2x25 Tribunal

[8.0/10] I don’t know if humans have an innate sense of unfairness. It’s impossible to disentangle our natural reaction to injustice from the fact that we’ve all been socialized into the conception of a good and fair system by the societies we’re raised in. Many of us watched shows like Deep Space Nine growing up, which influenced our sense of right and wrong with its parables and thought experiments. Minds greater than mine have labored to consider what counts as justice and how we discern it.

But whatever the source, watching Chief O’Brien detained and tortured without rights, put through a trial without capable representation or evidence, forced into a proceeding where the outcome is pre-determined, made my blood boil. Miles is, of course, a fictional character. And the Cardassian legal system is an exaggerated caricature of kangaroo courts. Still, “Tribunal” conjures up real life injustices, people denied rights and persecuted for show or sport, in a way that tweaks whatever sense of what’s right and fair we have within ourselves.

At the same time, it’s a glimpse at a very different society. One of the boons of DS9 is the way the show’s central locations allows viewers to go in-depth into the cultures and communities of the Caradassians and the Bajorans in a way that’s tougher in the drive-by setups of The Original Series and The Next Generation. It’s chilling to see the 1984-esque video boards with talking heads promoting monolithic strictures, unilateral devotion to the state, and the constant fear of execution from accused and advocate alike. But it’s also fascinating to glimpse how this much more brutal and controlled civilization metes out what it deems to be justice.

Of course, Gul Dukat gave us a preview of this system a few episodes ago. It’s no surprise exactly that the trial verdict is preordained or that the rights and procedures involved are miniscule. And yet, it’s still disquieting to watch someone we know and care about like Chief O’Brien railroaded through a cruel and unjust system. The shock comes from seeing this farce of a legal system in action, tilted against one of Starfleet’s own, with little recourse from within.

Then again, the Cardassian system isn’t built for justice. It’s built to instill certainty, deterrence, and fear. Its procedures are designed to assure Cardassians citizens that their government and its functionaries are infallible, that all criminals are caught and punished, that any wrongdoing from them or others will be swiftly neutralized swiftly for the good of all. The point of the court proceeding isn’t to arrive at the truth or fairly weigh evidence to reach the best outcome. It’s to both reassure and warn the populace that their leaders are in control.

We see that in the way the closest thing the accused has to a lawyer is there to get them to confess, to attribute their criminality to poor upbringing or home life, not the unfair conditions they find themselves in. Kovat, O’Brien’s “defense attorney” is a chilling but comic figure here, offering less than no help to Miles, but jovially reassuring him that his conviction and death will inspire millions as to the rectitude of their government and lamenting any efforts to use the court to weight the truth.

Likewise, the existence of the judge or “Chief Arcon” (lookout those of you who are “of the body”), is just as much a farce. She denies the admission of exonerating evidence, chastises O’Brien’s advisor for having the temerity to speak up in his client’s defense, and denies Miles the rights upon questioning he would be afforded in his home jurisdiction.

Thankfully, O’Brien is not entirely stymied by the grim theater of the Cardassian legal system. (And speaking of theater, kudos to the set designers for dreaming up an imposing but imaginative setting for O’Brien’s case.) He also has his friends there to both work within that system and without it to help him gain his freedom.

My favorite of them may be Odo. In truth, he doesn’t accomplish much here. But he feels so in character, in a way that makes sense within the confines of the episode. No one is more devoted to his sense of right and wrong in the show than Odo. So seeing the way he looks at a much stricter system, one that might align with his exacting view of justice free from the tangles of procedure, and in fact rejects it is heartening.

But he also knows what he’s doing. The way he uses his status as an officer of the Cardassian court from his time under Gul Dukat is a nice way to show him working the system. His interrogation of O’Brien and ultimate affirmation of his innocence shows this isn’t something he does out of affection or even loyalty, but out of principle. And the way he addresses the court, stretching the limits of the Arcon’s tolerance in the same of zealously defending Miles, is as heartening as it is fruitless in such a system.

Of course, Odo isn’t the only one working on Miles’ freedom. In truth, the investigation run by Sisko and company back on DS9 isn’t as thrilling because the audience pretty much already knows the truth. The cold open sees Boone, the Chief’s old colleague from the Rutledge, bumping into him and recording his voice with suspenseful music to indicate some malevolent intent.

There might be more tension to these scenes if you omitted that sting and gave the audience more cause to wonder if Miles (who as the Arcon points out, has said some harsh things about the “Cardis”), might actually have decided to help the Maquis in some way. There’s minimal actual mystery here, which lessens the impact of the detective work aboard the station. It’s also conspicuous how little work through diplomatic channels we see. If you’d expect an appearance from Admiral Nechayev pontificating about coordinating with Cardassian envoys anywhere, it’d be here.

Still, the business back on the station is more focused on the personal angle. While this isn’t Rosalind Chao’s best outing, you sympathize with Keiko’s fear and anger over the situation. Sisko’s steeliness and willingness to make direct threats to his Cardassian counterparts signifies the gravity of his concern and is also just plain cool. More than anything, it’s nice to see how much Dr. Bashir sticks up for Miles, refusing to believe that such a good man could ever do what he’s accused of. It aligns with O’Brien’s heartrending speech to Odo about the type of person he strives to be.

And yet, for however much the mystery angle feels tepid here, I dig both the twists we get. The reveal that Boone is not, in fact, Miles’ old buddy, but rather a surgically altered Cardassian double sent to infiltrate Starfleet blows you away. (Hello “The Trouble with Tribbles” fans!) It’s chilling to consider the implications, from the real Boone who likely died amid torture, to the Federation secrets spirited off to the enemy, to the family members hurt or estranged by the man they thought was a loved one. This episode does little to rehabilitate the image of the Cardassians as dastardly villains, and the truth here doesn’t help on that front.

Nor does the reveal as to why O’Brien’s in custody here. My suspicion was that Boone was a Maquis operative who had set O’Brien up to take the fall for weapons thefts, maybe with some personal vendetta involved. I think we’re supposed to believe this is part of yet another Maquis plot. Instead, it’s the Cardassians who are behind it all, using their operative to frame Miles and the Maquis to create a pretext to force the Federation colonies in the Demilitarized Zone to disperse and attack any who stick around with the full might of Central Command and not just surreptitiously-delivered armaments.

It’s downright dastardly, not only putting O’Brien through this joke of a proceeding before a public execution, but to sacrifice an innocent man’s life in the name of drumming up an excuse to exterminate his countrymen. Most of the Cardassian bad deeds we hear tell of happened in the past. Only Jean-Luc Picard’s capture and torture rivals the force this has in the present for craven cruelty and injustice.

Justice here doesn't come from within the system, but from Sisko and company figuring out the Cardassian plot and implicitly threatening to expose it. Even then, it gains Chief O’Brien his freedom, but doesn’t spur the court to declare his innocence. Instead, the Arcon merely declares him guilty anyway as planned, while creating a special exception under the circumstances to remand him into Federation custody in light of his family and what he’s learned about “proper” justice.

Even that feels unsatisfying. Throwing someone into a realm where fairness has no purchase, where outcomes are predetermined, and where the guardrails that exist to protect the innocent are bent backwards and contorted if they exist at all, is maddening. The Cardassian legal system may be cartoony in its evilness, but it’s not that far off from real legal systems that exist for purposes very different from achieving real justice. If we can sympathize for Miles O’Brien in this untenable but fictional situation, we should sympathize with all those burdened with such real life injustices too.