‘JAG’ Episode Tackles Tribunals

No matter how heinous the charge, the accused gets a vigorous defense and the benefit of the doubt. That tenet of American justice is sure to be put to the test in the military tribunals for suspected terrorists that President Bush authorized in the fall after Sept. 11.

Tonight’s episode of “JAG” offers a sneak peek at how those tribunals might work. The military drama tries to do justice to the complexity of the legal challenge ahead, but to keep people from thinking they have stumbled onto a “Nightline” special by mistake, there is also smoldering chemistry between the main characters, Harm (David James Elliott) and Mac (Catherine Bell), plus a little hokey gunplay.

Members of the Judge Advocate General team square off in the first tribunal stemming from the terrorist attacks: Harm and Mac prosecute an Al Qaeda big shot (Marc Casabani) accused of plotting the New York City massacre, while Adm. Chegwidden (John M. Jackson) and Cmdr. Turner (Scott Lawrence) must defend him.

For the admiral, the case stirs up the same conflicting feelings many Americans may be wrestling with these days. When the defendant expresses shock at how hard Chegwidden is working on his behalf, the admiral responds, “Our way of life entitles you to a fair trial, no matter how cowardly the act.” But when the defendant gloats over the success of the attacks, the admiral can’t resist the urge to lash out.

The Pentagon has been “very supportive” of the show’s efforts to portray the tribunal process, according to executive producer Donald Bellisario, and it shows in a script that seems to have the military’s seal of approval. “JAG” envisions that process in a positive light as firm but fair, and it conveys several of the legal nuances that can be expected in the proceedings. Designed to compensate for the “fog of war,” for example, the hearsay rules are more permissive than those governing a U.S. criminal trial. In tonight’s case, a confession obtained under duress at a prison camp is nearly allowed because the defendant is a Saudi citizen unprotected by the Bill of Rights, but it gets tossed after careful consideration.

“JAG” has always worn its patriotism on its neatly pressed sleeve, but if its version of a tribunal is realistic, there is no shame in that.

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“JAG” can be seen at 8 tonight on CBS. The network has rated this episode TV-14 (may be unsuitable for children under the age of 14).