bout you? How are you doing?
Sturgis: I have a bit of a problem, actually.
Harm: You don't have problems.
Sturgis: Concerns the Lieutenant Duncan case.
Harm: Was that the software thief?
Sturgis: The one you and Mac busted. His case will be reviewed in the Navy-Marine Court of Criminal Appeals.
Harm: So, that's good news. You were his defense attorney.
Sturgis: The brief was filed by his civilian attorney. They're claiming ineffective assistance of counsel.
CIA HQ
Webb: Two weeks ago, I made contact with Raul Garcia. Now Garcia's the arms middle man, who bought the missiles on the back market from Russia, China and Afghanistan. He sold them to Sadik Fahd. The problem is we don't know Sadik Fahd's whereabouts', or where he has the Stingers hidden.
Mac's shadow is seen behind a glass partition putting on a pregnant suit with the assistance of a woman.
Mac: So, what 's the plan?
Webb: Sadik Fahd's Stingers are cobbled together from surplus parts. They're missing a key component: an upgrade that makes them fly straight.
Mac: Always an advantage, with a missile or a man.
Webb: So, here's the deal: I tell Garcia I have circuit boards to upgrade the missiles. He buys the boards from me with diamonds, sells them to Sadik Fahd for uncut coke.
Mac: So, we get the diamonds, Garcia gets the coke, and Sadik gets whatever he needs to make the missiles work.
Webb: The upgrade package leads us to Sadik. First, we get the Stingers back. Then we eliminate Raul Garcia and Sadik Fahd. Simple in concept, difficult in execution.
Mac comes out from around the partition with one hand curled around the bulge in her stomach, wearing a black dress.
Mac: I feel like the Goodyear blimp.
The woman who assisted her questions her in Farsi, and she replies, in the same language.
Webb: Uh, thank you, Rosa.
Rosa nods and exits and Webb turns to Mac.
Webb: And thank you, Colonel, for just getting the both of us killed.
Mac: I thought you wanted a Farsi speaker.
Webb: I want a Farsi listener.
Mac crosses her arms with a wry look on her face.
Mac: So, I should be seen, but not heard. Is that what you want, Webb?
Webb leads Mac across the room.
Webb: Look, I want you to monitor conversations, not respond. Otherwise, the last sound you will hear immediately after letting our enemies know you speak Farsi will be a bullet passing through your brain.
Mac: Point taken.
Webb picks up a large black box and opens it, revealing a diamond necklace. Mac gasps slightly.
Webb: They're real.
Mac: They ought to be. Drag your pregnant wife through the jungle, it's the least you can do.
Webb: Turn around.
Webb clasps the necklace around her neck as a man walks up behind them.
Diamond expert: The necklace has 91 radiant-cut diamonds, with a total of 21.1 carats. The center diamond is 2.05 carats. Clarity, V-S one, color G, platinum mounting.
Webb finished clasping the necklace around her neck.
Webb: Remember that as if your life depended on it, Sarah.
Mac: Why?
Webb: Because, I told Raul Garcia, I'm married to a diamond expert. So, unless you can tell the real thing from cubic zirconia, our cover is blown. The next thing you know, we're both lying dead in the street.
Mac: No pressure, then.
Webb: Besides, I don't want to be cheated.
Mac: Who does? Why diamonds?
Diamond Expert: It's the perfect currency, Colonel. Diamonds possess many advantages. They're easy to hide, they do not set off alarms, they cannot be sniffed by dogs, and they can readily be converted to cash.
The Diamond Expert pulls a small, black velvet box out of the inner pocket of his suit and opens it.
Diamond Expert: Take this stone, for example. It is an icy, winter white, set in platinum. But the mounting hides a tiny fracture.
Webb: Give me your hand, Sarah.
Mac slips her hand into his grasp and he slides the ring over her finger.
Webb: With this ring, I thee wed.
Mac: You do know how to treat a girl.
Webb: We need to see you over here, for a moment.
Diamond Expert: You know diamonds are like people, Colonel. Very often the imperfections are hidden.
JAG HQ
Bud with the help of a petty officer is carrying some boxes into Commander Manetti's vacated office. Sturgis catches up with him.
Sturgis: Lieutenant?
Bud: Yes, sir.
Sturgis: What have you got on your plate right now?
Bud: Nothing, sir. You got a morsel for a starving attorney?
Sturgis: I've got a four course meal.
Bud and the petty officer place the boxes down in his office.
Bud: Thank you, Petty Officer.
Sturgis: Should be an interesting case for you. You may remember a lieutenant I defended charged with sabotaging military software, in order to turn it around and develop it at a video game company.
Bud: Yeah.
Sturgis: The adequacy of my defense is being challenged on appeal.
Bud: Oh, I'm sorry to hear that, sir.
Sturgis: I'd like to suggest the Admiral assign you to represent the Government at oral argument.
Bud: Well, I'd be honored, sir. It'd be nice to be on the other side this time. I'm just curious, why me, sir?
Sturgis: I trust you, Lieutenant.
Bud: You prosecuted at my trial, sir.
Sturgis: That's what makes it interesting, isn't it?
HARM'S APARTMENT
Harm is sitting in his apartment strumming on his guitar when he hears a knock at the door. He gets up distractedly and walks towards the door as he continues plucking the strings of the guitar. When he opens it, he see Mac standing there in a beige overcoat.
Harm: Hey!
Mac: Hi!
Mac sees the guitar in Harm's hand and peeks inside.
Mac: Are you entertaining?
Harm: Uh, no, uh, just entertaining myself.
They both smile at each other and she enters.
Mac: I just came by to see how you are, after all you've been through.
Harm shuts the door behind her.
Harm: Well, uh, so far, no one's accused me of murder.
Mac: Well, it's early yet.
Harm: That's true.
Mac smiles and takes off her overcoat, placing it on the kitchen island. Harm sees her protruding belly.
Harm: Whoa!
Mac stands there with a hand on her side.
Mac: (with feigned innocence) What?
Harm: Something you want to tell me?
Mac: Plenty.
Mac seats herself.
Harm: How did you hide this?
Mac: Bigger clothes.
Harm walks over and places a hand on her swollen stomach for a moment. She smiles up at him. He removes his hand and clutches his guitar in his crossed arms.
Harm: There's a story here, somewhere.
Mac: Listen, I'm going away.
Harm: Where?
Mac: Can't say.
Harm: For how long?
Mac: Don't know.
Harm: This has Webb written all over it.
Mac: He needed a pregnant wife. I'm his cover story.
Harm: Is it dangerous?
Mac: Very. I travel to Paraguay tonight, but I needed to know that you were okay. You've been through a lot lately.
Harm places his guitar down while Mac smiles and rises.
Mac: I'm coming back, you know.
Harm: I don't want you to go, Mac.
Mac continues smiling and slides on her overcoat.
Mac: Why is it that you're only like this when I have one foot out the door?
Her arms are folded in front of her, her eyebrows raised, questioningly.
Mac: Your interest always fades when I might be in a position to actually return it.
Mac crosses the room to the door and opens it.
Harm: Mac....
Mac pauses and looks at him a bit sadly, turns her head and exits closing the door behind her. Harm stands there staring at the closed door.
HOTEL NUEVO SIMPATICO
Webb and Mac enter their hotel suite, lead by a CIA agent, Alvaro, who is posing as their driver and carrying in their luggage.
Alvaro: I will bring the car out front around 9:00 am, after you take your breakfast. Then I am at your beck and call.
Webb: Gracias.
Alvaro places the bags down.
Alvaro: We have arranged a corner room. You have a long view of the street, Señor Webb.
Webb: Williams, Alvaro. Don't forget.
Alvaro: Right. Pardone me, Señor I will not make that mistake again. Until tomorrow, Señor Williams.
Webb moves toward the window with his bags.
Alvaro: We've been expecting you. But I did not think I would find someone so beautiful.
Alvaro turns and leaves. Mac watches him retreat and close the door. She then addresses Webb.
Mac: Swank hotel suite, our own CIA driver. You really pulled out all the stops, Webb.
Mac bends and picks up her luggage, taking it into the bedroom. Webb closes the curtains in the room.
Webb: Uh, keep in mind your condition, darling.
Mac drops he luggage on the bed and turns.
Mac: Uh, right. How could I forget?
Mac places a hand on her stomach.
Mac: Why did you make up a story about this?
Mac goes over and unzips one of her suitcases and begins placing some clothes away. As she does so, Webb takes off his jacket and places it on the chair in the front room. The two rooms are connected and there is no door, so the two can see each other easily as they converse.
Webb: First, it was to explain your absence.
Webb starts digging behind a picture next to the chair.
Webb: Then I figured it would put me in a better light. They like kids.
Mac: Everyone likes kids.
Webb: Yeah, but they're special down here. They're not just born one day and put into day care the next.
Webb grabs two guns from behind the picture and places one on the arm of the chair.
Webb: Alvaro did his job. You ever want kids?
Webb sits down on the chair, checking the gun out. In the connecting room, Mac peers at him and smiles, while grabbing a white shirt from her suitcase.
Mac: Funny time to ask. You have to find the right man, right time and place.
Webb is still examining the gun.
Webb: You have the right man, don't you?
Mac: You really believe that?
Mac puts the shirt in a drawer, closes it and returns to her suitcase.
Webb: Well, Rabb wouldn't be my choice. He's too oblivious. But you do need someone who can stand up to you.
Mac: There's a difference between stand up to and run right over the top of.
Webb: You shouldn't have trouble drawing the line.
Mac goes into the bathroom and begins brushing her teeth.
Mac: Really? How much luck have you had with Harm? Why all the relationship advice? I don't see any women in your life.
Webb rises from the chair and goes to the room.
Webb: Except you.
Mac enters brushing her teeth.
Mac: I'm just a rental.
Webb: I've had my share of women.
Webb closes the curtains in the bedroom and turns to Mac, who stands there, toothbrush in hand.
Mac: Yeah, I counted three when Harm and I were in Australia. They were all taller than you and their bust size was larger than their IQ.
Webb smiles.
Mac: Are you close to anyone, Webb?
Webb: My mother.
Mac: Mmm...Just what every girl wants to hear.
She exits and goes back to the bathroom.
Webb plucks a rather thick book from Mac's suitcase.
Webb: I hope you do know your diamonds from A-Z. When we meet Garcia tomorrow, you have to know your stuff.
Mac: Some people take a lifetime to learn about diamonds.
Mac shuts the water off and enters the bedroom, fumbling with the clasp of her necklace.
Webb: I'll do that.
Mac: Thanks.
Webb unclasps Mac's necklace.
Webb: You look good with half a million dollars hanging around your neck.
Mac has a wry smile on her face.
Mac: Thank you.
She takes the necklace and places it on the bed.
Mac: Would you mind turning around?
Webb: Yes.
Mac: Suit yourself.
Mac takes off the black dress she was wearing to reveal the pregnant suit she has on underneath it. Webb turns his head with a slight smile. Mac has a smirk on her face. Webb is facing the curtains and begins addressing her with his back towards her.
Webb: Which side do you want?
Mac: Of what?
Webb: The bed.
Mac: The one that you're not in.
Mac wanders off to the bathroom.
JAG HQBUD'S OFFICE
Bud is in his office with his prosthetic leg atop his desk. He's tying the shoe on it and straightening the sock, when a knock is heard. He looks up and sees Harm there, standing in the doorway. His face lights up.
Bud: Commander! How are you, sir?
Harm gazes around Bud's sparsely furnished office. The only decoration are boxes similar to the ones in Harm's office.
Harm: No better than you, apparently. (He pauses a brief moment.) Well, you're back in your old digs, huh?
Bud: Yeah, now that Commander Manetti has moved on.
Harm: Listen, I've been talking to Sturgis.
Bud takes his prosthetic off of his desk and begins attaching it.
Bud: I'm surprised that he has faith in me to handle the Duncan appeal, sir.
Harm: Come on, Bud, you're a natural. Especially since you were already defendant in the Masuro case. Gives you perspective.
Bud: You know, it's just that ever since I came back, I just haven't felt on top of my game. Guess I've been trying too hard to regain everyone else's respect.
Harm: What makes you think you lost it?
Bud: Well, that seems to be the general impression around here, sir. I wasn't able to pick up where I left off. I was given grunt work, thrown a few minor cases. You even passed me up, at first, sir.
Harm: Well, actually, that's why I'm here, Bud. I'd like to help. You interested?
Bud: Are you asking to be my co-counsel, sir?
Harm: Judge.
MOOT COURT
Harm is sitting judge in a court room empty, save for the presence of Tiner and Bud.
Tiner: I would like the court to focus primarily on defense counsel's failure to attack the military's jurisdictional assumptions. We believe that the appellate should not, in fact, have been subject to the UCMJ, in the first place. And that defense counsel was derelict in failing to raise this issue at trial.
Bud seems confused and peers down at some papers in front of him.
Bud: I'm sorry, uh, can we stop for a minute, sir? Uh, this is one small paragraph on page 18 of the appellant's brief. I can't imagine the attorney would think he'd get much from it, sir.
Tiner: Why not, sir?
Bud: Commander Turner understood that you either have jurisdiction, or you don't. Lieutenant Duncan didn't cash out, it's cut and dried.
Harm: Look, I thought the idea of a moot court was to prepare you for left turns, Bud.
Bud: I understand that, sir, but this seems a bit of a stretch.
Tiner: Sir, the Lieutenant was never informed that his release from active duty wasn't final. Commander Turner failed to argue this in court.
Bud: Well, because Mac would've argued that all of the relevant information was in his service record.
Tiner: Well, that's an assumption, sir. Shouldn't he have tried everything?
Bud: I don't think failure to do so would constitute an ineffective assistance of counsel.
Harm: Look, by not arguing lack of jurisdiction, the Commander missed an opportunity to knock the Government's case right out, Bud. It's an interesting angle. Especially, since there's no disparities case law on the subject.
Bud: I-I don't know, sir. I was planning on focusing on the arguments that they brought up first, sir. The fact that the Lieutenant wasn't given his Article 31 rights by you or Colonel Mackenzie.
Harm: We didn't give him his Article 31 rights, because at the time, we didn't think he was subject to the UCMJ.
Bud: Exactly, sir.
Harm: It's a technicality that could be exploited, Bud. Tiner's onto something. You should look out for it. Nice work, Tiner. You know, you're gonna make one hell of a lawyer one day.
Tiner: Thank you, sir.
CAFÉ IN THE HOTEL NUEVO SIMPATICO
Webb and Garcia are standing at the arrival of Mac.
Webb: Here she is at last. Raul, my wife.
Garcia: I am honored to know you, Mrs. Williams. Please, be seated.
They all sit.
Mac: Thank you, and it's Jane.
Garcia: I've ordered a cognac for you. And for you, Jane, and your baby, herbal tea.
Mac: Ah, gracias.
Garcia: You have traveled a long way.
Mac: I go where my husband needs me.
Garcia eyes her necklace.
Garcia: You should not wear such an expensive necklace on Ciudad del Este. Unless those stones are paste.
Mac: No, I would know if they were.
She points to the center stone in the necklace.
Mac: 2.05 carats. Surrounding it are 91 diamonds, radiant cut, totaling 21.1 carats.
Garcia: The color is F.
Mac: G.
Garcia: Clarity, V-S two.
Mac: V-S one. Not a bruise, cloud, needle, twining, wisp or pinpoint in sight.
Garcia: So, you know what you own.
Mac: Yes, and tomorrow we will know what you own. We'll see if you are who you say you are and whether you can be trusted. You see, you should know this, I will not allow my husband to be cheated.
Garcia: I will call your cell phone with directions as you go.
Webb: And I will bring only a driver.
Garcia: And I will have only my driver.
Raul Garcia stands.
Garcia: Señor, señora. Hasta manana.
JAG HQ
The Admiral walks up to Tiner, who is standing near the elevators.
Tiner: Admiral.
AJ: Time on target?
Tiner: 1200, sir, mark, mark.
AJ: Point of contact?
Tiner: 1415, sir. After the meal you will signal the waiter with your eyes. He will deliver the ring on a silver tray, set it on the table in front of Ms. Cavanaugh.
AJ: (sighs) Excellent.
Tiner: Thank you, sir. Good luck, Admiral.
AJ gives him a thumbs up as he heads to the elevators.
RESTAURANT
AJ: I'm, uh, glad we're finally able to do this.
Meredith: What are we doing?
AJ: Having lunch.
Meredith: You're pleased we're having lunch?
AJ: I'm pleased that you're finally seeing me again.
Meredith: I'll accept that.
AJ: You're not still mad at me?
Meredith: That's faded.
AJ: And we're clear on this whole retirement debacle?
Meredith: I am relieved you're not retiring, yes.
AJ: And the marriage thing?
Meredith: (laughs) AJ, uh, I'm-I'm confused. How is it that someone as well-read as you becomes so inarticulate when discussing this subject?
AJ: (laughs) I don't know. I love words and sometimes they fail me and when that happens, I try to find a simpler way to communicate. Even Shakespeare couldn't match a true gesture of the heart.
Meredith: And what is in your heart?
AJ signals to the waiter with his eyes.
Meredith: AJ?
AJ: Just a minute.
Meredith: Just answer the question.
AJ: And I'm going to.
Meredith: Okay, what's going on?
AJ: The waiter has something for you.
The waiter places the bill in front of Meredith.
Waiter: Here you go, ma'am.
A look of horror appears on AJ's face when he realizes what just occurred.
JAG HQ
Officers are strewn about JAG Ops, all frozen in their activities, listening intently to the yells coming out of AJ's office.
AJ: Do you have any idea how embarrassed I was?! She paid it! She paid the damn check! You told me that you set it up. That they knew what was going on. It took me half an hour to trace the ring down. Some damn dishwasher was trying it on!
Tiner: I am so sorry, sir.
AJ: Sorry, my ass! Listen numb nuts, you stay out of it. You...
Tiner: I'm sorry, Admiral. Next time...
AJ: No! Hell, no! There's no next time! You stay out of it! You just, stay the hell out of it, and I'll take care of it myself!
Tiner: Sir...
AJ: Dismissed!
Tiner: Aye, aye, sir.
CAFÉ IN THE HOTEL NUEVO SIMPATICO
Webb and Mac have finished setting up a meeting time and contact instructions with Garcia. They are now sitting at the table alone.
Mac: Why aren't you talking, Webb?
Webb: For the past eight months, I've been in a hell hole at the ends of the earth. The only reason I got this assignment was because Tierra del Fuego was close. The Agency needed someone who knew the terrain.
Mac: So, now you have a second chance.
Webb: The reason I'm telling you this, Sarah, is because you're part of it now. For the first time in my life, I don't trust myself. I'm taking too many chances. I hope you can live with that.
Mac: Do I have a choice?
HARM'S APARTMENT
Harm lies in his bed staring up at the ceiling. We see and hear and excerpt from their earlier conversation.
Mac: Why is it that you're only like this when I have one foot out the door? Your interest always fades when I might be in a position to actually return it.
He turns to the other side of the bed restlessly and grabs the pillow next to him, and stares open-eyed into the darkness.
HOTEL NUEVO SIMPATICO
Webb and Mac are conversing in their hotel room.
Mac: Your snoring is killing me.
Webb: Nobody's perfect.
Webb puts on a shoulder holster.
Mac: Some people aren't even close. What about me?
Webb: No weapon.
Mac: I'm an expert marksman, Clay.
Webb: Can't take a chance that they'll search you. If they find a weapon on you, who knows what else they might find.
He gives her stomach a single pat.
Mac: What if they search you?
Webb: They will. I'm an arms dealer. Besides, it's expected of me, I'm a man.
Mac: You know, when I couldn't sleep last night because of the racket you were making, I took a closer look at this necklace. There's dried blood in the catch. Just, uh, where did this necklace come from, anyway?
She puts the necklace on.
Webb grabs his keys.
Webb: Company property.
Mac: Confiscated?
Webb: The necklace only recently came into our possession.
Mac: You ever get used to it? The killing?
Webb: Just another day at the office.
Mac: You do seem to love your work.
Webb: A conscience or a soft heart doesn't play well for a field agent, Sarah.
Mac: Then you have a problem, Clay, because you have both. You've proven that again and again.
Webb smiles.
Webb: Don't overestimate me, Sarah.
Mac: No time for goodness?
Webb: Not in my life.
JAG HQ
Tiner jumps from his chair and opens the Admiral's door for him.
Tiner: Uh, can I take that, Admiral?
Admiral: It's a cake, Tiner.
Tiner: Yes, sir.
Admiral: On a rose in the middle of this cake, I'm going to place the ring. Then, I'll ask Meredith to cut it.
Tiner has taken possession of the cake.
Tiner: Good plan, sir.
Admiral: Now, I'm telling you this because I don't want you to sit on it, or throw it at anyone.
Tiner: Admiral, you have my guarantee that nothing, and I mean nothing, will happen to this cake.
AJ: For whatever the hell good that is.
COURT OF APPEALS
Bradford: May it please the court, my name is Harlan Bradford, appearing for the appellate, Lieutenant Jeremy Duncan, of the US Navy. In question, is the grossly deficient and prejudicial performance of Commander Sturgis Turner-the appellant's detailed defense counsel. We intend to prove as is outlined in our brief, that during the trial, the commander was virtually asleep at the wheel and failed to perform his duties in an objectively reasonable manner.
Military Judge 1: Excuse me, Mr. Bradford, but wasn't the evidence against your client overwhelming?
Bradford: The Government's case rested almost entirely on incriminatory statements made by the accused himself, you honor. We argue that Commander Turner should have, in the interest of his client, moved to suppress the admission of these statements.
Judge 1: On what grounds?
Bradford: On page 18 of our brief, we've introduced a jurisdictional question. The heart of our case is the evidentiary issue and its Constitutional ramification.
Bud seems to become disconcerted at this.
Bradford: JAG investigators, Colonel Mackenzie and Commander Rabb failed to apprise Lieutenant of his Article 31 rights, prior to obtaining the incriminating admission.
Judge 2: But that was because he was under the impression, as well as your client, that he was discharged and was no longer on active duty.
Bradford: Your honor, according to the trial court and prosecution that impression was incorrect. A reasonably competent attorney would have moved to suppress, given the unusual facts of this case.
Judge 3: I see deficiency, counselor, but where's the prejudice?
Bradford: The unwarned statements given by Lieutenant Duncan had a significant affect on the outcome of the trial. In lieu of his admissions the Government's case was largely circumstantial. There was no direct evidence or corroborative witness presented to indicate that the Lieutenant was actually the individual responsible for sabotaging Government property.
JAG HQ
Harm walks into the bullpen and stands next to Harriet, who is rubbing her legs.
Harm: You okay, Harriet?
Harriet: Yes, sir. I'm fine.
Harm: Your legs hurt?
Harriet: Yes, sir.
Harm: Is there anything I can do?
Harriet: Not unless you want to listen to me vent, sir.
Harm: The floor's yours.
Harm grabs a chair and seats himself opposite her.
Harriet: Well, thank you, sir. I'll be brief. Sir, I don't think of myself as a complainer, but every one of my pregnancies has been difficult, and each one has had it's own set of problems. And, sir, for somebody who wants children as much as I do, you'd think I'd catch a break, that's all.
Harm: Well, I think your frustration is well-deserved, Harriet. Especially, in light of your last experience.
Harriet: You don't think it sounds ungrateful?
Harm: Not coming from you.
Harriet: Thank you.
Harm: Hey, uh, have you had lunch?
Harm looks at his watch.
Harriet: No, sir.
Harm: You wanna have lunch with me?
Harriet: Oh, I'd love to, sir, but the thought of traipsing down there....
Harm smiles.
Harm: You're not gonna have to traipse. Feet up.
Harriet: Sir?
Harm: Feet up. Come on, Lieutenant.
Harm wheels her through the office in her chair, Harriet laughing delightedly all the way.
COURT OF APPEALS
Bud: May it please the court, Lieutenant Bud Roberts for the respondent. Opposing counsel has addressed what he sees as deficient performance on behalf of the appellate.
Judge 3: Continue counselor.
Bud: It's easy to look at Commander Turner's performance in 20/20 hindsight. But the presumption should be that defense counsel made his decisions for legitimate reasons.
Judge 3: And those would be?
Bud: That, uh, arguing against admission of his client's testimony would be difficult. Given ...that this is a unique, factual scenario and that there exists little case law to, uh, guide the outcome.
Judge 1: Are you saying that difficult strategies are beyond Commander Turner?
Bud: No, your honor.
Judge 1: Then what's your point?
Bud: The Government will acknowledge a lack of aggression on the part of Commander Turner. But, the accused is entitled to only a Constitutionally adequate defense. It is our opinion that is what he received.
Sturgis, who was sitting in the back of the room, leaves.
ADMIRAL'S OFFICE
The Admiral stands at a filing cabinet at the side of his office, when a knock is heard at the door.
AJ: Enter!
Harm enters the office.
Harm: Do you have a moment, sir?
AJ: What is it?
Harm closes the door.
Harm: Well, it's, uh, it's about Colonel Mackenzie's recent assignment, Admiral.
AJ: What about it?
Harm: May I ask the nature of this assignment, sir?
AJ: Yes.
Harm: Will you answer me, sir?
AJ: No. Commander, if I hear there's a need for concern, I won't hesitate to let you know.
Harm: Thank you, sir.
AJ: I assume that satisfies your curiosity. Never mind. Dismissed.
Harm: Aye, sir.
AJ'S RESIDENCE
AJ is in his kitchen talking to Meredith, who is sitting in the living room, while he places the ring in the rose in the middle.
Meredith: That was delicious. You know, you don't cook for me that often.
AJ: You want me to do it more?
Meredith: Well, beats picking up the check.
AJ: You know that was an incredible misunderstanding.
Meredith: Oh, hon, I was joking. What are you doing in there anyway?
He enters the living room carrying the cake.
AJ: Dessert.
Meredith: Oh, that's lovely.
AJ: Would you do the honors, please?
Meredith: Umm...you have salad dressing on your shirt.
AJ: Ah, I'll deal with it later. Where are you going?
Meredith: Well, it won't come out later. I'm going to get some club soda.
AJ: Meredith...
She comes out of the kitchen with club soda and a soft cloth.
Meredith: Ah, here we go. Come over here.
She stands by the table, near the light hanging over the table.
AJ: What about dessert?
Meredith: It will only take a minute.
AJ: Well, y...you come here.
Meredith: I can see better over here. AJ, honestly.
AJ concedes and walks over to her.
Meredith: You seem so tense. Just relax a little bit. Did I ever tell you about the time a waiter spilled tomato sauce all over my skirt? He was mortified and he tried to get me to clean it up, but I couldn't, 'cause it looked just like South America. There. All better.
He chuckles. They turn to the cake and see AJ's dog, Damn It, eating it.
Meredith: Oh. Oh, AJ.
She laughs. He looks dumbfounded.
Meredith: AJ?
OUTDOORS AMONGST TREES
Chegwidden sighs as he leads Damn It out to use the rest room.
AJ: Come on, Damn It.
He pulls a plastic bag out of his pocket, placing it over his hand, while the dog sniffs around, and sighs again, looking up into the night sky.
OUTSIDE A PARAGUAYAN RESTAURANT
Webb and Mac exit a restaurant with neon signs to enter a car. The door is held open for them. A man walks up and pulls out a gun while they're sitting in the car, trapped. Mac sees him first.
Mac: Clay!!
Webb reaches for his gun, but isn't quick enough, and the man shoots them both several times.
Harm jumps up in bed and gasps for breath with eyes widened.
He covers his face with his hands and brings them down, still gasping for breath.
JAG HQNEXT DAY
Harm enters JAG Ops with his cover and briefcase in hand.
Harm: Petty Officer Coates, do they have any high-test brewing?
Coates: Just ran out, sir.
Harm: Well, can you brew some more?
Coates hurries to catch up with him, as he walks towards his office.
Coates: Yes, sir. Sir, I've been collecting messages for Colonel Mackenzie but she's not on the T.A.D. board and I'm at a loss as to what to tell people.
Harm: She's fine.
Coates: That wasn't my question, sir.
Coates looks confused.
Harm: Well, that's the answer.
Coates: Is there a reason to be concerned, Commander?
Harm: Just brew the coffee, please.
Coates: Aye, aye, sir.
Harm enters his office, puts his cover and briefcase down and plops down in his chair. He leans back in it and sighs.
WEBB AND MAC'S CAR
Mac reads to Webb from the diamond book she brought along.
Mac: In ancient Rome, a diamond was a get-out-of-jail free card. If a criminal could smash a diamond with a hammer and anvil, he won his freedom. Diamonds made the iron rebound and the anvil split asunder. Or so says Pliny the Elder.
Webb: So, it never worked?
Mac: Pliny doesn't say.
Webb's cell rings. He answers it.
Webb: Hola. Got it.
Webb hangs up.
Webb: Pull over here, Alvaro.
Alvaro: Yes, Mr. We ...Williams.
Alvaro pulls over.
Webb: And now we wait.
JAG HQ
Meredith comes walking into the area containing Tiner's desk.
Tiner: Mrs. Cavanaugh, hello.
Meredith: Hi, Jason, is he in?
Tiner: For his fiancée? I think so!
He opens the door for Meredith and she enters.
AJ: Hi.
Meredith: Hi.
She taps her fingers on the back of a chair as Tiner closes the door. AJ comes around his desk.
Meredith: I have 3 questions for you. Answer them yes or no.
AJ: Okay.
Meredith: Were you trying to propose to me at the restaurant?
AJ: Yes.
Meredith: And at your house?
AJ: Yes.
Meredith: Do you have a ring?
AJ: Yes.
Meredith: May I see it?
She extends her hand.
AJ: Yes. Yes...
He searches his pockets for it nervously.
Meredith: Say it anyway you want.
He slips the ring on her finger as he says,
AJ: Would you be interested in spending the rest of your life with a grumpy sour puss of an old man?
Meredith: Especially when you put it that way.
She slides her arms around his neck and they kiss.
HARM'S OFFICE
Sturgis walks into Harm's office.
Harm: Well, how'd it go?
Sturgis: Bud couldn't focus. Ended up throwing me to the lions.
Harm: You're kidding.
Sturgis: I haven't seen him like this.
Harm: What did he do?
Sturgis: Not very much. The appellant's attorney was prepared, had a solid evidentiary approach.
Harm: He didn't go jurisdictional?
Sturgis: No.
Harm: I may have had something to do with this. I encouraged Bud to consider other strategies.
Sturgis: But, Harm, the Article 31 was the main component of their brief.
Harm: Well, I know that but, Tiner came up with this interesting jurisdictional angle...
Sturgis: You took your cue from Tiner?
Harm: Don't get upset.
Sturgis: Harm, I asked you to supervise not encourage the brain farts of a law student.
Sturgis leaves Harm's office shaking his head in exasperation. Harm follows after him hurriedly, into the bullpen.
Harm: Hey, I was trying to help. Well, you don't really believe they're going to over turn it?
Sturgis: You know what I believe? I believe that whatever their decision, they'll probably all agree that I'm a lazy, uninvolved and mediocre attorney.
Sturgis walks off, passing a guilty looking Bud. Bud walks up to Harm after Sturgis exits.
Bud: Whatever he told you, sir, it's true.
Harm: What happened in there?
Bud: I lost my concentration and couldn't find my way out so I took the easy way out and sacrificed Commander Turner in the process, sir. It looked like it worked out, though. The panel gave us the impression that they weren't going to reverse the conviction.
Harm: Did I confuse you with my suggestions?
Bud: No, no. It's not your fault, sir. I had already planned for the other strategy. I should have been able to act on it.
Harm: Then why didn't you?
Bud: I don't know. I can walk almost as good as I used to. But when I get into a court, I can't find my legs.
Harm: You know, you keep saying that, Bud, and you're going to start believing it.
Bud: I do believe it, sir. I became stale during rehab. I lost something.
Harm: The only thing that you've lost is your eyesight.
Bud: I don't understand, sir.
Harm: You know, I can't believe I have to say this to you, of all people. You can't see beyond your own nose. Now, stop making excuses and start paying attention.
Bud looks over and sees Harriet rubbing her legs. He walks over to her and starts talking to her gently, as he places a hand on her back.
Bud: Hey, honey.
Harriet: Hi.
Bud: Let's get you home and in bed, okay.
Harriet: It's early.
Bud: No, no, no. I think JAG will be okay without you for a few hours.
Harriet: Okay.
Harriet grabs her cover from a drawer in her desk and rises. She places her hand on her side, as if a sharp pain just shot through it.
Harriet: Ow!
Bud: I got you. I got you. You okay?
She nods.
Bud: Come on, sweetie.
RURAL ROAD
Alvaro: He's here.
Webb: I see him, Alvaro.
Alvaro follows Garcia's guy in the truck ahead of them to Garcia's meeting point. There are several cars and men with guns in front of them, on the dirt road. Trees and mountains surround the clearing around the road, the remote area assuring privacy.
Mac: Looks like he's got 8 drivers.
Alvaro gets out with his gun.
Webb: Change of plans. Stay in the car.
Webb opens his door.
Mac: You need me.
Mac begins to get out too. Webb looks a bit chagrined. Alvaro stands by his door and closes it as Webb exit's the vehicle. They all walk up to Garcia.
Webb: Raul.
Garcia: Buenos tardes.
Garcia pats him down and finds the gun in his shoulder holster. Webb smiles wryly.
Garcia: This will do you no good.
Webb looks over at one of Garcia's men and sees Gunny. Mac looks in the same direction and sees him too. She's slightly taken aback and this shows on her face. Garcia notices.
Garcia: Is something bothering you?
Mac: Yeah, my butt's sore. Why can't you people pave these damn roads?
Webb smiles again and places his arm around her.
Webb: She's a little cranky today, Raul.
Webb glances around at his driver and one of the Muslim guards eyeing each other.
Garcia: Where's what you promised me?
Webb: Alvaro.
Alvaro, who was still peering at the Muslim bodyguard snaps to, and goes to the back of the car. The two Muslims follow him. He gets two computer cards out of a couple of cushioned black suitcases in the car. The Muslims examine them.
PORTER WEBB'S HOME
The phone rings and Porter Webb answers it.
Porter Webb: Hello.
Harm: Mrs. Webb?
Porter Webb: Yes.
Harm: Ma'am, hello. This is Commander Harmon Rabb. I met you some years back.
Porter Webb: I remember. You're one of Clayton's friends. You're in the Navy.
Harm: Yes, ma'am, that's correct. Ma'am, I hope I'm not disturbing you, but Clayton is currently traveling with an associate of mine, Lieutenant Colonel Sarah Mackenzie, and I need to get a hold of her.
Porter Webb: The Colonel left no forwarding address?
Harm: No, ma'am. But they left for Paraguay.
Porter Webb: No cell phone number?
Harm: Unreachable.
Porter Webb: Commander, I'm in no position to reveal Clayton's whereabouts' at any time.
Harm: I have information of a highly sensitive nature to impart to the Colonel, ma'am.
Porter Webb: Well, give it to me, and if I speak to him, I'll pass it along.
Harm: Unfortunately, I'll need to deliver it to her personally, ma'am.
Mrs. Webb: Are you concerned for her welfare? If she's traveling with my son, you ought to be.
Harm: All the more reason then, ma'am, to help me get a hold of them.
Porter Webb: Does he love this woman?
Harm: I'm sorry?
Porter Webb: Clayton is very protective of those he loves.
Harm: Well, I don't believe so, ma'am.
Porter Webb: That's unfortunate. I'm sorry, Commander. There's nothing I can do for you.
RURAL ROAD
Garcia is pouring some diamonds onto a gray, folded piece of cloth, from a small, black velvet bag.
Garcia: Take a look.
Mac puts down a little tool kit and begins digging through it. She weighs it on a digital scale.
Mac: Twelve carats.
She picks it up with a little silver utensil and examines it through a small magnifier.
Mac: Flawless. Perfect cut. B color. This one's a keeper.
She puts it down and uses her utensil to pick up another.
Mac: 8 carats. Poor symmetry. Included. This stone was cut by Stevie Wonder. What other stones have you got?
She places the diamond down.
Garcia: Your woman knows her business, huh?
Webb: She has her uses.
Garcia grabs another bag out and pours the diamonds on the cloth.
Mac: Men come and go Raul. They lose their hair or their fortunes. Diamonds stay hard forever.
The two Muslims pull together and start speaking in Farsi. Mac listens as she pretends to appraise another diamond. Alvaro begins backing off.
Mac: You can get half a million for the lot in Tel Aviv, darling.
Mac kisses Webb's hand.
Garcia: Your bodyguard seems to have lost interest in keeping you alive. So, now, can you give me any reason why I should not kill you?
TO BE CONTINUED...
Script trouvé sur le site twiztv.com
