CREATORS: The Golden Age of Cinematic Courts-Martial

Matthew T. Mangino
CREATORS
March 4, 2025

Air Force Brig. Gen. Erik Quigley was recently removed as an executive officer at Wright-Patterson Air Force Base in Dayton, Ohio. Quigley is the latest in a line of executive officers at Wright-Patterson to run afoul of the Uniform Code of Military Justice, reported NPR affiliate WYSO-FM.

In December, Col. Christopher Meeker was charged with having an extramarital, sexual affair with an enlisted staff sergeant; and willfully disobeying a command from his senior officer. He faces a general court-martial this June.

Prior to Meeker, former Major Gen. William Cooley was convicted during a general court-martial for abusive sexual contact against his sister-in-law. He was stripped of his two stars and retired as a colonel.

Most of what we know about courts-martial we've learned from the silver screen. The systemic abuse of power for sexual gratification at Wright-Patterson is hardly the stuff of Pulitzer Prizes or Academy Awards.

This is not to diminish the gravity of what has happened at Wright-Patterson, but four movies that do "justice" to military trials are "The Caine Mutiny," "Paths of Glory," "Breaker Morant" and "A Few Good Men."

"The Caine Mutiny" was based on the Pulitzer Prize-winning novel by Herman Wouk. The movie was nominated for seven Academy Awards, including Best Picture in 1954. Captain Queeg, played by Humphrey Bogart, was relieved of his command at sea. The alleged mutineers were court-martialed. Jose Ferrer played the capable defense attorney who reluctantly dismantled Captain Queeg during one of Hollywood's most dramatic cross-examinations.

"Paths of Glory," released in 1957, was based on a novel by Humphrey Cobb. The novel was loosely based on the court-martial and execution of four French soldiers during World War I. Kirk Douglas played Colonel Dax, a unit commander, who was a lawyer in civilian life. He defended the soldiers charged with cowardice after they refused to continue a suicidal attack.

The trial was a predetermined exercise to set an example for the rest of the French army. Colonel Dax, well aware of his clients' fate, memorably told the court, "Gentlemen of the court, there are times that I'm ashamed to be a member of the human race and this is one such occasion."

"Breaker Morant," an Australian film released in 1980, was also based on a true story. The movie intricately explores the court-martial of three Australian soldiers, carrying out unwritten orders to kill Dutch prisoners of war during the Boer War in 1902. The movie won a Golden Globe for Best Foreign Film.

The final film, "A Few Good Men," was released in 1992. Originally written as a play and adapted for the big screen, the movie is partially based on a real incident that occurred at the Guantanamo Bay naval base.

Two Marines are on trial for carrying out a 'Code Red' order that resulted in the death of another Marine. The code was ordered by the base commander to bring a wayward Marine into line. The movie's well-known ending, featuring Tom Cruise as Lt. Kaffee and Jack Nicholson as Colonel Jessup, lights up the screen with one of the film industry's all-time great cross-examinations.

The lead-up to, "You can't handle the truth," is so well underplayed that it is often forgotten. As Lt. Kaffee's examination seems to unravel, Colonel Jessup goads him into the decisive confrontation, "Now, are these the questions I was really called here to answer? Phone calls and foot lockers? Please tell me that you have something more, Lieutenant. These two Marines are on trial for their lives. Please tell me their lawyer hasn't pinned their hopes on a phone bill."

If you haven't seen them, all four films are worth watching. If you have seen them, they're worth another look.

 

Martial law . . . really?

Last week, President Donald Trump met with Rudy Giuliani and disgraced former national security adviser Michael T. Flynn, among others to discuss the president declaring martial law to have an election do over in some states, reported the Washington Post.

The imposition of martial law accompanies curfews; the suspension of civil law, civil rights and habeas corpus; and the application or extension of military law or military justice to civilians. Civilians defying martial law may be subjected to military court or tribunal. 

Flynn had suggested on Newsmax that Trump could authorize the military to rerun the election. “He could order the, within the swing states, if he wanted to, he could take military capabilities, and he could place those in states and basically rerun an election in each of those states,” Flynn said.

The next day, Flynn was in the Oval Office to discuss the idea. Flynn’s attorney, Sidney Powell, who has promoted outlandishly false claims about this year’s election, including a disproved allegation that Venezuelan communists programmed U.S. voting machines to flip votes for Biden, was also at the meeting.

Officials inside the White House said Chief of Staff Mark Meadows and White House counsel Pat Cipollone pushed back “strenuously” on the idea of martial law. Two officials, who like others for this story spoke on the condition of anonymity to discuss private matters and conversations, said that there have been no efforts inside the White House to actually deploy the military and that the idea was quickly dismissed at the meeting.

To read more CLICK HERE

Trump considers pardoning war criminals

President Donald Trump’s reported plans to pardon several U.S. servicemen accused or convicted of war crimes elicited bipartisan criticism in the Senate on Tuesday, reported the Huffington Post.

“I think it’s a terrible idea to pardon someone who is legitimately convicted of committing war crimes. It’s unthinkable,” Sen. Mitt Romney (R-Utah) told HuffPost when asked about the New York Times report.

According to the Times, the White House over the weekend requested the necessary paperwork to issue a pardon for a Navy SEAL accused of war crimes who was turned in by the men who served with him.

Special Warfare Operator Chief Edward “Eddie” Gallagher is charged with firing on civilians in Iraq in 2017 and fatally stabbing a wounded teenage ISIS fighter. He allegedly bragged about racking up civilian kills and threatened members of his SEAL team if they reported him. He has pleaded not guilty.

Others who are reportedly up for a pardon include a former Blackwater security contractor who was found guilty of shooting dozens of unarmed Iraqis and an Army Green Beret accused of killing an unarmed Afghan in 2010.

The Trump administration asked for pardon paperwork on the men by the Memorial Day weekend, according to the Times.

Sen. Joni Ernst (R-Iowa) said she “would have some issues” about the potential pardons when asked about the Times report.

“I just want to make sure we’re doing the right thing for servicemembers as well,” added Ernst, an Army National Guard combat veteran who served in Iraq.

Earlier this month, Trump issued a pardon for former Army 1st Lt. Michael Behenna, who drove an Iraqi prisoner into the desert in 2008, stripped him and fatally shot him. Behenna was convicted of unpremeditated murder and was already serving a reduced sentence when the president pardoned him.

Critics say that presidential pardons of accused war criminals can undermine the military’s ethical code against atrocities and threaten current U.S. servicemembers abroad who could face retaliation.

“Absent evidence of innocence or injustice the wholesale pardon of US servicemembers accused of war crimes signals our troops and allies that we don’t take the Law of Armed Conflict seriously. Bad message. Bad precedent. Abdication of moral responsibility. Risk to us,” retired U.S. Army Gen. Martin Dempsey tweeted. Dempsey served as chairman of the Joint Chiefs of Staff under President Barack Obama.

Senate Democrats, meanwhile, accused Trump of abusing his pardon power.

“I don’t think presidential pardon powers and especially something as egregious as war crimes should be something done as a political ploy, and that seems like what he’s doing,” said Sen. Tammy Duckworth (D-Ill.), who also served in the Army during the Iraq War.

To read more CLICK HERE

Navy seal charged with atrocities amid claim of cover-up

Special Operation Chief Edward Gallagher was arrested in September on more than a dozen charges, including premeditated murder and attempted murder. If convicted, he could face life in prison. He has pleaded not guilty and denies all the charges. He is charged with stabbing a defenseless teenage captive to death. Picking off a school-age girl and an old man from a sniper’s roost. Indiscriminately spraying neighborhoods with rockets and machine-gun fire.

Navy SEAL commandos from Team 7’s Alpha Platoon said they had seen their highly decorated platoon chief commit shocking acts in Iraq. And they had spoken up, repeatedly. But their frustration grew as months passed and they saw no sign of official action.

Tired of being brushed off, seven members of the platoon called a private meeting with their troop commander in March 2018 at Naval Base Coronado near San Diego. According to a confidential Navy criminal investigation report obtained by The New York Times, they gave him the bloody details and asked for a formal investigation.

But instead of launching an investigation that day, the troop commander and his senior enlisted aide — both longtime comrades of the accused platoon leader, Special Operations Chief Edward Gallagher — warned the seven platoon members that speaking out could cost them and others their careers, according to the report. 

The clear message, one of the seven told investigators, was “Stop talking about it.”

The platoon members eventually forced the referral of their concerns to authorities outside the SEALs, and Chief Gallagher now faces a court-martial, with his trial set to begin May 28.

But the account of the March 2018 meeting and myriad other details in the 439-page report paint a disturbing picture of a subculture within the SEALs that prized aggression, even when it crossed the line, and that protected wrongdoers.

According to the investigation report, the troop commander, Lt. Cmdr. Robert Breisch, said in the meeting that while the SEALs were free to report the killings, the Navy might not look kindly on rank-and-file team members making allegations against a chief. Their careers could be sidetracked, he said, and their elite status revoked; referring to the eagle-and-trident badges worn by SEALs, he said the Navy “will pull your birds.”

To read more CLICK HERE

GateHouse: Hollywood goes to trial, military style

Matthew T. Mangino
GateHouse Media
June 19, 2015

Oklahoma Attorney General Scott Pruitt has intervened on behalf of Lance Cpl. Monifa Sterling, who is appealing her court martial to the U.S. Court of Appeals for the Armed Forces. Sterling was court-martialed after posting Bible verses in her government work space and refusing orders to remove them.

Pruitt claims the military court erred by refusing to afford Sterling protections of the Religious Freedom Restoration Act, and contends the case could impact the religious freedoms of military citizens living in Oklahoma, reported The Associated Press.

Although an important issue, this is not exactly the high drama we have come to expect from court martials depicted in Hollywood movies. This is not to diminish the gravity of Sterling’s case, but four pictures that do “justice” to military trials are “The Caine Mutiny,” “Paths of Glory,” “Breaker Morant” and “A Few Good Men.”

“The Caine Mutiny” was based on the Pulitzer Prize-winning novel by Herman Wouk. The movie was nominated for seven Academy Awards, including Best Picture, in 1954. Captain Queeg, played by Humphrey Bogart, was relieved of his command at sea. The alleged mutineers were court martialed. Jose Ferrer played the capable defense attorney who reluctantly dismantled Captain Queeg during one of Hollywood’s most dramatic cross-examinations.

Paths of Glory, released in 1957, was based on a novel by Humphrey Cobb. The novel was loosely based on the court-martial and execution of four French soldiers during World War I. Kirk Douglas played Colonel Dax, a unit commander, who was a lawyer in civilian life. He defended the soldiers charged with cowardice after they refused to continue a suicidal attack.

The trial was a predetermined exercise to set an example for the rest of the French army. Colonel Dax, well aware of his clients’ fate, memorably told the court, “Gentlemen of the court, there are times that I’m ashamed to be a member of the human race and this is one such occasion.”

“Breaker Morant” was an Australian film released in 1980. The movie was also based on a true story. The movie explores, in detail, the court-martial of three Australian soldiers, carrying out unwritten orders to kill Dutch prisoners of war during the Boer War in 1902. The movie won a Golden Globe for best foreign film. The courtroom action is entertaining as typified by this exchange during the examination of a prosecution witness:

Prosecutor: How did Lt. Handcock look?

Witness: Like he was thinking, sir ... like ... I can’t think of the ...

Prosecutor: Did he look like he was agitated?

Witness: Agitated? Yes, that’s it, sir. Yes, sir, he looked agitated.

Defense Attorney: Objection. Major Bolton (prosecutor) is leading the witness.

Prosecutor: I will rephrase the question, sir. Tell me, how did Lt. Handcock look?

Witness: Agitated, sir!

The final film, “A Few Good Men,” was released in 1992. Originally written as a play and adapted for the big screen, the movie is based, in part, on a real incident that occurred at the Guantanamo Bay naval base.

Two Marines are on trial for carrying out a Code Red order that resulted in the death of another Marine. The code was ordered by the base commander to bring a wayward Marine into line. The movie’s well-known ending, with Tom Cruise as Lt. Kaffee and Jack Nicholson as Colonel Jessup, lights up the screen with one of film’s all-time great cross-examinations.

The lead-up to, “You can’t handle the truth,” is so well underplayed that it is often forgotten. As Lt. Kaffee’s examination seems to unravel, Colonel Jessup goads him into the decisive confrontation, “Now, are these the questions I was really called here to answer? Phone calls and foot lockers? Please tell me that you have something more, Lieutenant. These two Marines are on trial for their lives. Please tell me their lawyer hasn’t pinned their hopes to a phone bill.”

If you haven’t seen them, all four films are worth watching. If you have seen them, they’re worth another look.

Matthew T. Mangino is of counsel with Luxenberg, Garbett, Kelly & George P.C. His book “The Executioner’s Toll, 2010” was released by McFarland Publishing. You can reach him at www.mattmangino.com and follow him on Twitter at @MatthewTMangino.

To visit the column CLICK HERE

Court martial begins for 2005 Haditha killings

The court martial of Staff Sgt. Frank Wuterich began on January 4.  He faces charges of manslaughter and assault. Wuterich was the squad leader on the day a roadside bomb exploded in Haditha, Iraq beneath a Marine convoy, killing one Marine and injuring two others, reported the Los Angeles Times.

In a futile search for the insurgents who planted the bomb, Marines killed five young men standing next to a car and then swept through three houses killing 19 more people, including three women, seven children, and a 76-year-old man in a wheelchair.

Four Marines, including Wuterich, were charged in 2006 in connection with the Iraqi deaths; four Marine officers faced charges that included dereliction of duty, obstruction of justice and making false statements, according to Military.com.

Charges have since been dropped against six of the Marines, while one was acquitted, leaving only Wuterich to face prosecution.

When the Haditha story broke in 2005, it was likened to the massacre of Vietnamese civilians at the village of My Lai in 1968. In May 2006, the late Congressman John Murtha, a powerful Pennsylvania Democrat, and himself a war hero, claimed to have seen an internal investigation of the killings that found the Marines deliberately killed unarmed civilians.

“There was no firefight, there was no IED that killed these innocent people,” he said. “Our troops overreacted because of the pressure on them, and they killed innocent civilians in cold blood.”

According to the North County Times, a recent lawsuit filed by a Michigan law firm seeking records related to Wuterich investigation suggests that his arrest was scapegoating by the U.S. government to appease the Iraqis.