What amazes me most about this episode is that it’s a Star Trek legal episode that doesn’t want to make me tear my hair out. Thankfully they kept the trial procedure to its most basic.
The title means loosely, in Latin, “To the Stars Through Hardship/Difficulties,” or “A Rough Road Leads to the Stars”. It is the motto of the state of Kansas, can be found on NASA’s Apollo I memorial, and also in-universe the motto of the United Earth Starfleet in ENT.
As a child, Una suffered a serious leg injury, but her father refused to take her to the hospital for fear of the doctors discovering her modifications. We see the open wound glowing, like Una did when manifesting her abilities in SNW: “Ghosts of Illyria”.
Batel offers a plea deal: plead guilty to knowingly submitting false information to Starfleet by failing to disclose her genetic modifications, and Starfleet will dishonorably discharge her without prison time. The charge could carry a two-year minimum imprisonment term, so Batel and Una’s JAG-appointed counsel advise her to take it. Una recognizes that this is designed to sweep this under the carpet, and questions how she can have effective counsel if he works for Starfleet. This is a live issue in military trials even today, and to discuss it properly would take more space than we have here.
It is Stardate 2393.8. Pike is on a planet in the Vaultera Nebula to persuade Counselor Neera Ketoul, the civil rights lawyer he and Una discussed in the previous episode, to take up her case. The atmosphere is toxic to humans and Pike requires an oxygen mask to get around. The local inhabitants are Illyrian, genetically adapted to survive.
Ketoul used to be Una’s friend but something came between them. She notes that Starfleet’s race laws are draconian and Una’s lucky not to be charged with sedition. Ketoul has had 10 cases against the Federation thrown out over the last 2 years despite being strong ones. Pike makes reference to the events of “Ghosts of Illyria” and convinces her that taking this case might bring more attention to those she’s lost.
The case file Pike hands to Ketoul is contained on a translucent orange square, like a cross between the old data cartridges of TOS and the isolinear chips of TNG.
The last time Neera and Una met was 25 years ago (we find out later that was when she joined Starfleet), which makes it around 2234-2235 (SNW: “Children of the Comet” suggests it was at least 2260 then). It’s been two months since Starfleet found out about Una’s modifications. Until then her record had been spotless.
Batel refers to the JAG as her boss, although she was also commanding the USS Cayuga in SNW: “The Quality of Mercy”, that was helping Enterprise upgrade the Neutral Zone outposts. In the present day military, trained JAG officers can technically alternate between legal duties and being line officers in a separate MOS as required, and Batel could be in that position. It is possible she used to be a JAG officer, switched to a starship captaincy and then was reactivated for Una’s case because she was the closest qualified JAG officer.
The Judge is Admiral Vasak, and Batel is accompanied by a Vulcan Vice-Admiral, Pasalk (the JAG?). Both Admirals are dressed in variations of the blue uniforms last seen in DIS with Admiral rank flashes on their shoulders.
Because Una has rejected the plea deal, Batel applies to amend the charges against Una to knowingly submitting false information to Starfleet and violating Starfleet Code 614 to 617 by engaging in permanent bioengineering, along with two counts of sedition. She announces she’s seeking a sentence of dishonorable dismissal and 20 years in a Federation penal colony.
The way Batel phrased it (and taking Ketoul’s earlier remarks about Una being lucky not to be charged with sedition), I surmise Una’s original charges were only the false information and permanent bioengineering charges. As we find out later, they fall under the same regulations, so the false information charge is probably specific to information about bioengineering rather than a general false reporting offence.
The plea deal was then not a reduction, but merely to plead guilty to one and have the other one either withdrawn or taken into consideration (i.e. not sentenced separately for). Batel’s application is therefore to add the sedition charges not previously put forward and proceed with all charges at trial.
A global sentence of 20 years seems harsh, and that’s probably because of the sedition charges and also because they’re charging her under military regulations. Over a century later, Richard Bashir would be sentenced to two years in a minimum-security penal colony for genetically modifying his son, which as a civilian he would have been subject to civil laws (DS9: “Doctor Bashir, I Presume?”).
Robert April sponsored Una’s application to the Academy. She served under him for years (alongside Pike on Enterprise) and he promoted her.
Ketoul is assigned Una’s quarters on the Enterprise for the duration. She is escorted there by La’An, who is back in uniform. Ketoul asks for access to the Starfleet Uniform Code of Justice - presumably their equivalent of the US military’s Uniform Code of Military Justice.
La’An refers to Starfleet v. Wyck, which points to the “fruit of the poisonous tree” doctrine - a well-known rule in US law which states that illegally procured evidence, or indeed even evidence indirectly derived from that, is inadmissible in Court.
Una and Pike met when he gave a speech to her Academy class, talking about a test mission he’d flown. Una pointed out a mistake he had made during re-entry, impressing him with her willingness to tell him he was wrong, qualities important in a first officer.
Ortegas’ miming of Pasalk and Spock’s conversation mentions kal-toh, a Vulcan logic game/puzzle first seen in VOY: “Alter Ego” and most recently in PIC: “No Win Scenario”. M’Benga reads the Vulcan body language and says the two hate each other. He would, of course, be familiar with it since he did a medical internship on Vulcan (TOS: “A Private Little War”). Spock says Pasalk was a former colleague of Sarek’s.
Uhura quotes Regulation 25, Section B, that all personal logs are to remain sealed unless by order of Starfleet Command. Regulation 25 was quoted in LD: “Second Contact” as prohibiting the transfer of weapons to other races without the permission of the Federation Council, so it seems odd on first blush that personal logs should be lumped under that section as well, but maybe it’s just a result of a century of regulatory amendments.
The tribunal is called to order with a ship’s bell, as first seen in TOS: “Court Martial”. Behind the panel is the JAG Office seal. Javas is presiding, along with Space Command Representative Zus Tlaggul, a Tellarite, and Starfleet Commander Chiv, a Vulcan. Batel and Una are dressed in division colored versions of the Admiral uniforms, which are redesigns of the dress uniforms seen in TOS, complete with medals being displayed on the left chest.
Batel refers to the Eugenics Wars (TOS: “Space Seed”) as the impetus for the genetic modification ban, with tens of millions dead. April says Starfleet Regulation 17, Article 12 specifically prohibits genetically modified people from serving in Starfleet.
April words General Order One as, “No starship may interfere with the normal development of any alien life or society.” This is a summary, as the actual order was seen for the first time in PRO: “First Con-tact”, and the wording taken from David A. Goodman’s book *Federation: the First 150 Years”.
In 2246 (one year after Enterprise was commissioned), April warned the Perricans, a pre-warp civilization about a meteor shower that could have ended their planet. In 2248, he sent his science officer to Na’rel, an industrial age planet to stave off an extinction-level drought by sharing Federation technology. On the hostile planet Man-us II, landing without his security officer, April chose to reveal the Enterprise to the pre-warp Ohawk. Apart from the violations, this suggests that GO1 was in force by 2246 at least.
April promoted Una faster than any other officer on the ship and recommended her for the Medal of Gallantry after the Marcel disaster of 2248.
La’An graduated top of her class and has been promoted each year of her tenure in Starfleet. That means she’s been in service for about two to three years (assuming ENS, LT j.g. and LT progression). That also allows us to calculate her age to be - at a minimum - 23 to 24 years old (entry at age 16-17, 4 years at the Academy, 3 more years in service). She has also been considered for the Starfleet Medal of Gallantry.
La’An met Una when she was rescued after escaping a Gorn breeding planet (SNW: “Strange New Worlds”, when Una was an ENS on the USS Martin Luther King). She lies when she says she didn’t know Una was Illyrian (“Ghosts of Illyria”). Una sponsored La’An’s application to Starfleet.
Spock met Una on his first day aboard Enteprise (ST: “Q & A”) and mentions her love for Gilbert & Sullivan (which she swore him to secrecy on, damn you Spock!).
In Una’s quarters we see a picture of her as a child with her parents alongside a picture of Pike in his DIS blues next to Una in her DIS Season 2 uniform (DIS: “An Obol for Charon”).
La’An believes that someone got a hold of her personal log in “Ghosts of Illyria” and that was how Una was outed. La’An also carries her ancestor’s augmentations (confirming something we’ve long suspected) and fears she could become dangerous. Ketoul assures her genetics is not destiny and given the time - 6 months minimum - it’s needed to subpoena a persona log, it’s unlikely La’An was responsible.
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If Una joined Starfleet 25 years ago, that puts her age at around 42 (minimum joining age about 16-17, TNG: “Coming of Age”). Una was born on the planet in the Vaultera Nebula, which was given provisional Federation membership the year before she was born on condition all genetic modification was to stop. However, Una’s family carried on the tradition. New children were delivered by friendly doctors. Anyone found to be augmented would be arrested - which included a 10 year old boy named Ivan Ketoul, Neera’s cousin.
Una’s broken leg as a child was due to her trying to stop a fight when a child was accused of being Illyrian. It became infected and she would have died if they hadn’t found an Illyrian doctor to treat her in the middle of the night. The civil unrest became so bad that the local government separated the Illyrians into their own city. Una’s family could pass, so they went to the non-Illyrian city, and she left her best friend Neera behind.
Una turned herself in because she was sick of living a lie, because she believes Starfleet can be better.
Una’s experiences, of course, echo the Jim Crow era of American history, and the discrimination against black people. The treatment of Illyrians, with their hidden identities, also brings with it elements of discrimination against other minorities or sexual orientations. When did Star Trek become so woke? Since all the time, baby. Those who start protesting about Roddenberry’s utopia should remember Stiles from TOS: “Balance of Terror” and McCoy’s (intentions aside) casual racism when bantering with Spock.
As Pasalk questions Una, her hand rests on a glowing panel on her chair. It serves as a biometric verifier and lie detector as first seen in back in “Court Martial”.
Una states the date that Pike found out as Stardate 1224.3 (the Stardate mentioned in “Ghosts of Illyria”), 4 months prior. That means the events of Season 1 took place over a period of 2-3 months at best, with only 2 months between “Ghosts” and “The Quality of Mercy”. That’s a lot to squeeze in, considering the downtime for repairs between “Memento Mori” and “Spock Amok”.
Ketoul draws Batel’s attention to Starfleet Code 8514, which states:
This actually answers a question that has been lurking around for some time: why it was so easy for Picard to take Hannah Bates and her refugees from Genome Colony (TNG: “The Masterpiece Society”) aboard, and also why he could just take Mirasta Yale (TNG: “First Contact”) with him when she asked him to. In the former case pressure would be exerted on those who wanted to leave, and in the latter restrictions placed on Mirasta to prevent her from revealing the existence of aliens. The confirmation of Starfleet Code 8514 finally provides us with a legal basis for Picard’s actions.
The decision in Una’s case, to treat each case on its on merits, also provides us with a reason why the only issue with Dal in PRO was whether he be allowed to join the Academy, not his mere existence as an Augment in the Federation as the kids were all fleeing Tars Lemora.
One last thing though, is that while it’s clear the evidence shows Una lying about being modified and being modified, what’s the basis for the sedition charges? Sedition is basically inciting rebellion against authority, and none of Una’s actions amounted to that. Unless Pasalk was trying to prove that by claiming Una incited Pike not to report her, but then he did a piss-poor job of nailing it down. Also, Starfleet Code 8514 is horribly drafted. Oops, did I say this didn’t want to make me tear my hair out? Okay, I’ll stop now.
I don't believe the refugee exception is necessary to explain that.
As we see in this very episode, it's not illegal for a federation citizen to be genetically engineered. Under the rejected plea deal, Una would have been kicked out of Starfleet but kept her citizenship. They are prohibited from certain professions (Starfleet being the main one) but it isn't illegal in and of itself.
The Federation wants as few such people as possible (see the bans and refusing large groups of augments entry into the Federation) and it's illegal to perform or cause modifications to be performed, but just being augmented isn't in and of itself a crime. Notice how the charges against Una were chiefly about her lying to Starfleet and the deceptions stemming from that, not just being an augment full stop.
This is even more clear with the Julian Bashir case a century later, where, again, it was the entry into starfleet that was the problem. Just being an augment wasn't a crime in and of itself.
To sum up, assuming Dal could claim citizenship in the first place, being an augment wouldn't be a crime in and of itself, though he would be barred from certain occupations.
The difference though, is that Una is already a Federation citizen and so was Julian. Dal wasn’t. So there was likely a real question as to whether he could even be a Federation citizen.
(Although to be fair you don’t have to a Federation citizen to be part of Starfleet, e.g. Nog, Kira as examples)
Of course you may be correct too, that there was no problem with Dal’s existence as an augment in the Federation, but if my point still is that if there was, the asylum law can probably cover it.
I don't think there's anything that would prevent Dal from obtaining citizenship in the Federation. He could not however serve in Starfleet. Lying about it to Starfleet could be criminal, but probably just being modified isn't. Even Una says that she lived on a provisional colony where segregation existed between modified and unmodified Ilyrians suggesting that those Ilyrians would eventually be able to be granted citizenship in the Federation despite their status as modified.
Una had to be sponsored to join Starfleet which suggests that the colony didn't actually ever join the Federation entirely - whether it granted her citizenship status or not is unclear, but since she was sponsored into Starfleet she's probably not a Federation citizen as such.
I would really like to see Prodigy take cues from SNW here and address Dal's genetics. Janeways says Starfleet will never allow him, but maybe he's just the right person to further change the law and Starfleet policy.
The sponsorship thing is a bit tricky. In DS9: "Heart of Stone", Sisko says this:
And yet, we hear that Chakotay asked (a) Captain Sulu to sponsor him to the Academy (VOY: "Tattoo"), La'An had Una sponsor her (La'An was on the Puget Sound, a distinctly Earth-named colony ship), and Kirk was sponsored by the father of the late LT Mallory (TOS: "The Apple").
So Academy sponsorship seems to be a regular thing, Federation citizen or not. The only difference is that for non-Federation citizens it has to be a command level officer. April was command level, and did sponsor Una, but that doesn't mean she couldn't have been sponsored by someone else. As a side note, Una was likely command division, but she most certainly wasn't command level at the time she sponsored La'An (would an XO be considered command level?).
So we can't rely on the need for sponsorship as a reliable indicator of an applicant's citizenship status in the Federation.
You are correct. We can't really infer much about Una's citizenship status and so letters of recommendation or sponsorships aren't of concern. But with that being said - if Una can be a citizen and be modified then so could Dal. Albeit the restriction on genetically modified people serving in Starfleet seems to stick all the way through to the late 2370s and early 2380s at least.
In fact, unfortunately, we still see a fair amount of bigotry towards modified people persisting into the 2370s, but perhaps by then the difference between a modified Ilyrian and a modified human are more substantial. Dal, being a non-human (I guess?) might face less bigotry in his era than Una faced in hers.