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1
00:00:09,377 --> 00:00:11,426
Sounds like our Kurdish boy's
2
00:00:11,461 --> 00:00:13,506
breaking a few Islamic
laws, Lieutenant.
3
00:00:13,530 --> 00:00:14,846
Dude sneaks out at night
4
00:00:14,881 --> 00:00:16,131
with only four bodyguards.
5
00:00:16,166 --> 00:00:19,000
Hope the wild
burkha sex is worth it.
6
00:00:19,035 --> 00:00:21,048
DiTULLIO: Well, I hate
to break it to you, Gunny,
7
00:00:21,072 --> 00:00:23,455
but Kurdish women
don't wear burkhas.
8
00:00:23,491 --> 00:00:25,958
Can't believe we're holed
up in this meat locker,
9
00:00:25,993 --> 00:00:28,393
chaperoning this bozo.
10
00:00:42,326 --> 00:00:44,025
Bad guys, Lieutenant?
11
00:00:46,680 --> 00:00:47,996
Gate-crashers, Lieutenant.
12
00:01:09,286 --> 00:01:10,952
Get on the horn!
13
00:01:10,988 --> 00:01:13,108
Tell 'em we need air
support and a medevac!
14
00:01:16,976 --> 00:01:19,428
Sheehy! Sheehy!
15
00:01:21,082 --> 00:01:22,931
No!
16
00:01:22,967 --> 00:01:25,600
Base, this is Winchester-Six!
17
00:01:25,635 --> 00:01:28,871
Request air support
and emergency medevac!
18
00:01:28,923 --> 00:01:31,957
Sector Alpha-Two, over!
19
00:01:31,992 --> 00:01:33,258
Damn it!
20
00:01:37,181 --> 00:01:39,347
Cease fire! Friendlies!
21
00:01:39,400 --> 00:01:41,533
Hold it! Friendlies!
22
00:01:41,569 --> 00:01:44,498
They must've recognized
our muzzle flashes.
23
00:01:44,522 --> 00:01:46,299
If they're friendlies,
Lieutenant,
24
00:01:46,323 --> 00:01:48,089
who the hell are they?
25
00:02:48,886 --> 00:02:50,351
You took the stairs?
26
00:02:50,387 --> 00:02:53,021
Yeah. Exercise is
good for the spirit.
27
00:02:53,056 --> 00:02:55,624
How's your head after
taking that nasty hoof
28
00:02:55,659 --> 00:02:57,292
from Tanveer to the temple?
29
00:02:57,327 --> 00:02:58,471
Nothing a little ice pack
30
00:02:58,495 --> 00:03:00,306
and a few ibuprofen can't fix.
31
00:03:00,330 --> 00:03:02,130
What about your heart?
32
00:03:02,165 --> 00:03:04,633
That's off-limits.
33
00:03:04,668 --> 00:03:06,813
Hey, I was thinking that,
uh, maybe we should keep
34
00:03:06,837 --> 00:03:10,472
last week's excitement
to ourselves, you know?
35
00:03:10,507 --> 00:03:12,118
At least away from Turner.
36
00:03:12,142 --> 00:03:15,443
Well, not reporting to our new
and thankfully temporary boss
37
00:03:15,478 --> 00:03:17,078
is definitely an idea
I can get behind.
38
00:03:18,865 --> 00:03:20,381
You heard from Mattie?
39
00:03:21,485 --> 00:03:22,985
Well, she, uh,
spent an extra week
40
00:03:23,020 --> 00:03:24,486
in Blacksburg with her dad,
41
00:03:24,521 --> 00:03:26,204
but she's coming
back tomorrow night.
42
00:03:26,240 --> 00:03:27,522
You must be excited.
43
00:03:27,575 --> 00:03:29,118
Oh, I'm picking her
up at the bus at 6:00.
44
00:03:29,142 --> 00:03:30,820
We're going to go
home, have a little dinner,
45
00:03:30,844 --> 00:03:31,793
spend a quiet evening.
46
00:03:31,829 --> 00:03:33,161
You're cooking.
47
00:03:33,214 --> 00:03:34,680
It's been known to happen.
48
00:03:34,715 --> 00:03:36,276
It's good for the spirit.
49
00:03:36,300 --> 00:03:37,561
You ought to try it sometime.
50
00:03:37,585 --> 00:03:39,396
Good to see you two
in the office, bright-eyed.
51
00:03:39,420 --> 00:03:42,554
Sorry to disappoint
you, Sturgis.
52
00:03:42,589 --> 00:03:43,783
Not at all.
53
00:03:43,807 --> 00:03:45,139
I heard, uh, Krennick
54
00:03:45,175 --> 00:03:48,009
is no longer in the picture
for the new JAG position.
55
00:03:48,044 --> 00:03:49,344
Harm's very disappointed.
56
00:03:49,379 --> 00:03:50,624
Well, until a decision's made,
57
00:03:50,648 --> 00:03:52,525
we're all in "wait
and see" mode.
58
00:03:52,549 --> 00:03:54,661
We'll all just have to
keep this ship afloat, huh?
59
00:03:54,685 --> 00:03:56,462
And here I thought
you bubbleheads liked
60
00:03:56,486 --> 00:03:57,631
to lie on the bottom.
61
00:03:57,655 --> 00:04:01,422
I need you two
in my office ASAP.
62
00:04:02,943 --> 00:04:05,143
0130 Zulu, Friday.
63
00:04:05,178 --> 00:04:07,323
Marines providing
security for a Kurdish leader
64
00:04:07,347 --> 00:04:08,592
were caught in a firefight.
65
00:04:08,616 --> 00:04:10,248
One Marine was killed.
66
00:04:10,284 --> 00:04:11,728
Who was the firefight with?
67
00:04:11,752 --> 00:04:12,929
Looks like possible
68
00:04:12,953 --> 00:04:14,497
friendly fire from
our new comrades,
69
00:04:14,521 --> 00:04:16,516
the Iraqi Civil Defense Corps.
70
00:04:16,540 --> 00:04:18,618
The Kurdish leader, Mr. Aziz,
71
00:04:18,642 --> 00:04:19,652
also had bodyguards.
72
00:04:19,676 --> 00:04:20,987
They might've set it off.
73
00:04:21,011 --> 00:04:22,544
What were the
Iraqis doing there?
74
00:04:22,579 --> 00:04:23,545
They're pursuing
75
00:04:23,597 --> 00:04:24,696
a terrorist insurgent.
76
00:04:24,731 --> 00:04:26,342
Seems they had
bad intel and mistook
77
00:04:26,366 --> 00:04:28,245
the Kurdish leader
for their target.
78
00:04:28,269 --> 00:04:30,902
Why do I get the feeling
there's more to the story?
79
00:04:30,938 --> 00:04:32,681
The Iraqis were being
advised at the time
80
00:04:32,705 --> 00:04:34,923
by private military contractors.
81
00:04:34,975 --> 00:04:36,753
The lead advisor
is a retired Marine,
82
00:04:36,777 --> 00:04:38,593
Sergeant Major Thomas Elgart.
83
00:04:38,646 --> 00:04:40,857
His team and the Marines
have been recalled.
84
00:04:40,881 --> 00:04:42,208
Given the sensitivities,
85
00:04:42,232 --> 00:04:45,600
delicacy will be required.
86
00:05:17,834 --> 00:05:19,812
What was your mission, Gunny?
87
00:05:19,836 --> 00:05:21,814
We were tasked with
providing shadow security
88
00:05:21,838 --> 00:05:23,137
for Mohammed Aziz.
89
00:05:23,173 --> 00:05:25,139
He's a big Kurdish
mucky-muck, sir.
90
00:05:25,175 --> 00:05:27,153
A mucky-muck with bodyguards
91
00:05:27,177 --> 00:05:28,988
who weren't up for the job?
92
00:05:29,012 --> 00:05:30,979
Sir, those guys
couldn't provide security
93
00:05:31,014 --> 00:05:32,814
at a Celine Dion concert.
94
00:05:32,849 --> 00:05:34,482
Why do you say that?
95
00:05:34,517 --> 00:05:36,985
There've been a bunch
of attempts on Aziz.
96
00:05:37,020 --> 00:05:39,487
He's been ambushed by
Fedayeen, bombed by Baathists.
97
00:05:39,522 --> 00:05:42,602
Last week, a bullet came
within an inch of his head.
98
00:05:42,626 --> 00:05:45,160
You see, the Kurds are
pushing for autonomy
99
00:05:45,195 --> 00:05:46,495
in the new government.
100
00:05:46,530 --> 00:05:47,829
Aziz figures to be running
101
00:05:47,864 --> 00:05:49,998
their new oil industry
if that happens,
102
00:05:50,033 --> 00:05:52,167
and that puts a
target on his back.
103
00:05:52,202 --> 00:05:54,781
And your fire team in
harm's way, protecting him.
104
00:05:54,805 --> 00:05:59,607
If we had been
out in front, sir...
105
00:05:59,642 --> 00:06:02,110
instead of covering him...
106
00:06:02,145 --> 00:06:04,946
the Iraqis would've seen us...
107
00:06:04,981 --> 00:06:08,166
and none of this
would've happened.
108
00:06:08,202 --> 00:06:10,146
Why wasn't your
fire team out front,
109
00:06:10,170 --> 00:06:12,148
providing primary security?
110
00:06:12,172 --> 00:06:13,983
DiTULLIO: That's
just how it is, Colonel.
111
00:06:14,007 --> 00:06:16,474
We want to support the
Iraqis, provide security,
112
00:06:16,510 --> 00:06:18,321
but not look like
an occupation force.
113
00:06:18,345 --> 00:06:20,978
Who engaged whom, Lieutenant?
114
00:06:21,014 --> 00:06:23,159
My men are disciplined, ma'am.
115
00:06:23,183 --> 00:06:25,328
They know to hold their
fire until my command.
116
00:06:25,352 --> 00:06:27,485
So, you believe
the Iraqis fired first?
117
00:06:27,521 --> 00:06:30,655
They, or their
advisors, Colonel.
118
00:06:30,691 --> 00:06:31,823
Did you know there was
119
00:06:31,858 --> 00:06:33,658
an Iraqi Civil Defense
unit in the area?
120
00:06:33,694 --> 00:06:35,159
No, ma'am.
121
00:06:35,195 --> 00:06:38,663
We'd had radio troubles.
122
00:06:38,699 --> 00:06:40,843
I never received word
from headquarters.
123
00:06:40,867 --> 00:06:43,463
If I had...
124
00:06:43,487 --> 00:06:46,438
Maybe the corporal
would be alive?
125
00:06:47,524 --> 00:06:49,790
He left a widow.
126
00:06:49,826 --> 00:06:52,827
Barely married a year.
127
00:06:52,862 --> 00:06:54,773
He invited me to the wedding,
128
00:06:54,797 --> 00:06:58,178
and I promised his wife that
I would bring him home safe.
129
00:06:58,202 --> 00:07:00,935
Don't be so hard on
yourself, Lieutenant.
130
00:07:00,970 --> 00:07:03,433
Hard not to be, Colonel.
131
00:07:03,457 --> 00:07:06,791
Still...
132
00:07:06,827 --> 00:07:10,127
the cardinal rule
of combat, ma'am:
133
00:07:10,163 --> 00:07:13,798
know who you're firing
at before you open fire.
134
00:07:13,834 --> 00:07:15,633
My men did their job.
135
00:07:15,669 --> 00:07:17,802
As for the Iraqis...
136
00:07:17,838 --> 00:07:20,805
You ask me...
137
00:07:20,841 --> 00:07:22,974
those advisors...
138
00:07:23,009 --> 00:07:25,310
They weren't advising too well.
139
00:07:25,345 --> 00:07:27,395
You know that for a fact?
140
00:07:27,430 --> 00:07:30,965
No, ma'am, but
those "rent-a-grunts"...
141
00:07:31,001 --> 00:07:33,134
They... they don't
hold themselves
142
00:07:33,169 --> 00:07:35,220
to the same
standards that we do.
143
00:07:47,851 --> 00:07:49,651
Fire, cease fire.
144
00:07:49,686 --> 00:07:51,319
Clear and lock all weapons.
145
00:07:51,355 --> 00:07:53,655
Once you have a
complete safe weapon,
146
00:07:53,690 --> 00:07:55,056
you may leave the firing line.
147
00:07:55,091 --> 00:07:57,726
Surprised the
Marines let you in here
148
00:07:57,761 --> 00:07:59,572
dressed like that,
Sergeant Major.
149
00:07:59,596 --> 00:08:00,795
All due respect, Commander,
150
00:08:00,830 --> 00:08:03,565
I'm surprised they let
a Navy officer in here.
151
00:08:03,600 --> 00:08:06,100
I'm investigating
the incident in Kirkuk.
152
00:08:06,135 --> 00:08:08,414
You were there,
advising the Iraqis?
153
00:08:08,438 --> 00:08:09,938
That's affirmative, sir.
154
00:08:09,973 --> 00:08:12,285
Care to define
"advising" for me?
155
00:08:12,309 --> 00:08:14,109
I work for
Battlefield Solutions.
156
00:08:14,144 --> 00:08:18,613
My team provides training
in weapons, electronics,
157
00:08:18,648 --> 00:08:20,866
leadership skills in the field.
158
00:08:20,901 --> 00:08:23,262
So you were providing
lessons in the field?
159
00:08:23,286 --> 00:08:25,453
Sir, in Iraq, leading
and advising
160
00:08:25,488 --> 00:08:27,122
are often one in the same.
161
00:08:27,157 --> 00:08:28,801
Did you inform
Marine headquarters
162
00:08:28,825 --> 00:08:30,636
of your movements? I did.
163
00:08:30,660 --> 00:08:32,104
Well, how'd the firefight start?
164
00:08:32,128 --> 00:08:33,962
Well, it was dark.
165
00:08:33,997 --> 00:08:35,296
Pipeline attacks in the area
166
00:08:35,331 --> 00:08:36,798
filled the battlefield
with smoke,
167
00:08:36,833 --> 00:08:38,633
made it tough to see, but...
168
00:08:38,668 --> 00:08:40,635
all I know is those Iraqi boys
169
00:08:40,670 --> 00:08:43,855
I was advising did not
engage until engaged.
170
00:08:43,890 --> 00:08:46,474
So you're saying
the Marines fired first?
171
00:08:46,509 --> 00:08:50,478
Maybe. Maybe one of
Aziz's bodyguards got jumpy.
172
00:08:50,513 --> 00:08:51,980
Somebody did.
173
00:08:52,015 --> 00:08:55,066
You know, I'm not sensing
a lot of remorse in your voice.
174
00:08:55,101 --> 00:08:58,937
Well, sir, there's a difference
between remorse and regret.
175
00:08:58,972 --> 00:09:00,783
I've been war-fighting
a long time.
176
00:09:00,807 --> 00:09:02,941
I am sorry about what
happened to that boy,
177
00:09:02,976 --> 00:09:05,276
but in combat, people die.
178
00:09:05,311 --> 00:09:08,830
In the fog of war,
errors occur on all sides.
179
00:09:08,882 --> 00:09:11,449
Be careful how loudly
you blame the Marines.
180
00:09:11,485 --> 00:09:13,634
There's a lot of loaded
weapons around here.
181
00:09:13,670 --> 00:09:16,103
Just telling the truth, sir.
182
00:09:16,139 --> 00:09:18,439
Look, I may be a paid gun,
183
00:09:18,475 --> 00:09:20,119
but my allegiance
is to my country.
184
00:09:20,143 --> 00:09:23,444
My roots are in the
Corps... 22 years enlisted.
185
00:09:23,480 --> 00:09:25,780
Now, the facts are in
the after-action report
186
00:09:25,815 --> 00:09:26,947
I filed with my employer.
187
00:09:26,983 --> 00:09:28,249
I suggest you read it.
188
00:09:30,020 --> 00:09:31,397
MacKENZIE: We
interviewed the Marines.
189
00:09:31,421 --> 00:09:33,466
They all said they
didn't fire until fired upon.
190
00:09:33,490 --> 00:09:35,468
The same goes with
the retired Sergeant Major
191
00:09:35,492 --> 00:09:36,969
and his team of advisors.
192
00:09:36,993 --> 00:09:39,105
They all filed independent
after-action reports
193
00:09:39,129 --> 00:09:41,474
claiming they followed the
rules of engagement to a "T".
194
00:09:41,498 --> 00:09:44,032
Huh. Sounds like a friendly
fire incident, plain and simple.
195
00:09:44,067 --> 00:09:45,533
Those are the
after-action reports?
196
00:09:45,568 --> 00:09:46,967
What are the
blacked-out sections?
197
00:09:47,003 --> 00:09:48,314
CIA controls all information
198
00:09:48,338 --> 00:09:50,804
regarding private
contractors in Iraq.
199
00:09:50,840 --> 00:09:52,451
Something bothering
you, Colonel?
200
00:09:52,475 --> 00:09:53,607
Lieutenant DiTullio.
201
00:09:53,643 --> 00:09:55,343
He seemed to have
a problem with the role
202
00:09:55,378 --> 00:09:56,544
of the advisors in all this.
203
00:09:56,579 --> 00:09:57,789
Well, I don't doubt it,
204
00:09:57,813 --> 00:09:59,825
considering one of
his men was killed,
205
00:09:59,849 --> 00:10:02,328
but, uh, from what you've
told me, I see no culpability.
206
00:10:02,352 --> 00:10:03,784
Agreed?
207
00:10:05,688 --> 00:10:07,988
Something bothering you, Mac?
208
00:10:08,024 --> 00:10:11,325
No. Nothing.
209
00:10:11,361 --> 00:10:12,838
I'd like your reports on my desk
210
00:10:12,862 --> 00:10:14,340
by end of business, tomorrow.
211
00:10:14,364 --> 00:10:17,165
Good to be the king, huh?
212
00:10:17,200 --> 00:10:18,844
Excuse me, Colonel MacKenzie?
213
00:10:18,868 --> 00:10:21,169
Yeah. This is Mrs. Sheehy.
214
00:10:21,204 --> 00:10:24,171
Ann. Corporal Sheehy's widow.
215
00:10:24,207 --> 00:10:25,685
Thank you, Petty Officer.
216
00:10:25,709 --> 00:10:28,004
I'm so sorry for your loss.
217
00:10:28,028 --> 00:10:30,195
I understand that
you're conducting
218
00:10:30,230 --> 00:10:33,031
this investigation,
and... I was hoping
219
00:10:33,066 --> 00:10:35,015
that I could ask
you some questions.
220
00:10:35,052 --> 00:10:38,520
All I can say is that for now,
221
00:10:38,555 --> 00:10:41,022
it looks like what
happened was...
222
00:10:41,058 --> 00:10:42,535
a regrettable mistake.
223
00:10:42,559 --> 00:10:44,870
This in no way diminishes
your husband's sacrifice
224
00:10:44,894 --> 00:10:47,874
or my sorrow for your loss.
225
00:10:47,898 --> 00:10:51,532
I don't want your
sympathy, Colonel.
226
00:10:51,567 --> 00:10:53,100
I want justice.
227
00:10:53,153 --> 00:10:54,330
I understand...
228
00:10:54,354 --> 00:10:55,737
No, I don't think you do.
229
00:10:55,772 --> 00:10:58,306
You're wrong if you
think what happened
230
00:10:58,341 --> 00:11:00,975
to my husband over
there was a mistake.
231
00:11:01,010 --> 00:11:02,977
My husband was
murdered, Colonel,
232
00:11:03,012 --> 00:11:05,647
at the hands of some very
trigger-happy mercenaries...
233
00:11:05,682 --> 00:11:07,531
Soldiers-of-fortune.
234
00:11:08,618 --> 00:11:12,320
You don't believe me?
235
00:11:12,355 --> 00:11:13,538
I have proof.
236
00:11:15,008 --> 00:11:17,141
It's all in here.
237
00:11:27,787 --> 00:11:30,183
MacKENZIE: Since Commander
Rabb is also investigating,
238
00:11:30,207 --> 00:11:32,418
I've asked him to join us.
239
00:11:32,442 --> 00:11:34,141
My condolences, Mrs. Sheehy.
240
00:11:34,177 --> 00:11:36,177
I, uh... I've spoken
with members
241
00:11:36,213 --> 00:11:37,612
of the Corporal's unit.
242
00:11:37,647 --> 00:11:41,227
They... they describe him as
a good man and a fine Marine.
243
00:11:41,251 --> 00:11:43,218
He's a good husband, too.
244
00:11:44,621 --> 00:11:47,722
When Paul went to Iraq,
he promised to e-mail me
245
00:11:47,758 --> 00:11:49,991
as much as he could.
246
00:11:50,026 --> 00:11:53,127
They're how I know his
death was no accident.
247
00:11:53,180 --> 00:11:56,648
Colonel MacKenzie said that,
uh, he described many incidents
248
00:11:56,683 --> 00:11:58,933
involving private
military contractors.
249
00:11:58,985 --> 00:12:00,563
That's right. See, I told Paul
250
00:12:00,587 --> 00:12:03,387
that I didn't want him
sugar-coating for my benefit.
251
00:12:03,422 --> 00:12:05,823
I wanted to know what
was happening over there.
252
00:12:05,859 --> 00:12:07,670
So, he told me.
I mean, it's all...
253
00:12:07,694 --> 00:12:09,259
It's all here.
254
00:12:09,295 --> 00:12:11,629
"4 May.
255
00:12:11,665 --> 00:12:13,430
"It's another crazy
morning, honey.
256
00:12:13,466 --> 00:12:15,450
"Our mercenary
friends are at it again.
257
00:12:15,502 --> 00:12:18,469
"They sped into the village
that we were patrolling.
258
00:12:18,505 --> 00:12:20,204
"They needed
fuel for their SUVs,
259
00:12:20,239 --> 00:12:21,973
"so they hijacked a gas station.
260
00:12:22,008 --> 00:12:23,307
"They almost caused a riot.
261
00:12:24,344 --> 00:12:25,376
"We held back the mob,
262
00:12:25,411 --> 00:12:27,011
"lots of locals with
serious fire power.
263
00:12:27,047 --> 00:12:29,880
"The Lieutenant told the
cowboys just to gas up and go.
264
00:12:29,916 --> 00:12:31,916
I thought for sure
we'd get shot at."
265
00:12:33,437 --> 00:12:35,503
"12 May.
266
00:12:35,539 --> 00:12:38,807
"Caught one of the rent-a-grunts
pistol-whipping an Iraqi.
267
00:12:38,842 --> 00:12:40,141
"I ordered him to stop.
268
00:12:40,193 --> 00:12:41,625
"He aimed his weapon at me.
269
00:12:41,661 --> 00:12:42,994
"I raised mine.
270
00:12:43,029 --> 00:12:44,328
"Finally, he backed down.
271
00:12:44,363 --> 00:12:46,330
"These guys have no
respect for military rules.
272
00:12:46,365 --> 00:12:47,448
They're dangerous."
273
00:12:49,536 --> 00:12:52,170
Now they're guilty of
murdering my husband.
274
00:12:52,205 --> 00:12:55,372
Ma'am, we appreciate
you coming forward
275
00:12:55,408 --> 00:12:57,692
with this information. Um...
276
00:12:57,744 --> 00:12:58,938
But...
277
00:12:58,962 --> 00:13:00,361
Previous conduct
278
00:13:00,396 --> 00:13:03,131
by unnamed military contractors
does not qualify as evidence.
279
00:13:03,166 --> 00:13:05,432
Yes, but Paul named
Battlefield Solutions
280
00:13:05,468 --> 00:13:06,534
by name, Commander.
281
00:13:06,569 --> 00:13:09,137
The man who pointed
the gun at him was retired
282
00:13:09,172 --> 00:13:10,488
Sergeant Major Tom Elgart.
283
00:13:10,523 --> 00:13:11,600
We understand your anger,
284
00:13:11,624 --> 00:13:13,119
Mrs. Sheehy, but
military rules of evidence
285
00:13:13,143 --> 00:13:15,655
severely limit
admissibility of prior acts.
286
00:13:15,679 --> 00:13:18,896
What, so you won't do anything?
287
00:13:18,932 --> 00:13:20,326
But I...
288
00:13:20,350 --> 00:13:22,850
I have these letters.
289
00:13:22,903 --> 00:13:25,069
I'm sorry.
290
00:13:25,105 --> 00:13:26,888
I don't know what the law says.
291
00:13:26,940 --> 00:13:29,873
But what does it say
about us when we are willing
292
00:13:29,910 --> 00:13:32,377
to send our men and women
over there to defend us,
293
00:13:32,412 --> 00:13:34,290
but we're not willing
to defend them
294
00:13:34,314 --> 00:13:36,981
when they're threatened
by some gun-toting cowboys
295
00:13:37,017 --> 00:13:40,385
hired by our own government?
296
00:13:40,420 --> 00:13:43,004
How can you let that stand?
297
00:13:57,103 --> 00:13:58,747
She got to you, didn't she?
298
00:13:58,771 --> 00:14:00,404
This isn't about me, Harm.
299
00:14:00,439 --> 00:14:02,139
This investigation isn't over.
300
00:14:02,174 --> 00:14:04,341
Look, listen to this e-mail.
301
00:14:04,376 --> 00:14:06,844
"28 May. Last night we
stumbled on an Iraqi C-D-C unit
302
00:14:06,879 --> 00:14:08,646
"hunting Fedayeen,
almost engaged them.
303
00:14:08,681 --> 00:14:10,982
"The Lieutenant got into
it with the lead advisor,
304
00:14:11,017 --> 00:14:13,150
"the same former Marine
I had my showdown with.
305
00:14:13,185 --> 00:14:15,786
I swear, sooner or later,
one of us is gonna get killed."
306
00:14:15,822 --> 00:14:17,866
We're still talking
past acts, Mac.
307
00:14:17,890 --> 00:14:19,490
It's a carbon-copy
incident, Harm,
308
00:14:19,525 --> 00:14:21,291
one week before
Corporal Sheehy died.
309
00:14:21,327 --> 00:14:22,994
Now, that says
pattern of behavior.
310
00:14:23,029 --> 00:14:24,662
Now, they're a
bunch of hired guns
311
00:14:24,697 --> 00:14:25,963
putting innocent civilians
312
00:14:25,999 --> 00:14:28,132
and our own military
people's lives at risk.
313
00:14:28,167 --> 00:14:30,913
Private contractors are
out of our jurisdiction.
314
00:14:30,937 --> 00:14:32,387
The facts aren't.
315
00:14:32,422 --> 00:14:34,789
All I'm suggesting is a
visit to Elgart's bosses
316
00:14:34,824 --> 00:14:36,940
to sort this out.
317
00:14:39,012 --> 00:14:40,489
Thank you for seeing us,
318
00:14:40,513 --> 00:14:41,723
Commander Merrick.
319
00:14:41,747 --> 00:14:43,392
The Colonel and I
were quite surprised
320
00:14:43,416 --> 00:14:45,527
to find your name listed
as CEO of the company.
321
00:14:45,551 --> 00:14:47,351
Well, it still surprises me.
322
00:14:47,387 --> 00:14:49,220
By the way, please
lose the "Commander."
323
00:14:49,255 --> 00:14:50,854
I hung up my uniform
some time ago.
324
00:14:50,890 --> 00:14:52,601
Three-and-a-half
years, as I recall.
325
00:14:52,625 --> 00:14:54,336
Your court-martial
for the collision
326
00:14:54,360 --> 00:14:56,593
with the destroyer is a
case we wish we'd won.
327
00:14:56,629 --> 00:14:59,096
Well, you did keep me out of
Leavenworth, thank goodness.
328
00:14:59,132 --> 00:15:01,465
And I haven't done half
bad since I've left the Navy.
329
00:15:01,501 --> 00:15:04,635
No, 150 million in revenues
last year is not too bad.
330
00:15:04,670 --> 00:15:06,970
War looks pretty
clean around here.
331
00:15:07,006 --> 00:15:08,984
Oh, no, sir. There's
nothing clean about the war.
332
00:15:09,008 --> 00:15:10,102
You know that, Commander.
333
00:15:10,126 --> 00:15:11,870
Your company's
been involved in Iraq
334
00:15:11,894 --> 00:15:14,006
from the beginning
of hostilities, correct?
335
00:15:14,030 --> 00:15:17,564
Well, in the first few months,
we concentrated on logistics...
336
00:15:17,600 --> 00:15:20,101
Laundry, meal service,
vehicle maintenance.
337
00:15:20,136 --> 00:15:22,536
Those things the
military contracts out?
338
00:15:22,571 --> 00:15:24,772
Well, since the
post-Cold War cutbacks,
339
00:15:24,807 --> 00:15:28,275
small private firms like this
have become a necessity in war.
340
00:15:28,310 --> 00:15:30,210
There are thousands
of contractors
341
00:15:30,246 --> 00:15:31,812
in Iraq right now.
342
00:15:31,848 --> 00:15:33,525
They're not just washing clothes
343
00:15:33,549 --> 00:15:34,994
and serving MREs, either.
344
00:15:35,018 --> 00:15:36,583
No.
345
00:15:36,619 --> 00:15:38,452
Uh, more recently,
we've been involved
346
00:15:38,487 --> 00:15:40,420
in intelligence
gathering and training.
347
00:15:40,456 --> 00:15:42,167
They're ready for
you, Mr. Merrick.
348
00:15:42,191 --> 00:15:43,886
Let them know
I'll be right there.
349
00:15:43,910 --> 00:15:45,054
All right. Thank you.
350
00:15:45,078 --> 00:15:47,011
What is your opinion
of Tom Elgart?
351
00:15:47,046 --> 00:15:48,512
Well, I hire the best.
352
00:15:48,547 --> 00:15:50,392
They're all former military.
353
00:15:50,416 --> 00:15:53,084
Pros, and for that, I
pay them very well.
354
00:15:53,119 --> 00:15:55,531
150 grand a year, plus benefits.
355
00:15:55,555 --> 00:15:58,122
I give them stock
options, 401Ks.
356
00:15:58,157 --> 00:16:01,092
Well, beats base pay for
senior enlisted, doesn't it?
357
00:16:01,127 --> 00:16:03,610
And the military spit-shine
so many of these guys
358
00:16:03,647 --> 00:16:04,946
grow tired of.
359
00:16:04,981 --> 00:16:06,080
Well, one man's spit-shine
360
00:16:06,116 --> 00:16:07,915
is another man's good
order and discipline.
361
00:16:07,951 --> 00:16:09,294
I know plenty about good order
362
00:16:09,318 --> 00:16:10,395
and discipline, Colonel.
363
00:16:10,419 --> 00:16:12,520
I know. We watched you
fall on your sword once
364
00:16:12,555 --> 00:16:13,888
to protect your subordinates.
365
00:16:13,923 --> 00:16:15,189
You sacrificed your career.
366
00:16:15,224 --> 00:16:17,558
Well, I have another career now.
367
00:16:17,593 --> 00:16:19,638
Um, I know why you two are here.
368
00:16:19,662 --> 00:16:21,707
I received a letter this morning
369
00:16:21,731 --> 00:16:23,625
from Corporal Sheehy's widow.
370
00:16:23,649 --> 00:16:24,826
You deny the charges?
371
00:16:24,850 --> 00:16:25,800
No.
372
00:16:25,835 --> 00:16:27,045
Nor will I confirm them.
373
00:16:27,069 --> 00:16:29,315
If my men have been
crossing the line in Iraq,
374
00:16:29,339 --> 00:16:30,816
I will get to the bottom of it.
375
00:16:30,840 --> 00:16:33,007
Well, where do
you draw your line?
376
00:16:33,043 --> 00:16:35,054
My people aren't directly
subject to the UCMJ,
377
00:16:35,078 --> 00:16:36,155
but they are accountable.
378
00:16:36,179 --> 00:16:37,923
They adhere to
strict rules of conduct
379
00:16:37,947 --> 00:16:39,992
set forth in our company's
contractual agreement
380
00:16:40,016 --> 00:16:40,982
with the Pentagon.
381
00:16:41,017 --> 00:16:42,862
I'd like to see that agreement.
382
00:16:42,886 --> 00:16:45,264
Okay. I'll make sure
you get a copy of it.
383
00:16:45,288 --> 00:16:47,366
Trust me, if there's
been wrongdoing,
384
00:16:47,390 --> 00:16:48,722
Tom Elgart's gonna wish
385
00:16:48,758 --> 00:16:51,198
he had the UCMJ on his side.
386
00:16:55,448 --> 00:16:57,848
Whoa! Easy on the peanut oil!
387
00:16:57,883 --> 00:16:59,317
Sorry, sir.
388
00:16:59,352 --> 00:17:01,763
I had no idea a nut product
could be so combustible.
389
00:17:01,787 --> 00:17:03,015
It's under control, though.
390
00:17:03,039 --> 00:17:04,738
Hey.
391
00:17:04,791 --> 00:17:05,756
Hi, Mattie.
392
00:17:05,792 --> 00:17:06,835
You take an earlier bus?
393
00:17:06,859 --> 00:17:07,925
I caught a ride.
394
00:17:07,960 --> 00:17:09,204
Evening, Commander. Hey, Tom.
395
00:17:09,228 --> 00:17:11,262
I've got a couple days
business up here in town,
396
00:17:11,297 --> 00:17:12,763
so thought I'd
drive Mattie myself.
397
00:17:12,799 --> 00:17:14,176
Oh, good. Join us for dinner.
398
00:17:14,200 --> 00:17:16,117
You're cooking?
399
00:17:16,169 --> 00:17:17,229
We wanted to surprise you
400
00:17:17,253 --> 00:17:18,530
with a welcome home dinner.
401
00:17:18,554 --> 00:17:20,821
Oh, sorry. I didn't
mean to impose.
402
00:17:20,857 --> 00:17:22,189
You're not imposing.
403
00:17:22,225 --> 00:17:25,393
That's okay. We've
already had a nice long visit.
404
00:17:25,428 --> 00:17:26,860
Dumping me on the doorstep?
405
00:17:26,896 --> 00:17:29,363
Hardly. I just think that the
sooner you settle back in
406
00:17:29,399 --> 00:17:31,965
with the Commander and
Jennifer, the better, that's all.
407
00:17:32,001 --> 00:17:33,379
I can't see how a little dinner
408
00:17:33,403 --> 00:17:34,964
is gonna stand
in the way of that.
409
00:17:34,988 --> 00:17:36,048
I could use some help.
410
00:17:36,072 --> 00:17:37,404
Come on, Dad.
411
00:17:37,440 --> 00:17:38,739
You need to eat.
412
00:17:38,775 --> 00:17:40,586
Come on. Come on.
413
00:17:40,610 --> 00:17:42,388
Okay.
414
00:17:42,412 --> 00:17:44,645
I hate to do this to you, sir,
415
00:17:44,680 --> 00:17:47,247
but I have finished
the requisition reports,
416
00:17:47,283 --> 00:17:48,833
and I need your signature.
417
00:17:48,868 --> 00:17:51,619
Did the Admiral ever complain
418
00:17:51,671 --> 00:17:52,881
of carpal-tunnel syndrome?
419
00:17:52,905 --> 00:17:55,901
SEALs don't complain, sir.
420
00:17:55,925 --> 00:17:58,559
Any new word on
the next JAG, sir?
421
00:17:58,595 --> 00:18:00,528
Rumor mill's still turning.
422
00:18:01,631 --> 00:18:03,131
Well, I better get out of here.
423
00:18:03,166 --> 00:18:05,333
Harriet wants me to
pick up some, uh, goulash
424
00:18:05,368 --> 00:18:06,445
and a jar of gherkins.
425
00:18:06,469 --> 00:18:08,102
She having cravings?
426
00:18:08,138 --> 00:18:10,854
Actually, they're for me, sir.
427
00:18:10,890 --> 00:18:12,256
Good night, Commander.
428
00:18:12,291 --> 00:18:13,291
Good night, sir.
429
00:18:15,278 --> 00:18:16,343
Bud?
430
00:18:18,364 --> 00:18:20,259
Do you have a problem
with my management style?
431
00:18:20,283 --> 00:18:22,917
No, sir.
432
00:18:22,952 --> 00:18:25,286
I think that your style is, uh,
433
00:18:25,321 --> 00:18:27,354
very straightforward, sir.
434
00:18:27,407 --> 00:18:29,473
You being diplomatic,
Mr. Roberts?
435
00:18:31,844 --> 00:18:33,927
I don't know how
to answer that, sir.
436
00:18:33,963 --> 00:18:35,629
I seem to have run afoul
437
00:18:35,665 --> 00:18:37,865
of my old colleagues
here at JAG.
438
00:18:39,535 --> 00:18:40,801
Well...
439
00:18:40,837 --> 00:18:42,815
sometimes there's not
a lot of room at the top
440
00:18:42,839 --> 00:18:45,372
for friendship, Commander.
441
00:18:48,243 --> 00:18:50,539
That was quite a dinner, thanks.
442
00:18:50,563 --> 00:18:51,873
No, thank you.
443
00:18:51,897 --> 00:18:54,031
I was headed for disaster.
444
00:18:54,067 --> 00:18:56,300
Hmm. When I was a kid,
445
00:18:56,335 --> 00:18:58,335
almost every Saturday,
Dad would cook.
446
00:18:59,739 --> 00:19:01,967
Tom, you said you were
in town for business?
447
00:19:01,991 --> 00:19:04,057
Yup, got appointments
at a few banks.
448
00:19:04,093 --> 00:19:05,392
Trying to secure a loan
449
00:19:05,427 --> 00:19:07,306
to start up Grace
Aviation again.
450
00:19:07,330 --> 00:19:08,796
We went out to the airfield.
451
00:19:08,832 --> 00:19:10,380
Hangar's under new ownership.
452
00:19:10,416 --> 00:19:12,644
We talked to the manager.
453
00:19:12,668 --> 00:19:15,769
He said he'd cut us a deal,
rent it to us at the old rate.
454
00:19:15,805 --> 00:19:18,673
Grace Aviation
will be flying again.
455
00:19:18,708 --> 00:19:20,924
Wow, you two have
been busy, huh?
456
00:19:20,960 --> 00:19:22,210
Mattie's been a big help.
457
00:19:22,262 --> 00:19:23,906
So that explains
458
00:19:23,930 --> 00:19:25,413
the extra week in Blacksburg.
459
00:19:27,100 --> 00:19:29,177
And here I thought you were
delayed because of a boy.
460
00:19:29,201 --> 00:19:30,817
That, too.
461
00:19:30,853 --> 00:19:32,714
Well, don't worry. Mattie knows
462
00:19:32,738 --> 00:19:34,349
it's time to get
back to the books.
463
00:19:34,373 --> 00:19:37,519
Boys and airplanes are
just going to have to wait.
464
00:19:37,543 --> 00:19:39,360
There's always e-mail.
465
00:19:42,165 --> 00:19:44,259
I appreciate your help, Colonel.
466
00:19:44,283 --> 00:19:46,817
Not a problem.
467
00:19:46,852 --> 00:19:48,018
About the other day...
468
00:19:48,053 --> 00:19:49,653
I'm sorry if I was out of line.
469
00:19:49,689 --> 00:19:50,654
No, you weren't.
470
00:19:50,690 --> 00:19:52,189
What you said was true.
471
00:19:52,224 --> 00:19:55,158
It's up to us to make sure
your husband didn't die in vain.
472
00:19:56,429 --> 00:19:58,228
Thank you.
473
00:20:04,236 --> 00:20:05,414
What's going on, Mac?
474
00:20:05,438 --> 00:20:06,970
Just giving some legal advice.
475
00:20:07,005 --> 00:20:08,605
She's considering a civil suit
476
00:20:08,641 --> 00:20:10,273
against Battlefield Solutions.
477
00:20:10,309 --> 00:20:12,220
Is that her idea or yours?
478
00:20:12,244 --> 00:20:14,611
I read over Battlefield Solution's
Pentagon contract, Harm.
479
00:20:14,647 --> 00:20:16,112
The past few months,
480
00:20:16,148 --> 00:20:18,782
Tom Elgart has violated at least
a half a dozen rules of conduct.
481
00:20:18,818 --> 00:20:20,012
All that matters
is what happened
482
00:20:20,036 --> 00:20:21,713
four days ago in Kirkuk.
483
00:20:21,737 --> 00:20:23,437
I know, but that's
the damning part.
484
00:20:23,472 --> 00:20:26,073
Tom Elgart sent a message to
Marine headquarters in Kirkuk
485
00:20:26,108 --> 00:20:27,519
detailing the Iraqi
troops' movements.
486
00:20:27,543 --> 00:20:29,521
Yeah, it was in his
after-action report.
487
00:20:29,545 --> 00:20:31,011
Yeah, one detail he left out.
488
00:20:31,047 --> 00:20:33,058
He never waited for
confirmation that headquarters
489
00:20:33,082 --> 00:20:34,693
had notified Marine
units in the field,
490
00:20:34,717 --> 00:20:36,833
a violation of his
company's policy.
491
00:20:36,869 --> 00:20:37,930
What else?
492
00:20:37,954 --> 00:20:39,920
Well, Marine eyewitnesses
reported that Elgart
493
00:20:39,956 --> 00:20:40,988
was carrying a weapon.
494
00:20:41,023 --> 00:20:42,122
Another violation.
495
00:20:42,175 --> 00:20:44,186
Mac, I'm not trying
to stick up for the guy.
496
00:20:44,210 --> 00:20:46,087
However, he was
operating in a war zone.
497
00:20:46,111 --> 00:20:47,060
Negligently.
498
00:20:47,096 --> 00:20:49,062
What happened was tragic.
499
00:20:49,098 --> 00:20:51,477
However, Elgart is
out of our jurisdiction.
500
00:20:51,501 --> 00:20:53,779
He's Battlefield
Solution's problem now.
501
00:20:53,803 --> 00:20:55,781
Retired Commander
Merrick was a hell of a skipper
502
00:20:55,805 --> 00:20:56,815
when he was in the Navy.
503
00:20:56,839 --> 00:20:58,000
He's an honorable man.
504
00:20:58,024 --> 00:21:00,769
We can trust him to
investigate his own people.
505
00:21:00,793 --> 00:21:01,842
Fine and then what?
506
00:21:01,877 --> 00:21:04,077
A Marine dies, and
Tom Elgart gets fired?
507
00:21:04,113 --> 00:21:05,507
That's it? What
are you suggesting?
508
00:21:05,531 --> 00:21:09,533
We have a SECNAV authorize
prosecuting a retired Marine?
509
00:21:09,568 --> 00:21:11,213
Were you two planning to tell me
510
00:21:11,237 --> 00:21:14,216
you were still pursuing the
friendly fire incident in Kirkuk?
511
00:21:14,240 --> 00:21:15,917
We just assumed
you would endorse
512
00:21:15,941 --> 00:21:17,391
our continued due diligence.
513
00:21:17,426 --> 00:21:18,859
I am not laughing, Harm!
514
00:21:18,894 --> 00:21:20,723
I just got a call from SECNAV,
515
00:21:20,747 --> 00:21:22,357
asking why we're investigating
516
00:21:22,381 --> 00:21:24,777
one of the Pentagon's private
military contractors in Iraq.
517
00:21:24,801 --> 00:21:26,333
I did not have an answer!
518
00:21:26,368 --> 00:21:27,752
Sturgis, I think we have a case.
519
00:21:27,787 --> 00:21:29,286
I'm not so sure we do.
520
00:21:29,321 --> 00:21:30,382
I agree with Harm
521
00:21:30,406 --> 00:21:33,118
for a change, but
SECNAV doesn't.
522
00:21:33,142 --> 00:21:34,385
Headquarters Marine Corps
523
00:21:34,409 --> 00:21:36,088
forwarded Ann
Sheehy's allegations
524
00:21:36,112 --> 00:21:37,689
to his office, along
with preferred charges.
525
00:21:37,713 --> 00:21:39,930
He's directed that
526
00:21:39,966 --> 00:21:41,360
retired Sergeant
Major Elgart report
527
00:21:41,384 --> 00:21:42,494
and appear at court-martial.
528
00:21:42,518 --> 00:21:44,134
Don't look at me.
529
00:21:44,169 --> 00:21:45,947
It seems retired
Commander Merrick
530
00:21:45,971 --> 00:21:47,432
was sufficiently distressed
531
00:21:47,456 --> 00:21:49,976
by the behavior of his employee
that he made the call himself.
532
00:21:51,176 --> 00:21:52,270
Colonel, you'll prosecute.
533
00:21:52,294 --> 00:21:53,560
Commander, you'll defend.
534
00:21:53,595 --> 00:21:54,623
Oh, I'm not so sure
535
00:21:54,647 --> 00:21:55,941
the Retired Marine
Sergeant Major
536
00:21:55,965 --> 00:21:57,459
is going to appreciate
that decision.
537
00:21:57,483 --> 00:22:00,133
He's the one who requested you.
538
00:22:00,169 --> 00:22:02,113
I suggest you get your client
539
00:22:02,137 --> 00:22:03,148
a haircut and a shave
540
00:22:03,172 --> 00:22:07,240
and tell him to get
his uniform pressed.
541
00:22:07,276 --> 00:22:09,676
Proceedings begin Monday, 0900.
542
00:22:20,573 --> 00:22:23,573
I'm surprised you requested
me as defense counsel,
543
00:22:23,609 --> 00:22:24,774
Sergeant Major...
544
00:22:24,810 --> 00:22:26,688
Facing negligent homicide,
545
00:22:26,712 --> 00:22:28,923
I'd rather have you in my corner
546
00:22:28,947 --> 00:22:31,881
than some legal weenie
devil-I-don't-know.
547
00:22:31,917 --> 00:22:34,050
I'll take that as a compliment.
548
00:22:34,086 --> 00:22:37,354
You can take this as a
warning, Sergeant Major.
549
00:22:37,389 --> 00:22:39,456
Flash that attitude on
the stand and we're done.
550
00:22:39,492 --> 00:22:43,093
I know only one
way, sir... truth.
551
00:22:43,129 --> 00:22:45,329
Yeah, you said that last time.
552
00:22:45,364 --> 00:22:48,416
Before you neglected
some, uh, important facts.
553
00:22:48,468 --> 00:22:52,670
You're referring to Mrs.
Sheehy's allegations.
554
00:22:52,705 --> 00:22:54,472
Among other things.
555
00:22:54,507 --> 00:22:58,075
You try being a
hired gun in Iraq, sir.
556
00:22:58,110 --> 00:23:03,764
The enemy doesn't play by the
rules, so we have to bend them.
557
00:23:03,816 --> 00:23:06,149
By driving recklessly
through villages,
558
00:23:06,185 --> 00:23:09,415
armed takeovers of gas
stations, pistol-whipping civilians?
559
00:23:09,439 --> 00:23:10,838
I remind you what happened
560
00:23:10,873 --> 00:23:13,507
to four contractors in
Falluja this past spring:
561
00:23:13,543 --> 00:23:16,343
murdered, mutilated, burned
and hung from a bridge,
562
00:23:16,378 --> 00:23:19,246
not to mention more
recent atrocities.
563
00:23:19,281 --> 00:23:22,483
We drive fast because
if we don't, we're dead.
564
00:23:22,518 --> 00:23:26,420
We crash gas stations 'cause
if we run dry, we're dead.
565
00:23:26,456 --> 00:23:29,456
We wait in line... we're dead.
566
00:23:29,509 --> 00:23:31,391
And the beating of civilians?
567
00:23:32,495 --> 00:23:36,497
That was a situation where...
568
00:23:36,532 --> 00:23:38,432
I was extracting information.
569
00:23:38,467 --> 00:23:40,812
The beating of this civilian...
Did it have anything to do
570
00:23:40,836 --> 00:23:42,397
with the terrorists
you were pursuing
571
00:23:42,421 --> 00:23:45,106
the night of the incident?
572
00:23:45,141 --> 00:23:48,209
Look, Sergeant Major, you
want me to represent you,
573
00:23:48,244 --> 00:23:50,361
you're going to
have to come clean.
574
00:23:50,396 --> 00:23:54,965
What happened to
those guys in Falluja,
575
00:23:55,000 --> 00:23:56,878
that happened to one of my men.
576
00:23:56,902 --> 00:23:58,847
It just didn't make the papers.
577
00:23:58,871 --> 00:24:01,572
It's one of the selling
points of us hired guns...
578
00:24:01,607 --> 00:24:03,418
We slip into body
bags real easy.
579
00:24:03,442 --> 00:24:06,810
What happened?
580
00:24:06,846 --> 00:24:10,280
Insurgents caught my number
two guy alone at a checkpoint.
581
00:24:12,585 --> 00:24:13,984
By the time we found him,
582
00:24:14,019 --> 00:24:16,532
there wasn't much
left to put in a body bag.
583
00:24:16,556 --> 00:24:18,522
The terrorist you
were pursuing...
584
00:24:18,558 --> 00:24:20,490
This was the insurgents' leader.
585
00:24:23,195 --> 00:24:24,161
Yeah, I know.
586
00:24:24,196 --> 00:24:25,563
It sounds like a great motive
587
00:24:25,598 --> 00:24:27,843
for some trigger-happy
mercenary to go blasting
588
00:24:27,867 --> 00:24:30,734
into a city street and end up
killing a young Marine, right?
589
00:24:30,769 --> 00:24:33,370
Well, that's definitely
what the government's
590
00:24:33,405 --> 00:24:34,688
going to try to prove.
591
00:24:34,723 --> 00:24:40,594
Sir, I spent 22 years
in the Marine Corps.
592
00:24:40,629 --> 00:24:42,162
I'm a pro.
593
00:24:42,198 --> 00:24:47,300
I never fired on anybody
that didn't fire at me first... sir.
594
00:24:49,955 --> 00:24:52,267
MacKENZIE: Lieutenant, your fire
team was providing perimeter security
595
00:24:52,291 --> 00:24:54,591
for Kurdish leader Mohammed
Aziz on the night in question.
596
00:24:54,627 --> 00:24:56,593
Tell us what happened.
597
00:24:56,629 --> 00:24:59,596
We were hunkered down,
shadowing Aziz's bodyguards.
598
00:24:59,632 --> 00:25:01,364
Next thing, it's a firefight.
599
00:25:01,400 --> 00:25:05,335
My gunny was hit...
my corporal killed.
600
00:25:05,370 --> 00:25:07,738
Who fired first, Lieutenant?
601
00:25:07,773 --> 00:25:10,274
The muzzle flashes I saw
came from the archway, Colonel.
602
00:25:10,309 --> 00:25:13,443
Where the accused and his
Iraqi Civil Defense Corps trainees
603
00:25:13,479 --> 00:25:14,745
were positioned.
604
00:25:14,780 --> 00:25:16,541
Did you have any
idea they were there?
605
00:25:16,565 --> 00:25:17,797
We'd received no word
606
00:25:17,833 --> 00:25:20,484
of Iraqi troop movement
in the area, ma'am.
607
00:25:20,519 --> 00:25:21,986
Thank you, Lieutenant.
608
00:25:22,021 --> 00:25:24,121
Lieutenant, you've
stated in your debriefing
609
00:25:24,156 --> 00:25:26,034
that you had trouble
with your field radio.
610
00:25:26,058 --> 00:25:28,403
Is it possible that headquarters
tried to get ahold of you
611
00:25:28,427 --> 00:25:29,888
and just couldn't?
612
00:25:29,912 --> 00:25:33,747
Yes, but the onus is still on
the Iraqis and their advisors
613
00:25:33,783 --> 00:25:35,293
to make their
presence known, sir.
614
00:25:35,317 --> 00:25:38,218
Aziz's bodyguards had AK-47s.
615
00:25:38,253 --> 00:25:40,387
They were between
you and the Iraqis.
616
00:25:40,422 --> 00:25:43,590
Given the conditions,
Lieutenant, is it possible
617
00:25:43,643 --> 00:25:46,576
the flashes you saw
came from Aziz's men
618
00:25:46,612 --> 00:25:48,395
and not from the Iraqis?
619
00:25:51,484 --> 00:25:52,766
It's possible.
620
00:25:52,801 --> 00:25:54,301
Thank you.
621
00:25:59,558 --> 00:26:01,203
Hope I'm not interrupting.
622
00:26:01,227 --> 00:26:04,361
No. Come on in.
623
00:26:04,397 --> 00:26:07,097
What can I do for you, Tom?
624
00:26:07,133 --> 00:26:09,044
Well, it's about those banks
625
00:26:09,068 --> 00:26:11,346
I'm trying to
squeeze money from.
626
00:26:11,370 --> 00:26:13,404
Have a seat.
627
00:26:13,439 --> 00:26:15,089
Having a little trouble, huh?
628
00:26:15,124 --> 00:26:17,835
Well, let's just say I haven't
met any Jimmy Stewarts
629
00:26:17,859 --> 00:26:19,905
who are interested
in my wonderful life.
630
00:26:19,929 --> 00:26:21,562
You need legal help?
631
00:26:21,597 --> 00:26:23,530
No, no, that's not it.
632
00:26:23,566 --> 00:26:27,268
Actually, I just wanted
to ask you for a reference.
633
00:26:27,303 --> 00:26:28,269
Of course.
634
00:26:28,304 --> 00:26:30,638
Be glad to.
635
00:26:30,673 --> 00:26:33,840
Thanks.
636
00:26:33,893 --> 00:26:35,491
How's Mattie?
637
00:26:35,528 --> 00:26:37,160
She's good.
638
00:26:37,195 --> 00:26:38,729
She's glued to the laptop.
639
00:26:38,764 --> 00:26:41,982
Instant-messaging,
as far as I can tell.
640
00:26:42,017 --> 00:26:44,034
KEV-REV 150.
641
00:26:44,069 --> 00:26:46,620
That's Kevin Reilly.
642
00:26:46,655 --> 00:26:48,088
He's a boy back home.
643
00:26:48,124 --> 00:26:50,807
He's a nice kid,
nothing to worry about.
644
00:26:53,462 --> 00:26:55,628
Well...
645
00:26:55,664 --> 00:26:58,565
Well, uh, I'll let you get back.
646
00:27:01,604 --> 00:27:03,470
Good luck.
647
00:27:03,505 --> 00:27:06,940
Listen, I don't know how
to say this quite, but...
648
00:27:06,976 --> 00:27:08,475
I owe you a lot.
649
00:27:08,510 --> 00:27:09,576
Aw...
650
00:27:09,611 --> 00:27:11,122
No, not just about
this reference.
651
00:27:11,146 --> 00:27:12,273
I mean about Mattie.
652
00:27:12,297 --> 00:27:16,850
I wanted my little girl
back for so long, and...
653
00:27:16,885 --> 00:27:20,154
Well, now it actually seems
like maybe it's happening.
654
00:27:20,189 --> 00:27:22,356
You're the one doing
the hard work, Tom.
655
00:27:22,391 --> 00:27:23,657
Getting your life back.
656
00:27:23,692 --> 00:27:26,243
Thank you.
657
00:27:26,278 --> 00:27:27,789
MacKENZIE: Former
Gunnery Sergeant McDaniel,
658
00:27:27,813 --> 00:27:29,980
in what capacity are you
and the accused employed
659
00:27:30,015 --> 00:27:31,614
by Battlefield Solutions?
660
00:27:31,650 --> 00:27:34,929
We're advisors to the Iraqi
Civil Defense forces, Colonel.
661
00:27:34,953 --> 00:27:36,030
You were present on the night
662
00:27:36,054 --> 00:27:37,298
of the incident,
isn't that true?
663
00:27:37,322 --> 00:27:38,972
I was on the advisor-team, yes.
664
00:27:39,008 --> 00:27:41,774
Battlefield Solutions'
contract sets policy
665
00:27:41,810 --> 00:27:43,510
for advisors in the field.
666
00:27:43,545 --> 00:27:46,980
Now, these advisors aren't
supposed to issue combat orders
667
00:27:47,016 --> 00:27:49,549
as Sergeant Major
Elgart did, are they?
668
00:27:49,584 --> 00:27:51,196
That's what it says, Colonel.
669
00:27:51,220 --> 00:27:53,920
As noncombatants, they're also
not supposed to carry weapons,
670
00:27:53,955 --> 00:27:56,723
though Sergeant Major Elgart
was armed that night, wasn't he?
671
00:27:56,776 --> 00:27:58,486
We're on the
front lines, Colonel.
672
00:27:58,510 --> 00:28:00,172
We'd be fools
not to be carrying.
673
00:28:00,196 --> 00:28:01,545
I'll take that as a "yes."
674
00:28:01,580 --> 00:28:05,415
Policy also dictates that
advisors inform U.S. forces
675
00:28:05,450 --> 00:28:07,401
of their movements
in a combat zone.
676
00:28:07,436 --> 00:28:08,547
Which we did.
677
00:28:08,571 --> 00:28:10,371
You didn't wait
for confirmation.
678
00:28:10,406 --> 00:28:11,772
We waited for six hours.
679
00:28:11,807 --> 00:28:13,518
But, no, we didn't
get confirmation.
680
00:28:13,542 --> 00:28:18,061
According to policy, your teams
usually consist of four men...
681
00:28:18,096 --> 00:28:19,580
Objection. Relevance.
682
00:28:19,615 --> 00:28:20,914
I'm getting there, Your Honor.
683
00:28:20,950 --> 00:28:23,250
I'll go along for now. Proceed.
684
00:28:23,302 --> 00:28:26,670
There were only three
of you out there that night.
685
00:28:26,705 --> 00:28:30,007
You recently lost the
number two man on your team
686
00:28:30,042 --> 00:28:33,010
in an ambush by
insurgents, isn't that right?
687
00:28:33,045 --> 00:28:36,713
Alan Ridley was...
attacked, yes.
688
00:28:36,748 --> 00:28:39,283
By the terrorist leader
you were pursuing
689
00:28:39,318 --> 00:28:40,918
on the night in question?
690
00:28:40,953 --> 00:28:42,319
Affirmative, Colonel.
691
00:28:42,354 --> 00:28:46,323
His body was mutilated,
dragged through the streets.
692
00:28:46,358 --> 00:28:48,503
You got the facts right, ma'am.
693
00:28:48,527 --> 00:28:51,228
How did you and Sergeant Major
Elgart feel about what happened?
694
00:28:51,263 --> 00:28:53,544
How do you think we felt?!
695
00:28:55,451 --> 00:28:59,118
We were... angered
and... outraged.
696
00:28:59,154 --> 00:29:02,089
Like any American would be.
697
00:29:02,124 --> 00:29:07,060
Enough to rush into a blind
attack, guns blazing in revenge?
698
00:29:07,096 --> 00:29:08,261
Your Honor!
699
00:29:08,297 --> 00:29:09,562
Withdrawn.
700
00:29:09,598 --> 00:29:11,397
No further questions.
701
00:29:13,219 --> 00:29:15,080
I'd like to answer
that if I may.
702
00:29:15,104 --> 00:29:16,619
Go ahead.
703
00:29:16,654 --> 00:29:18,583
The Colonel wants people
704
00:29:18,607 --> 00:29:21,174
to think that Tom
Elgart's the kind of man
705
00:29:21,209 --> 00:29:23,576
that would let revenge
rule his reason.
706
00:29:25,448 --> 00:29:28,381
We served together for 20 years.
707
00:29:28,417 --> 00:29:31,585
Never once did
he exceed an order,
708
00:29:31,620 --> 00:29:34,521
nor risk lives needlessly.
709
00:29:34,556 --> 00:29:38,492
We're not vigilantes,
we're Marines.
710
00:29:38,527 --> 00:29:42,879
Only difference now is
the clothes on our back.
711
00:29:42,915 --> 00:29:45,048
Thank you, Mr. McDaniel.
712
00:29:53,926 --> 00:29:55,558
"History of Female Aviators."
713
00:29:55,593 --> 00:29:57,823
I was going to buy
that book for you.
714
00:29:57,847 --> 00:29:59,612
Oh, yeah.
715
00:29:59,648 --> 00:30:01,814
It's okay. Dad went
ahead and got it for me.
716
00:30:03,369 --> 00:30:04,935
Oh.
717
00:30:06,772 --> 00:30:08,333
"KEV-REV 150," huh?
718
00:30:08,357 --> 00:30:10,991
Uh... yeah.
719
00:30:11,026 --> 00:30:12,659
It's Kevin, a boy I like.
720
00:30:12,694 --> 00:30:13,694
Yeah, I know.
721
00:30:13,729 --> 00:30:15,195
Your dad told me about him.
722
00:30:15,230 --> 00:30:16,413
Great.
723
00:30:16,448 --> 00:30:18,325
Now I have two fathers
with loaded shotguns.
724
00:30:18,349 --> 00:30:21,434
Actually, mine's a
nine-millimeter Navy issue.
725
00:30:21,470 --> 00:30:22,702
It's more accurate.
726
00:30:26,158 --> 00:30:27,819
I'm having privacy issues here.
727
00:30:27,843 --> 00:30:29,609
Sorry.
728
00:30:31,380 --> 00:30:34,013
So, this, uh, Kevin...
729
00:30:34,049 --> 00:30:36,883
is it serious?
730
00:30:36,918 --> 00:30:39,052
After all, you are only 15.
731
00:30:39,104 --> 00:30:40,854
And?
732
00:30:40,890 --> 00:30:44,224
Do you know much about, uh...
733
00:30:46,395 --> 00:30:48,011
What, sex?
734
00:30:49,732 --> 00:30:52,733
Between MTV and the
popular girls at school,
735
00:30:52,768 --> 00:30:54,318
I've heard the basics.
736
00:30:54,353 --> 00:30:57,321
Well, that's a little worrisome.
737
00:30:57,356 --> 00:30:59,172
Actually, it's a pretty
serious topic, Mattie.
738
00:30:59,207 --> 00:31:00,886
It's something that
you definitely need
739
00:31:00,910 --> 00:31:02,842
to talk to your dad about.
740
00:31:02,878 --> 00:31:05,428
He's the guy to
go to on this one.
741
00:31:05,464 --> 00:31:07,692
Okay.
742
00:31:07,716 --> 00:31:08,716
Okay.
743
00:31:09,751 --> 00:31:10,751
Good. Okay.
744
00:31:15,007 --> 00:31:17,540
MacKENZIE: Mrs. Sheehy, one
final incident I'd like to discuss.
745
00:31:17,575 --> 00:31:18,575
On 28 May,
746
00:31:18,610 --> 00:31:20,877
one week before your
husband was killed,
747
00:31:20,912 --> 00:31:22,657
he related to you a
previous encounter
748
00:31:22,681 --> 00:31:23,931
with the accused
749
00:31:23,966 --> 00:31:26,326
in the village of Khasa,
outside Kirkuk, is that right?
750
00:31:26,351 --> 00:31:27,617
Yes.
751
00:31:27,652 --> 00:31:30,086
Paul's fire team was
again providing security
752
00:31:30,122 --> 00:31:31,754
for the Kurdish leader, Aziz,
753
00:31:31,790 --> 00:31:35,374
when they crossed paths with the
Sergeant Major and his advisors.
754
00:31:35,411 --> 00:31:38,111
Oh. What were the Sergeant
Major and his team doing there?
755
00:31:38,163 --> 00:31:41,164
They were pursuing
terrorist insurgents.
756
00:31:41,199 --> 00:31:43,383
Paul said they had bad intel.
757
00:31:43,418 --> 00:31:45,397
Were the Marines aware that
the Iraqis and their advisors
758
00:31:45,421 --> 00:31:46,853
were there?
759
00:31:46,888 --> 00:31:48,055
No.
760
00:31:48,090 --> 00:31:49,250
But Paul said
761
00:31:49,274 --> 00:31:51,236
it wasn't the first time
Sergeant Major Elgart
762
00:31:51,260 --> 00:31:52,570
and his team were freelancing.
763
00:31:52,594 --> 00:31:54,093
Did your husband
say what happened?
764
00:31:54,129 --> 00:31:57,313
The two sides nearly engaged.
765
00:31:57,348 --> 00:32:00,717
What else did he say?
766
00:32:00,752 --> 00:32:02,752
Paul said it was
a matter of time
767
00:32:02,788 --> 00:32:04,421
before someone got killed.
768
00:32:04,456 --> 00:32:06,690
Thank you, Mrs. Sheehy.
769
00:32:33,385 --> 00:32:36,386
What was that about,
Sergeant Major?
770
00:32:36,421 --> 00:32:38,165
Well, Battlefield Solutions'
corporate counsel
771
00:32:38,189 --> 00:32:40,724
thinks we're losing, sir.
772
00:32:40,759 --> 00:32:42,503
We'll have our day... tomorrow.
773
00:32:42,527 --> 00:32:45,495
Yeah, he also said that while
he represents the company,
774
00:32:45,530 --> 00:32:46,874
he's concerned
one of its employees
775
00:32:46,898 --> 00:32:50,634
isn't getting the best
possible representation.
776
00:32:50,669 --> 00:32:52,335
Well, is that how you feel?
777
00:32:52,371 --> 00:32:55,371
Frankly, sir, I don't
know how I feel.
778
00:32:55,407 --> 00:32:58,875
I do think it is maybe
time to consider
779
00:32:58,911 --> 00:33:01,411
a tactical retreat, sir.
780
00:33:01,447 --> 00:33:04,748
The company lawyer
offered a... a plea deal.
781
00:33:04,783 --> 00:33:07,584
I told him it's okay to talk to
Colonel MacKenzie about it.
782
00:33:07,619 --> 00:33:09,352
You're making a mistake.
783
00:33:09,387 --> 00:33:11,621
Well, it wouldn't
be the first time, sir.
784
00:33:22,784 --> 00:33:26,236
So, what kind of deal
are they offering you?
785
00:33:26,271 --> 00:33:27,866
Battlefield's
Corporate Counsel said
786
00:33:27,890 --> 00:33:29,467
if I plead guilty
to the charges,
787
00:33:29,491 --> 00:33:32,937
the government will limit my
confinement to two years, sir.
788
00:33:32,961 --> 00:33:35,128
A few days ago
you sat in this room,
789
00:33:35,163 --> 00:33:37,330
and you told me
you wanted to fight.
790
00:33:37,366 --> 00:33:39,632
I'm choosing my battles.
791
00:33:39,667 --> 00:33:42,252
How much money
they offering you?
792
00:33:43,756 --> 00:33:46,956
I have a family to
feed, Commander.
793
00:33:46,992 --> 00:33:49,593
Merrick said the company
would pay me $2 million
794
00:33:49,628 --> 00:33:50,910
if I pled out.
795
00:33:50,945 --> 00:33:52,979
$2 million...
796
00:33:53,014 --> 00:33:54,931
for two years in the brig.
797
00:33:57,736 --> 00:34:01,304
You know, I believed you when
you told me you weren't guilty.
798
00:34:01,339 --> 00:34:03,306
You want to look
me in the eye now
799
00:34:03,341 --> 00:34:04,941
and tell me that's changed?
800
00:34:04,977 --> 00:34:08,161
That's not the point, Commander.
801
00:34:08,196 --> 00:34:10,141
When I joined the Marine Corps,
802
00:34:10,165 --> 00:34:12,732
I took an oath.
803
00:34:12,767 --> 00:34:16,336
Those stories Ann Sheehy
recounted on the stand...
804
00:34:19,708 --> 00:34:22,141
Maybe I have lost
my way, Commander.
805
00:34:22,177 --> 00:34:24,644
Well, you think you're
gonna find it in Leavenworth?
806
00:34:24,680 --> 00:34:27,681
They call me soldier-of-fortune.
807
00:34:27,716 --> 00:34:29,349
I figure I may as well
808
00:34:29,384 --> 00:34:31,817
start living down to
their expectations.
809
00:34:31,853 --> 00:34:35,255
You're not a mercenary,
Sergeant Major.
810
00:34:35,290 --> 00:34:37,857
You take that $2
million, you will be.
811
00:34:39,577 --> 00:34:42,345
I know your team was
in-country a long time.
812
00:34:42,380 --> 00:34:44,947
I mean, the constant
threat, the isolation,
813
00:34:44,983 --> 00:34:47,250
people get jumpy,
they make bad calls.
814
00:34:47,285 --> 00:34:49,068
Is that what's eating at you?
815
00:34:49,104 --> 00:34:52,221
Well, we were over there
longer than we should've been,
816
00:34:52,257 --> 00:34:53,957
but three months is standard.
817
00:34:53,992 --> 00:34:56,476
My men and I were in
Iraq for almost a year.
818
00:34:56,511 --> 00:34:58,545
Three months?
819
00:34:58,580 --> 00:35:01,364
Is that company policy?
820
00:35:01,399 --> 00:35:02,726
What are you
thinking, Commander?
821
00:35:02,750 --> 00:35:03,917
I'm thinking $2 million
822
00:35:03,952 --> 00:35:07,103
is a hell of a
severance package.
823
00:35:07,139 --> 00:35:11,340
Commander Rabb, you
may call your first witness.
824
00:35:11,376 --> 00:35:13,459
I have only one
witness, Your Honor.
825
00:35:13,495 --> 00:35:16,062
The defense calls
Battlefield Solutions CEO
826
00:35:16,098 --> 00:35:18,231
James Merrick to the stand.
827
00:35:24,489 --> 00:35:26,634
Mr. Merrick, as head
of Battlefield Solutions,
828
00:35:26,658 --> 00:35:28,090
do you feel you're responsible
829
00:35:28,126 --> 00:35:30,343
for the actions of your
employees in the field?
830
00:35:30,378 --> 00:35:32,490
I am responsible for
setting the policies
831
00:35:32,514 --> 00:35:35,148
by which they are to conduct
themselves, Commander.
832
00:35:35,183 --> 00:35:36,515
Is it your opinion
833
00:35:36,551 --> 00:35:39,068
that the accused failed to
adhere to these policies, sir?
834
00:35:39,103 --> 00:35:41,121
Regretfully, it is.
835
00:35:41,156 --> 00:35:44,034
Is that why you contacted
Headquarters Marine Corps
836
00:35:44,058 --> 00:35:45,892
and requested this
court-martial, sir?
837
00:35:45,927 --> 00:35:47,093
I contacted General Hale
838
00:35:47,128 --> 00:35:48,706
in the interest
of serving justice.
839
00:35:48,730 --> 00:35:50,307
Not to mention
your own interests,
840
00:35:50,331 --> 00:35:52,932
by heading off a civil suit
by Corporal Sheehy's widow.
841
00:35:52,967 --> 00:35:54,033
Objection.
842
00:35:54,068 --> 00:35:55,167
Sustained.
843
00:35:55,203 --> 00:35:56,953
Careful, Commander. Yes, sir.
844
00:35:56,988 --> 00:35:59,233
Well, Mr. Merrick, was it
in the interests of justice
845
00:35:59,257 --> 00:36:01,202
when you offered
my client $2 million
846
00:36:01,226 --> 00:36:02,526
to cop an early plea?
847
00:36:02,561 --> 00:36:04,205
Objection. Counsel
is putting words
848
00:36:04,229 --> 00:36:05,790
in the witness's mouth. I agree.
849
00:36:05,814 --> 00:36:07,930
However, I would
like to hear his answer.
850
00:36:07,965 --> 00:36:09,093
I think that Mr. Elgart
851
00:36:09,117 --> 00:36:10,834
would acknowledge his own guilt.
852
00:36:10,869 --> 00:36:13,131
He did act negligently
when he instigated a firefight
853
00:36:13,155 --> 00:36:14,554
with U.S. Marines.
854
00:36:14,589 --> 00:36:17,389
I have a copy of your
company's policies
855
00:36:17,425 --> 00:36:19,409
on deployment, Mr. Merrick,
856
00:36:19,444 --> 00:36:22,979
which states that
advisors are to be rotated
857
00:36:23,014 --> 00:36:24,247
every three months...
858
00:36:24,282 --> 00:36:26,850
"to avoid the potential
for lethal mistakes
859
00:36:26,885 --> 00:36:29,001
in the field due
to combat fatigue."
860
00:36:29,037 --> 00:36:30,787
Are you familiar
with this policy, sir?
861
00:36:30,822 --> 00:36:31,988
I am. I wrote it.
862
00:36:32,023 --> 00:36:33,239
Were you not aware
863
00:36:33,275 --> 00:36:35,186
that the sergeant
major and his team
864
00:36:35,210 --> 00:36:38,311
had been in-country, in
combat, for just short of a year,
865
00:36:38,346 --> 00:36:40,191
well over the
three-month period?
866
00:36:40,215 --> 00:36:42,276
If I erred in judgment,
I accept that.
867
00:36:42,300 --> 00:36:45,334
It doesn't alter my opinion
that the accused is guilty,
868
00:36:45,370 --> 00:36:47,603
nor that the swift
application of justice
869
00:36:47,639 --> 00:36:49,605
is desired by all of us.
870
00:36:49,641 --> 00:36:51,757
For all or for you, Mr. Merrick?
871
00:36:51,792 --> 00:36:54,294
You've done everything you
can to quash any real inquiry
872
00:36:54,329 --> 00:36:56,028
into this incident
from the beginning.
873
00:36:56,064 --> 00:36:57,808
Objection, Your Honor. Where
is counsel going with this?
874
00:36:57,832 --> 00:37:00,550
I'd like to know.
Proceed, Commander.
875
00:37:00,585 --> 00:37:02,018
Thank you, sir.
876
00:37:02,053 --> 00:37:07,490
I obtained from the CIA
unredacted action reports,
877
00:37:07,525 --> 00:37:10,392
detailing operations by
your employees in the field
878
00:37:10,428 --> 00:37:14,180
in which I found
unsettling patterns, sir.
879
00:37:15,750 --> 00:37:17,901
Now, we know about
the near-firefight
880
00:37:17,936 --> 00:37:20,670
between the sergeant
major and his team
881
00:37:20,705 --> 00:37:23,223
when they previously
crossed paths with the Marines.
882
00:37:23,258 --> 00:37:24,473
We know about the incident
883
00:37:24,509 --> 00:37:26,509
in which Corporal
Sheehy was killed.
884
00:37:26,544 --> 00:37:29,279
But I found other
instances with other teams
885
00:37:29,314 --> 00:37:31,915
in which Mohammed
Aziz, due to bad intel,
886
00:37:31,950 --> 00:37:33,716
was mistakenly targeted.
887
00:37:33,752 --> 00:37:35,785
Care to comment
on that, Mr. Merrick?
888
00:37:35,820 --> 00:37:39,421
It's a war zone, Commander;
nothing is clear-cut.
889
00:37:39,457 --> 00:37:41,191
No, not like in business,
890
00:37:41,226 --> 00:37:44,427
where clarity is everything.
891
00:37:44,463 --> 00:37:46,329
Battlefield Solutions
in the past year
892
00:37:46,364 --> 00:37:48,481
recently merged
into a conglomerate,
893
00:37:48,516 --> 00:37:51,017
with Henson-LeRoux...
894
00:37:51,052 --> 00:37:53,019
in which you received
895
00:37:53,054 --> 00:37:55,905
200,000 shares of
the parent company
896
00:37:55,940 --> 00:37:57,051
in a stock swap.
897
00:37:57,075 --> 00:37:58,369
Isn't that correct, Mr. Merrick?
898
00:37:58,393 --> 00:37:59,826
It's a matter of public record.
899
00:37:59,861 --> 00:38:02,445
Henson-LeRoux has
oil interests in Iraq,
900
00:38:02,481 --> 00:38:04,680
particularly the Kurdish region.
901
00:38:04,716 --> 00:38:05,882
Isn't that correct?
902
00:38:08,804 --> 00:38:12,254
Or would you rather have
your lawyer do the talking?
903
00:38:12,290 --> 00:38:14,268
I'm sure you know the
answer, Commander.
904
00:38:14,292 --> 00:38:16,693
That oil deal
would be threatened
905
00:38:16,728 --> 00:38:19,028
if Mohammed Aziz
were to assume control
906
00:38:19,063 --> 00:38:23,232
of the oil ministry in an
autonomous Kurdish region.
907
00:38:23,267 --> 00:38:25,112
Mr. Aziz has been
less than friendly
908
00:38:25,136 --> 00:38:27,470
toward Henson-LeRoux
in public statements made.
909
00:38:27,505 --> 00:38:28,705
Isn't that correct, sir?
910
00:38:28,740 --> 00:38:30,051
He's also not been a friend
911
00:38:30,075 --> 00:38:31,724
to the United States.
912
00:38:31,759 --> 00:38:34,761
This man is a warlord
and a murderer.
913
00:38:34,796 --> 00:38:37,574
Controlling Kurdish oil
would be good for all of us.
914
00:38:37,598 --> 00:38:40,433
I checked into the
source of the bad intel.
915
00:38:40,468 --> 00:38:43,302
It came from an
informant in Kirkuk,
916
00:38:43,338 --> 00:38:46,005
a contract employee
of Battlefield Solutions.
917
00:38:46,040 --> 00:38:48,007
Which made me wonder...
918
00:38:48,042 --> 00:38:50,376
whether the bad intel
was coming from Iraq
919
00:38:50,411 --> 00:38:52,111
or from your boardroom.
920
00:38:52,147 --> 00:38:54,647
Army CID is curious, too.
921
00:38:54,682 --> 00:38:56,866
They're presently
questioning the informant.
922
00:38:56,901 --> 00:38:58,134
They want to know why,
923
00:38:58,169 --> 00:39:01,204
on five separate
occasions, Mr. Merrick,
924
00:39:01,239 --> 00:39:04,473
Mohammed Aziz was
targeted by different teams
925
00:39:04,509 --> 00:39:07,010
to be taken out by mistake,
926
00:39:07,045 --> 00:39:09,879
by men you placed
in the field, in combat,
927
00:39:09,915 --> 00:39:12,148
fatigued, on a hair trigger.
928
00:39:12,184 --> 00:39:16,569
You want to save
them some time, sir?
929
00:39:16,604 --> 00:39:19,639
Maybe you should let your lawyer
do the talking from here on out.
930
00:39:19,674 --> 00:39:22,942
I have no further
questions, Your Honor.
931
00:39:22,977 --> 00:39:26,078
The accused and
counsel will rise.
932
00:39:26,114 --> 00:39:29,315
The senior member will
announce the findings, please.
933
00:39:29,351 --> 00:39:32,062
On the charge and specification
of negligent homicide,
934
00:39:32,086 --> 00:39:33,653
Sergeant Major Thomas Elgart,
935
00:39:33,688 --> 00:39:35,633
United States
Marine Corps, Retired,
936
00:39:35,657 --> 00:39:37,268
this court-martial finds you...
937
00:39:37,292 --> 00:39:39,825
not guilty.
938
00:39:39,861 --> 00:39:41,539
On the charge and specification
939
00:39:41,563 --> 00:39:43,674
of dereliction of
duty, we find you...
940
00:39:43,698 --> 00:39:45,165
not guilty.
941
00:39:45,200 --> 00:39:46,693
Thank you, Captain.
942
00:39:46,717 --> 00:39:49,001
This court is adjourned.
943
00:39:49,037 --> 00:39:50,920
Thank you, Commander.
944
00:39:50,956 --> 00:39:52,989
Congratulations. Thank you.
945
00:39:53,024 --> 00:39:54,769
Congratulations...
You can hang up
946
00:39:54,793 --> 00:39:56,503
that uniform again, Mr. Elgart.
947
00:39:56,527 --> 00:39:59,840
Not sure I'm ready to
hang it up just yet, ma'am.
948
00:39:59,864 --> 00:40:02,304
Sir, ma'am, if you'll excuse me?
949
00:40:04,936 --> 00:40:06,280
I wish you'd shown
me the courtesy
950
00:40:06,304 --> 00:40:08,082
of having a conversation
before ambushing me
951
00:40:08,106 --> 00:40:09,383
on the witness stand, Commander.
952
00:40:09,407 --> 00:40:12,458
Courtesy had nothing
to do with it, Mr. Merrick.
953
00:40:12,493 --> 00:40:15,344
Sergeant Major Elgart made
a poor command decision.
954
00:40:15,379 --> 00:40:16,962
And you didn't?
955
00:40:16,997 --> 00:40:20,199
I did what was best for my
company and my country.
956
00:40:20,234 --> 00:40:22,429
And for yourself. What
happened to you, Merrick?
957
00:40:22,453 --> 00:40:24,014
What happened to
honor and decency?
958
00:40:24,038 --> 00:40:25,616
I joined the real
world, Colonel.
959
00:40:25,640 --> 00:40:28,019
Perhaps that's something
you wouldn't understand.
960
00:40:28,043 --> 00:40:29,620
I took a stab at
the real world...
961
00:40:29,644 --> 00:40:31,588
A private law firm;
it didn't change me.
962
00:40:31,612 --> 00:40:34,164
Obviously. You
returned to the service.
963
00:40:34,199 --> 00:40:37,233
See, that's the difference
between you and me.
964
00:40:37,269 --> 00:40:39,502
I didn't have a
Navy to return to.
965
00:40:39,537 --> 00:40:41,370
It can be arranged.
966
00:40:41,405 --> 00:40:43,222
We recalled
Sergeant Major Elgart.
967
00:40:43,257 --> 00:40:46,109
We could extend you the
same courtesy, Mr. Merrick.
968
00:40:46,144 --> 00:40:47,755
We kept you out of
Leavenworth once.
969
00:40:47,779 --> 00:40:49,089
Might be different next time.
970
00:40:49,113 --> 00:40:51,080
Talk to my lawyer.
971
00:40:51,116 --> 00:40:53,432
Well, we'll have to get in line.
972
00:40:53,468 --> 00:40:56,085
I have a feeling by morning
you'll have a civil suit
973
00:40:56,120 --> 00:41:01,357
on your desk asking for a
little more than $2 million.
974
00:41:01,393 --> 00:41:05,044
Hard to believe a man
can do a 180 like that, Harm.
975
00:41:05,079 --> 00:41:06,745
It happens.
976
00:41:06,781 --> 00:41:11,384
There's no way I can adequately
apologize to you, ma'am.
977
00:41:11,419 --> 00:41:13,719
What I can say is...
978
00:41:13,754 --> 00:41:17,023
in my one brief encounter
with your husband,
979
00:41:17,058 --> 00:41:20,393
he demonstrated a strength
and a courage of conviction
980
00:41:20,428 --> 00:41:24,563
that I hope to one day
again find in myself.
981
00:41:24,598 --> 00:41:27,800
Well, maybe you've
started, Sergeant Major.
982
00:41:35,810 --> 00:41:38,043
Hey! Hey!
983
00:41:38,079 --> 00:41:39,779
You and the commander ready?
984
00:41:39,814 --> 00:41:41,992
I'm gonna have to
take a rain check, Tom.
985
00:41:42,016 --> 00:41:43,415
I'm, uh, kind of buried.
986
00:41:43,451 --> 00:41:45,596
Unfortunately, my new boss
987
00:41:45,620 --> 00:41:48,298
is getting even for me
sneaking around behind his back.
988
00:41:48,322 --> 00:41:50,723
Oh, I'm sorry to hear that.
989
00:41:50,759 --> 00:41:52,057
Another night.
990
00:41:52,093 --> 00:41:53,442
Good.
991
00:41:53,477 --> 00:41:56,094
We won't be late.
992
00:41:56,130 --> 00:41:57,930
Okay.
993
00:42:03,020 --> 00:42:05,137
Forgot my sweater.
994
00:42:09,878 --> 00:42:13,412
You... really should join us.
995
00:42:13,447 --> 00:42:15,614
I'm kind of busy.
996
00:42:15,650 --> 00:42:18,250
You know, I've... stopped
worrying about you
997
00:42:18,286 --> 00:42:19,936
trying to send me away.
998
00:42:19,971 --> 00:42:22,121
Good.
999
00:42:22,156 --> 00:42:24,476
You need to stop worrying
that you don't count anymore.
1000
00:42:24,509 --> 00:42:26,826
Mattie, I just think
it'd be good for you
1001
00:42:26,861 --> 00:42:28,995
to spend some more
time with your dad.
1002
00:42:29,030 --> 00:42:30,713
It's pretty obvious
that you're worried.
1003
00:42:30,748 --> 00:42:34,467
The look on your face when I
told you he bought me that book,
1004
00:42:34,502 --> 00:42:36,702
the lack of annoying
personal questions,
1005
00:42:36,738 --> 00:42:38,270
ditching dinner tonight.
1006
00:42:38,305 --> 00:42:41,140
I've got a lot of
work to do, uh...
1007
00:42:41,175 --> 00:42:42,875
You know, I wouldn't have known
1008
00:42:42,910 --> 00:42:45,711
about that female aviators
book, if it weren't for you, Harm.
1009
00:42:45,747 --> 00:42:47,263
I know.
1010
00:42:47,299 --> 00:42:49,732
And the annoying
personal questions...
1011
00:42:49,768 --> 00:42:52,568
I need them.
1012
00:42:52,604 --> 00:42:55,121
I need you.
1013
00:42:55,156 --> 00:42:57,857
I appreciate
everything you've done
1014
00:42:57,892 --> 00:43:00,343
for my dad and me,
getting us back together,
1015
00:43:00,378 --> 00:43:02,494
but you're not
getting rid of me.
1016
00:43:02,530 --> 00:43:03,530
Good.
1017
00:43:05,449 --> 00:43:07,216
Last chance?
1018
00:43:11,355 --> 00:43:13,856
Have fun. Thanks.
1019
00:43:13,892 --> 00:43:16,392
I'll see you later. Okay.
1020
00:43:17,512 --> 00:43:19,028
Hey!
1021
00:43:19,063 --> 00:43:20,343
Your sweater!
1022
00:43:23,984 --> 00:43:26,786
Reduce altitude.
74981
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