WEBVTT 00:02.466 --> 00:05.600 align:left position:10%,start line:71% size:80% JUDY WOODRUFF: Two deadly accidents involving U.S. Navy ships last year could lead to severe 00:07.200 --> 00:10.700 align:left position:20%,start line:77% size:70% consequences for the officers involved in the collisions at sea. 00:10.700 --> 00:15.700 align:left position:10%,start line:77% size:80% John Yang has the details of the harsh charges against the commanders of the two vessels. 00:17.700 --> 00:20.900 align:left position:10%,start line:77% size:80% JOHN YANG: Judy, last June, the USS Fitzgerald, a destroyer that's part of the U.S. Seventh 00:22.900 --> 00:26.566 align:left position:20%,start line:71% size:70% Fleet in the Pacific, was broadsided off the coast of Japan by a massive container ship. 00:28.466 --> 00:31.600 align:left position:10%,start line:77% size:80% The collision killed seven sailors aboard the Fitzgerald and crippled the vessel. 00:31.600 --> 00:35.700 align:left position:10%,start line:71% size:80% Two months later, near Singapore, there was another incident involving a Seventh Fleet 00:35.700 --> 00:40.700 align:left position:10%,start line:77% size:80% guided missile destroyer, the John S. McCain, named for the Arizona senator's father and 00:41.600 --> 00:43.166 align:left position:10%,start line:89% size:80% grandfather, both admirals. 00:43.166 --> 00:45.466 align:left position:20%,start line:83% size:70% It collided with a merchant vessel. 00:45.466 --> 00:47.766 align:left position:20%,start line:83% size:70% Ten sailors died in that accident. 00:47.766 --> 00:52.400 align:left position:10%,start line:77% size:80% Now the former commanders of both vessels, Bryce Benson of the Fitzgerald, and Alfredo 00:52.400 --> 00:57.400 align:left position:10%,start line:77% size:80% J. Sanchez of the McCain, face a battery of offenses, including negligent homicide. 00:59.833 --> 01:03.866 align:left position:10%,start line:71% size:80% Both men had previously been relieved of command, part of a wave of disciplinary actions across 01:03.866 --> 01:05.966 align:left position:20%,start line:89% size:70% the Seventh Fleet. 01:05.966 --> 01:10.300 align:left position:10%,start line:77% size:80% For more on the unusual nature of these charges, I'm joined by retired Lieutenant Colonel Gary 01:10.766 --> 01:12.833 align:left position:40%,start line:89% size:50% Solis. 01:12.833 --> 01:16.433 align:left position:10%,start line:77% size:80% A Marine Corps combat veteran of Vietnam, he is an expert in military law and teaches 01:16.433 --> 01:20.133 align:left position:10%,start line:83% size:80% law at Georgetown University and George Washington University. 01:20.133 --> 01:22.033 align:left position:10%,start line:89% size:80% Gary, thanks for joining us. 01:22.033 --> 01:25.133 align:left position:10%,start line:83% size:80% You were a lawyer in the Marines, a judge in the Marines. 01:25.133 --> 01:30.133 align:left position:20%,start line:71% size:70% How unusual is it to have charges like this, negligent homicide, filed against -- pending 01:31.500 --> 01:32.600 align:left position:20%,start line:89% size:70% against two officers? 01:32.600 --> 01:33.600 align:left position:40%,start line:89% size:50% LT. 01:33.600 --> 01:35.266 align:left position:40%,start line:89% size:50% COL. 01:35.266 --> 01:36.200 align:left position:20%,start line:77% size:70% GARY SOLIS (RET.), U.S. Marine Corps: It's more than extremely rare. 01:36.200 --> 01:38.333 align:left position:10%,start line:89% size:80% It's never happened before. 01:38.333 --> 01:42.000 align:left position:20%,start line:71% size:70% I can find -- I can think of no precedent for the court-martial of an officer for an 01:42.866 --> 01:44.933 align:left position:20%,start line:89% size:70% incident like this. 01:44.933 --> 01:48.866 align:left position:10%,start line:77% size:80% JOHN YANG: The top command or higher-up command, would the brass be involved in a decision 01:49.500 --> 01:50.333 align:left position:30%,start line:89% size:60% like this? 01:50.333 --> 01:51.333 align:left position:40%,start line:89% size:50% LT. 01:51.333 --> 01:52.333 align:left position:40%,start line:89% size:50% COL. 01:52.333 --> 01:53.900 align:left position:10%,start line:89% size:80% GARY SOLIS: Yes, definitely so. 01:53.900 --> 01:56.533 align:left position:10%,start line:83% size:80% This is not your ordinary court-martial, of course. 01:56.533 --> 02:00.466 align:left position:10%,start line:71% size:80% And so the drafting of charges would be something that would be of interest to the higher command 02:01.900 --> 02:05.800 align:left position:10%,start line:83% size:80% and something that they would and lawfully can take a hand in. 02:07.800 --> 02:10.966 align:left position:10%,start line:77% size:80% They want to ensure that there is -- there is a price to pay and that justice is done. 02:14.866 --> 02:16.366 align:left position:20%,start line:83% size:70% JOHN YANG: What do you think's going on here? 02:16.366 --> 02:17.366 align:left position:40%,start line:89% size:50% LT. 02:17.366 --> 02:19.400 align:left position:40%,start line:89% size:50% COL. 02:19.400 --> 02:21.866 align:left position:10%,start line:77% size:80% GARY SOLIS: I think that a message is being sent to the Seventh Fleet and the rest of 02:21.866 --> 02:25.200 align:left position:10%,start line:71% size:80% the United States Navy, and particularly commanding officers of ships everywhere, that they are 02:27.166 --> 02:30.666 align:left position:10%,start line:77% size:80% going to have to take a closer hand in the training and the drilling and the oversight 02:32.433 --> 02:34.166 align:left position:10%,start line:89% size:80% of their ships and their seamen. 02:34.166 --> 02:36.766 align:left position:20%,start line:83% size:70% JOHN YANG: And has this been a problem? 02:36.766 --> 02:41.033 align:left position:10%,start line:77% size:80% After the second collision of the McCain, there was a stand-down to review safety. 02:41.033 --> 02:45.933 align:left position:10%,start line:83% size:80% There have been a number of top commanders relieved of command. 02:45.933 --> 02:48.400 align:left position:10%,start line:83% size:80% Are they Gray -- what are they trying to address here? 02:48.400 --> 02:50.666 align:left position:10%,start line:83% size:80% You said they're trying to tell them to pay more attention. 02:50.666 --> 02:51.666 align:left position:40%,start line:89% size:50% LT. 02:51.666 --> 02:52.666 align:left position:40%,start line:89% size:50% COL. 02:52.666 --> 02:54.766 align:left position:20%,start line:89% size:70% GARY SOLIS: Right. 02:54.766 --> 02:56.833 align:left position:10%,start line:77% size:80% Clearly, there is something wrong when you have not only these two collisions, but you 02:56.833 --> 03:01.433 align:left position:10%,start line:77% size:80% also have a grounding of the Antietam, and you have the Lake Champlain colliding with 03:02.466 --> 03:05.266 align:left position:10%,start line:89% size:80% a fishing boat all in 2017. 03:05.266 --> 03:10.266 align:left position:10%,start line:77% size:80% So, what this is addressing is a need to pay closer attention to the training of these 03:12.200 --> 03:16.500 align:left position:10%,start line:77% size:80% crews, to the manning of the conn, to the watch officers who are overseeing the lookouts, 03:20.766 --> 03:25.766 align:left position:10%,start line:77% size:80% and to the officer of the deck who is overseeing everyone when the captain isn't on the bridge. 03:27.733 --> 03:31.433 align:left position:10%,start line:77% size:80% JOHN YANG: So, are these charges against the commanders of these ships not necessarily 03:31.433 --> 03:36.433 align:left position:10%,start line:77% size:80% for things they may have done or not done, but maybe things that their crew didn't do? 03:37.700 --> 03:38.700 align:left position:40%,start line:89% size:50% LT. 03:38.700 --> 03:39.700 align:left position:40%,start line:89% size:50% COL. 03:39.700 --> 03:41.666 align:left position:10%,start line:89% size:80% GARY SOLIS: Well, that's true. 03:41.666 --> 03:44.566 align:left position:10%,start line:77% size:80% But, as you know, in the military, commanding officers, particularly commanding officers 03:44.566 --> 03:49.566 align:left position:10%,start line:71% size:80% of ships, are responsible for, as I say, everything that goes on during their watch and everything 03:50.766 --> 03:52.533 align:left position:20%,start line:83% size:70% that fails to go on during their watch. 03:52.533 --> 03:56.133 align:left position:20%,start line:83% size:70% So this is not all that unusual in the military. 03:56.133 --> 04:01.133 align:left position:10%,start line:77% size:80% At My Lai, for example, there was -- the commanding general of the division was also referred 04:02.300 --> 04:04.266 align:left position:20%,start line:83% size:70% to trial, although he never went to trial. 04:04.266 --> 04:08.566 align:left position:10%,start line:77% size:80% But commanding officers will always be taking the hits, legal hits, for the substandard 04:13.466 --> 04:15.433 align:left position:10%,start line:89% size:80% performance of their units. 04:15.433 --> 04:19.733 align:left position:10%,start line:77% size:80% JOHN YANG: These two commanders relieved of duty already, their careers probably over. 04:20.200 --> 04:21.166 align:left position:40%,start line:89% size:50% LT. 04:21.166 --> 04:22.166 align:left position:40%,start line:89% size:50% COL. 04:22.166 --> 04:23.400 align:left position:20%,start line:89% size:70% GARY SOLIS: Definitely. 04:23.400 --> 04:24.900 align:left position:20%,start line:83% size:70% JOHN YANG: What could happen now? 04:24.900 --> 04:26.133 align:left position:10%,start line:83% size:80% Could they go to military prison if they're convicted? 04:26.133 --> 04:27.133 align:left position:40%,start line:89% size:50% LT. 04:27.133 --> 04:28.133 align:left position:40%,start line:89% size:50% COL. 04:28.133 --> 04:29.133 align:left position:20%,start line:89% size:70% GARY SOLIS: Absolutely. 04:29.133 --> 04:30.133 align:left position:30%,start line:89% size:60% Absolutely. 04:30.133 --> 04:31.766 align:left position:10%,start line:89% size:80% These are serious charges. 04:31.766 --> 04:33.866 align:left position:20%,start line:77% size:70% The maximum punishment for negligent homicide is three years. 04:33.866 --> 04:38.200 align:left position:10%,start line:77% size:80% And they are also charged with dereliction of duty, which is three months is the maximum, 04:39.533 --> 04:42.666 align:left position:10%,start line:83% size:80% and hazarding a vessel through negligence, two years. 04:42.666 --> 04:47.666 align:left position:10%,start line:77% size:80% So, were they convicted of those three things, they could be looking at years' confinement, 04:49.100 --> 04:51.500 align:left position:20%,start line:83% size:70% but I don't think that's going to happen. 04:51.500 --> 04:52.500 align:left position:20%,start line:89% size:70% JOHN YANG: Why not? 04:52.500 --> 04:53.500 align:left position:40%,start line:89% size:50% LT. 04:53.500 --> 04:55.500 align:left position:40%,start line:89% size:50% COL. 04:55.500 --> 04:59.500 align:left position:10%,start line:77% size:80% GARY SOLIS: Because the message has been sent merely by preferral of charges. 05:01.533 --> 05:04.666 align:left position:10%,start line:77% size:80% And when they go to trial, actually go to court-martial, which I assume will happen, 05:06.100 --> 05:10.800 align:left position:10%,start line:83% size:80% I would anticipate a pretrial agreement and a guilty plea. 05:12.733 --> 05:17.066 align:left position:10%,start line:77% size:80% But it's hard to envision the commanders of these ships actually going to prison. 05:19.133 --> 05:23.766 align:left position:20%,start line:71% size:70% The purpose of these court-martials, in my estimation, is as much as to send a warning 05:25.833 --> 05:29.400 align:left position:20%,start line:71% size:70% to other commanders, as we have already said, as it is to address the shortcomings, alleged 05:30.366 --> 05:32.333 align:left position:10%,start line:89% size:80% shortcomings, of these officers. 05:32.333 --> 05:35.833 align:left position:10%,start line:77% size:80% JOHN YANG: Gary Solis, thanks so much for joining us to help us understand this. 05:35.833 --> 05:36.833 align:left position:40%,start line:89% size:50% LT. 05:36.833 --> 05:37.833 align:left position:40%,start line:89% size:50% COL. 05:37.833 --> 05:38.833 align:left position:20%,start line:89% size:70% GARY SOLIS: My pleasure. 05:38.833 --> 05:38.966 align:left position:30%,start line:89% size:60% Thank you.