Original subtitles

[speaking native language]

[grunts]

[grunts]

[speaking native language]

Condor, this is Alpha Two.

We have the package.

[theme song playing]

As you were.

This morning, the President authorized

the convening

of a military tribunal.

The tribunal will take place aboard the U.S.S. Seahawk.

The accused is a top Al Qaeda leader named...

Mustafa Atef.

As you know, there hasn't been a military tribunal

in this country for over 50 years.

Now... I recognize the fact that defending this man

may be the hardest thing any of you have ever done.

With that in mind, I've decided to ask

for a volunteer.

Hell of a challenge, Commander.

Well, sir, if it is the admiral's wish,

I will do my best.

Don't hear a volunteer in that. Colonel?

Um, like the commander,

I would do my best, sir.

Well...

I will not order this one.

I'll defend him myself.

Anyone for second chair?

Admiral, I'd be privileged if you'll have me.

Done.

Commander, you and the colonel will prosecute.

Prepare to leave tonight.

Aye, aye, sir. Yes, sir.

Lieutenant Singer, in my absence you will

be in charge of JAG administration.

You will e-mail me

sitreps twice a day and decision documents

with a single-page cover summary.

Aye, aye, sir.

That'll be all.

Nice move, sir.

Move, Lieutenant?

Wish I'd thought quick enough

to volunteer for second chair.

I spoke up because it's a chance to be a part of history.

Not to mention lots of extra face time

with the admiral, right, sir?

Wrong, Lieutenant.

That didn't enter into my thinking at all.

And you'll be a much better officer

when it stops entering into yours.

[MacKenzie] How's your Fifth Amendment?

Kind of a personal question, isn't it?

My constitutional law could use a little work.

And we'd better come up with a game plan

because you know the admiral will have one.

We don't leave for Andrews until 2300.

I'll order in so we can do some issue spotting.

Why don't I cook, and then we can carpool?

-Yeah, all right. -Sir, ma'am?

I just want to say good luck.

It's the first time I've ever wanted to prosecute someone myself.

I think anyone involved in 9/11 ought to be drawn and quartered.

Is there anything you need to prepare for your trip, Admiral?

No.

Perhaps some aspirin, sir.

[sighs and chuckles]

Thanks, Tiner.

Aye, sir.

Hey.

Hey, I didn't want to spill anything on it.

-Let me hang it up. -Thanks.

Let me take that.

Whoa... this is nice.

Yeah, a little grilled salmon and vegetables-- brain food.

Great. Can I help? Let me do something.

No, it's all taken care of-- have a seat.

Okay.

Well, the first issue is:

Can the President hold a military tribunal at all?

Deciding criminal liability should be a matter for the courts.

Well, the answer is yes.

During World War II, six German saboteurs

were tried and hanged at a tribunal.

-The Supreme Court upheld it. -But during the Civil War

the Supreme Court criticized military tribunals.

That's because they included U.S. citizens.

I think the president took the curse off this thing, Mac,

when he excluded U.S. citizens at tribunals.

These terrorists are fair game.

You may have convinced yourself of that, Harm,

but that's got to be their opening salvo.

I don't think the admiral's going to want to tell the judges

they came all that way for nothing.

He'd lose, and he knows it.

We have to be prepared for it, anyway.

That's a waste of time. We have very little to spare.

The facts in this case are so sensitive,

we don't even get them until we're aboard the carrier.

I'm going to pass on the jurisdiction line of attack. My responsibility.

Um, excuse me, but who made you first chair?

[chuckles] The admiral mentioned my name first.

So...?

All right, all right, I'll tell you what.

We'll flip for it.

Okay.

You call it.

-Heads. -[coin clattering]

Oh!

Ah. Sorry.

You okay?

Yeah, but I'm second chair.

[chuckles] I'll be gentle.

Don't be gentle. Be good.

[Roberts] Hi, sweetie.

I'm dead tired

but in a really good way.

Miss you and A.J. like crazy.

A.J. and I miss you, too.

Commander Rabb and Colonel MacKenzie

are on their way to you.

I know. They should be here within the hour.

I can't wait. Be nice to see a familiar face.

[Singer] Lieutenant Sims...

Is there something I can do for you, Lieutenant?

You can do your job when you're on my time.

Listen up! Contrary to what some of you may think

I am not the substitute teacher.

While the admiral is away

this place is going to run smoothly and by the numbers.

-Tiner! Tiner! -Yes, ma'am.

-With me. -Yes, ma'am.

[Roberts] Still there?

[Harriet] I'm still here.

How are things at JAG?

[alarm sounds]

What isthat?

Fire drill, ma'am.

Let's go, people!

Secure classified material, make an orderly exit.

Do it quickly! Quickly!

[Harriet]

[man over P.A.] Stand by on the flight deck! Stand by on the flight deck!

Judge Advocate General arriving.

And salute!

Welcome aboard, Admiral, Officers.

Let's get on with this, shall we?

By all means, Admiral.

If you'll follow me, Lieutenant Roberts will see to your staff.

Good to see you again, Petty Officer.

I didn't know you'd been assigned to the Seahawk.

Yes, sir, as Lieutenant Roberts' legalman.

Well, I hope you're keeping your nose clean.

That's affirmative, sir.

Harriet never mentioned that Petty Officer Coates was your legalman.

Well, I-I don't think that I told her, ma'am.

Well, Lieutenant, if you haven't... you better.

Yes, sir.

Here we are.

Your desks are right over here.

I'll get you all some coffee.

Thanks, Jen.

Sir, ma'am, before we start

can I ask how Harriet's doing?

She's doing fine, Bud. Why?

Well, we exchange e-mails about 20 times a day...

and just today, I asked how everything was going at JAG ,

and she said that she was doomed.

[chuckles] I have two words for you, Bud: Lieutenant Singer.

The admiral left her in charge of support staff.

-She's senior. -That's a prescription for disaster.

It'll be all right.

Oh, really? Are we talking about the same

wildly ambitious climber who...

Probably needs something like this to see the light.

[Pike] Yeah, don't worry. Let's talk about the case.

Can you fill us in?

Uh, absolutely, ma'am. Now, I haven't been part

of any of the interrogations, but I have been briefed.

Now, the defendant's name is Mustafa Atef.

He's a Saudi citizen and a captain in the Saudi army.

He was trained in England, he speaks eight languages

and, according to the best information available ,

Mustafa was also known as "Monhadese."

-"The architect." -And number three in Al Qaeda.

He's head of their training program.

That's all the camps worldwide-- Mohandese designed them

he set them up, he even wrote the training manuals.

Busy man. Do we have anything linking this Mohandese to 9/11?

Well, they're pretty sure that he was part of 9/11, sir,

but even proving that Mustafa Atef and Mohandese

are one and the same won't be easy.

Evening, Admiral...

Commander.

Webb, I didn't know you were on board.

I'm not.

He's all yours, Admiral, Commander.

[heavy sigh]

Mr. Atef, I'm Admiral Chegwidden,

this is Commander Turner.

Whatever games you have come to play, save them.

Nothing more will I tell you.

We're not here to interrogate you, we're attorneys.

We came to defend you of the war crimes

of which you've been charged.

Crimes.

Americans have the worst kind of arrogance.

You think you alone define truth.

It us for you to say what is right and who is wrong.

No.

It is for Allah to say,

and I require no defense.

Mr. Atef, that's an excellent approach

if you want to be executed.

All rise.

Be seated.

Is the Government ready to proceed?

If it pleases the court, Your Honor,

I'd like to object to my client

being shackled like an animal.

It's unnecessary, inhumane, and prejudicial.

[Rabb] Your Honor, the shackles are there to ensure security

and proper order during these proceedings.

Marines, remove the handcuffs, leave the leg irons.

If there are any incidents, they'll be put back on.

Ready, Commander.

Your Honor, the Government calls Army Captain Dale Alexander.

Captain, what was your mission on the night in question?

Please describe it for the Court in as much detail as possible.

To apprehend Mustafa Atef, a.k.a. Mohandese, sir.

Objection. Move to strike.

It's not been established that

Mr. Atef and Mohandese are one and the same.

Sustained and stricken.

Continue, Captain.

Our A-team found an unexploded GBU-15

just outside of Mazar-e-Sharif.

That's a 2,000-pound bomb-- could devastate the village.

My demolitions man deactivated it safely.

The next day, our guide told us that

the local warlord, General Hassan Abdullah

was grateful and wanted to see us.

What did General Abdullah have to say, Captain?

[Chegwidden] Objection. Hearsay.

Your Honor, this is not a court-martial.

The tribunal's evidentiary rules expressly permit hearsay.

Only that hearsay which appears

credible and reliable-- this is neither.

Your Honor, counsel is getting ahead of himself.

Our intent is to compensate for

the fog of war, and to provide a full and clear

picture of the circumstances.

That is what Captain Alexander's testimony will do, sir.

[whispering]

-We'll allow it. -Thank you.

Captain, what did General Abdullah have to say?

He said Mohandese had contacted him

for safe conduct to the Pakistani border.

To repay us for saving the village,

General Abdullah gave us the time and place

to apprehend the accused.

And is the man General Abdullah

identified as Mohandese in this courtroom?

Yes, sir. He's right there.

Thank you, Captain.

Nothing further.

Captain Alexander, I have here a dossier

on General Abdullah prepared by you.

In it, you state that the General is a suspected drug runner, don't you?

-Yes, sir. -You also state that

he had former close ties to Al Qaeda, is that correct?

Yes, sir. Makes him effective.

Did it ever occur to you that he might have something to gain

by fingering someone else

as Mohandese?

Objection. Argumentative.

Sustained.

If General Abdullah was sure that Mr. Atef was Mohandese

he could have captured him himself, couldn't he?

No, sir. Right now he's running a detention camp

processing captured Taliban and Al Qaeda.

Captain Alexander, can you say with 100% certainty

that Mr. Atef is Mohandese?

No, sir.

Thank you. Nothing further.

Redirect, Commander.

Yes, Your Honor.

Captain, did you stop at said detention camp

for Taliban and Al Qaeda while bringing the accused to the ship?

Yes, sir.

Were your activities there videotaped?

-Yes, sir. -Your Honor, I would like

to draw the Court's attention to the monitor on my left.

[men chanting] Mohandese, Mohandese, Mohandese, Mohandese...

[chanting continues]

It seems the other detainees

thought you had the right man, Captain.

Nothing further.

Captain Alexander ,

according to your after-action report,

something happened right before you apprehended Mr. Atef.

Can you describe that for us, please?

Yes, sir.

Just as we reached our vehicle to exfiltrate the target area,

a sniper opened up.

Take one; flank him.

Trewick, follow me.

When we reached the sniper's position...

he was gone.

In fact, that sniper could have been Mohandese

and you wouldn't have known it, would you?

It's possible, sir, but I believe--

Thank you. Nothing further.

Uh, redirect again, Your Honor.

[Sebring] Proceed.

Captain, who do you think the sniper was?

Could be anybody, sir.

We encounter snipers at least twice a day.

Thank you. Nothing further.

How do you think it went today?

Will the Afghani warlord testify?

Can Mustafa Atef really get a fair trial?

-He is getting a fair trial. -We'll present our case,

the accused will receive a vigorous defense,

and then the tribunal members will decide.

It's that simple. Excuse us.

How do you know Mohandese is the man...

-Thanks. -Anytime. You okay?

I will be as, soon as this bastard goes down.

We have his confession.

The moment the judges hear it, he's done.

You fought hard in there.

Why?

Mr. Atef, what happened on September 11

was reprehensible,

but our way of life entitles you to a fair trial,

no matter how cowardly the act.

A wise precaution for a nation so morally corrupt.

Want to know what I say about September 11?

Every single person who died that day

got exactly what they deserved.

Sir.

Admiral.

Lieutenant... Singer.

I'll be working out of here for now, Petty Officer.

Are you sure that's such a good...

Yes, ma'am.

Send in Lieutenant Sims.

Aye, aye, sir. Ma'am.

Lieutenant.

What are you doing in the admiral's office?

My job. I want a complete update of all JAG instructions.

That means classified materials handling,

budgeting, personnel-- the whole nine yards

and I want it on my desk by the end of the week.

Please state your name and position.

Clayton Webb. Assistant Deputy Director

for Operations, Southwest Asia.

And what is your role in this case?

I developed the intelligence

on the activities of Mohandese,

identifying him as a target

for Special Forces.

Subsequently, I supervised his interrogation.

And did you learn anything during this interrogation?

The accused confessed to being Mohandese

and to directing the training of roughly 4,000 Al Qaeda fighters.

Including the individuals responsible

for the September 11 attacks

on the World Trade Center and the Pentagon?

Yes.

Your Honor, the transcript of said interrogation

is hereby offered into evidence.

Nothing further.

[Sebring] Defense, your witness.

How long did it take Mr. Atef to enter this confession?

13 days.

During that 13 days, what was Mr. Atef's environment like?

He was under hostile interrogation.

Can you elaborate for us, Mr. Webb?

Bright phosphorescent lights on all day and all night.

Loud, heavy metal music.

Alternating extremes of cold and heat.

And did being sleep-deprived, sore from restraints,

rattled by noise, temperature, and light

get Mr. Atef to confess?

No.

We introduced a Pentothal agent.

Though Pentothal agents are commonly referred to as "truth serums"

are you aware that a person could

still confess to something they didn't do

just to be let alone?

Objection. Counsel is providing his own testimony.

Withdrawn.

Thank you, Mr. Webb.

Redirect, Colonel?

-No, Your Honor. -Very well.

You may step down, Mr. Webb.

Thank you.

Your Honor, I must move

to exclude Mustafa Atef's confession.

13 days of torture to obtain

an involuntary confession shocks the conscience,

violating both the spirit and the letter of the Fifth Amendment.

Your Honor, I strongly object to the word "torture."

At no time was the accused beaten

or was there ever any intentional infliction of pain.

Furthermore, Your Honor, we are at war, and the Fifth Amendment

does not apply to our enemies.

The very idea is ridiculous.

Agreed. Defense--

Your Honor,

I'm going to have to call for a vote on this.

[all whispering]

The Government is correct.

The Fifth Amendment does not apply here.

However, this commission is going to exclude

Mr. Atef's involuntary confession as lacking

probative value to a reasonable person,

under the described circumstances.

Continue.

[Rabb] Your Honor, the Government rests

but we reserve the right, sir,

to call new witnesses in rebuttal.

Noted. Will the defense be presenting evidence?

-Yes, Your Honor. -Very well.

We'll recess and begin hearing the defense case

at 1330... sharp.

[gavel bangs]

That was big. Without the confession,

the I.D. as Mohandese might not stand up.

Yeah, it just might be enough for reasonable doubt.

We could put the warlord who made the I.D. on the stand.

With his past history?

[footsteps]

Look at that guy.

Wait a minute.

There were dozens of prisoners chanting his name on the tape.

Maybe we can flip one of them to corroborate.

Maybe.

[knocking]

[Captain Johnson] Enter.

Excuse us, Skipper...

Sir, we wanted to request permission to go ashore.

We need a witness to corroborate the I.D. on Mohandese.

We want to look in General Abdullah's detention camp, sir.

Well, Mr. Webb here is looking

for transportation to the same place.

Please, sit down.

All right.

This can't leave the room.

We believe the sniper in question

is Mustafa Atef's brother, Kabir.

Why?

He's Al Qaeda's top intelligence operative.

He probably got wind of our plan to apprehend Mustafa.

-But got there too late. -Exactly.

Like his brother, Mustafa

Kabir was trained by us and the British.

Ex-Saudi intelligence.

He's an accomplished marksman.

He's supported by a cadre of loyal operatives

and a web of intelligence contacts

that span the globe.

I wish we'd known about this earlier, Webb.

Kabir was seen last week in Pakistan.

NSA picked up an escalation of encrypted communication

between Afghanistan, Pakistan, and Iran.

The sheer volume of it suggests a prelude to an attack.

-NSA hasn't decrypted it? -They will.

What really concerns me is that Mustafa Atef knew

staying in country was a big risk, but he didn't leave.

He was waiting for Kabir to get back from Pakistan.

That information must have been awfully important, ma'am.

Which makes it important to us, vital.

Now, I just ordered a sweep that netted a lot of Al Qaeda

in the same vicinity we got Mustafa.

There's a good chance Kabir was picked up

and is sitting in General Abdullah's camp right now.

-I'll spare you a helo. -Let's go, Webb.

Oh, hold on. You're First Chair.

Good thinking. You take over till I get back.

Sir?

Colonel MacKenzie is fluent in Farsi.

That's true.

All right, Colonel, you go.

Outstanding. Let's get it in gear, Webb.

Captain.

I have a Ph.D. in international relations

and a Master of Laws from Oxford

where I've taught international law

and military justice for the last 30 years.

Professor Sinclair, what constitutes

a legal combatant under the Geneva Convention?

[Sinclair] A member of the armed forces or militia of the territory

who wears distinctive insignia

or carries arms openly,

conducts operations in accordance

with the laws and customs of war.

Can a legal combatant who follows

the laws of war be subject to a tribunal such as this?

-No. -The government hasn't proven

that Mr. Atef is Mohandese,

but for the sake of argument,

let's discuss Mohandese.

In your expert opinion, does Mohandese fit

the requirements for a legal combatant?

Indeed, Al Qaeda is a militia group

of international membership

akin to the French Foreign Legion.

Mohandese was known to wear a braided officer's cap

and to carry a pistol at his hip.

If Mohandese was connected to the September 11 attacks

would that action be contrary to the laws of war?

No. The World Trade Center

could be characterized as key

to U.S. financial infrastructure and thus key to its war effort.

Obviously, there's no question

that the Pentagon was a military target.

Thank you. Nothing further.

Professor, is your contention that the braided officer's cover

Mohandese often wore was distinctive military insignia?

Yes, and he wore it every day.

Professor, I would bet that you wear

a jacket and a tie most every day.

Would that be correct?

-Yes. -But you wouldn't consider that

-a military uniform, would you? -I am an academic, not a soldier.

Well, Mohandese is not a soldier, Professor-- he's a terrorist.

-[Chegwidden] Objection! -Withdrawn.

Professor, the fact that Mohandese wore

a particular item of clothing every day

does not, under the Geneva Convention

make it a military uniform, does it?

No.

You also testified that the custom of war allows for

the hitting of infrastructure, but doesn't that pertain

-to infrastructure directly related to a war effort? -Yes.

But there was no war at the time of the September 11 attacks, was there?

There was for Al Qaeda.

The jihad that has existed

since the occupation of Palestine.

Still, the Geneva Convention

expressly forbids the taking of hostages, doesn't it?

Yes, but I am not aware that any hostages were taken.

There were several hundred men, women, and children

aboard the four aircraft that were hijacked by the Al Qaeda terrorists.

Are you telling this tribunal they weren't hostages?

There was never any ransom

or demand made to indicate that the individuals

aboard those aircraft were intended to be hostages.

Are you kidding me?

Objection! Argumentative.

I have no further questions, Your Honor.

Allahu Akbar.

[speaking native language]

Clayton Webb, here to see General Abdullah.

[rifle cocking]

[speaking Farsi]

Colonel MacKenzie.

Gunny, what are you doing here ,

and when did you learn to speak Farsi?

[speaking Farsi]

Nice of you to call it Farsi, ma'am.

[Webb] That's right.

-You're with JAG in Washington. -Yes, sir.

Before there was a war on . It's good to see you, Gunny.

Good to see you, ma'am. Excuse my appearance.

I just came in off patrol for some sleep and chow ,

then I'm back out tomorrow.

You looked dressed for Special Ops.

Is that so, ma'am?

So, how's everybody back at JAG?

Well, the Admiral's doing great.

Lieutenant Roberts snagged carrier JAG aboard the Seahawk.

-And Harm is, you know, Harm. -Yeah.

-How are you doing? -Never been better.

Excuse me, where can we find General Abdullah?

-I'll take you there, sir. -Thank you.

You're a woman.

Last time I checked, General.

[speaking Farsi]

-I'm Colonel MacKenzie. -[speaking Farsi]

And you, friend Webb, what can I do for you?

I'm looking for Kabir Atef.

Can you identify him if he's here?

I regret I cannot. Kabir has many faces.

We have 40 new prisoners.

Even if he was among them, I would not know.

Can we interview the prisoners one at a time?

-I am afraid few speak English. -[speaking Farsi]

[speaking Farsi] The Red Cross is checking on them now ,

so I will show you to your quarters.

In the morning, I will see to it

all the prisoners are made available to you.

Come.

[knocking]

Enter.

Evening, sir. I just got word that Colonel MacKenzie made

her regular scheduled check-in.

All is proceeding on mission, sir.

-Thank you. -Commander, I was wondering

if maybe you'd want to take a break and have a game of chess?

-Winner plays me. -Oh, she's good, sir, but beatable.

No, thank you.

That'll be all.

Aye, aye, sir.

-He's mad at me. -Sir, he's just busy.

No, I've seen him busy, I've seen him stressed

I've seen him damn near dead.

He's never talked to me like this before.

The Defense recalls Captain Dale Alexander.

Captain Alexander, are you a terrorist?

Objection. Argumentative, and calls for a conclusion.

Your Honor, I'm developing testimony from a hostile witness.

If I might have a little latitude.

A little, Commander.

-Captain, are you a terrorist? -No, sir.

As an Army Special Forces Officer ,

what is your primary mission?

To train indigenous forces

in unconventional warfare.

Does that training include how

and where to place land mines?

It can, sir.

Do you teach the use and construction of booby traps?

Sometimes, sir.

Are you aware that land mines and booby traps

can injure innocent noncombatants?

Any weapons system can.

But many land mine and booby traps can't be aimed

to avoid injuries to noncombatants ,

can they?

That's true, sir.

But our mines have self-deactivating

self-destructing mechanisms.

And booby traps are confined to only threat-rich environments.

Still, any time you teach the use

of a land mine or a booby trap

you may also be teaching

the killing of noncombatants, correct?

Your Honor, argumentative ,

and Captain Alexander is not on trial here.

Withdrawn. One final question.

On certain operations, Special Forces personnel

remove all insignia.

Your dog tags, anything that could identify you.

Is that correct?

That's classified, sir.

Let the record reflect that was not a "no."

Nothing further.

[Sebring] Commander Rabb.

I have one question, Captain.

Have you ever trained troops to use land mines or booby traps

in an area where there were only noncombatants?

-No, sir. -[Rabb] Thank you, Captain.

Nothing further.

Defense rests, Your Honor.

Thank you, Captain.

You may step down.

Your Honor, the Government calls

rebuttal witness Mustafa Atef to the stand.

The Defense opposes that, Your Honor.

Your Honor, the tribunal has already ruled

the Fifth Amendment does not apply here.

The only evidentiary standard

is probative value to a reasonable person.

What could be more probative

than the accused's own testimony?

Mr. Atef can not be required to testify.

Why? Is he hiding something?

Doesn't he want to tell his side?

I have nothing to hide.

I will testify.

[Sebring] Very well.

The Defense will have a short recess to prepare.

[speaking Farsi]

The colonel wanted them brought out one at a time.

They're here now.

Ask him if Kabir Atef is among them.

[speaking Farsi]

[speaks Farsi]

No.

[speaking Farsi]

[speaking Farsi]

I asked if anyone knows Mohandese.

He said they only know

why they're here.

[speaking Farsi]

To kill you!

Hold your fire!

We are leaving right now.

or I will cut her head from her shoulders.

This won't work.

-I will kill her! -Let her go!

Stay back! You shoot, she will die.

-Calm down. -I will kill the American.

-Just calm down. -Set my brothers free, or watch her die.

-Don't set anybody free. -Shut up!

Drop your guns, all of you.

They're not dropping anything.

I said shut up!

[speaking Farsi]

Do it, General.

-Drop your guns. -No.

Damn it, put them down.

All of you, put your weapons down.

Tell them to open the gate.

[speaking Farsi]

[speaking Farsi]

[gunshot]

I knew if he thought he was getting his way,

he'd relax and give you an opening.

[Rabb] State your name for the record.

[Atef] You know who I am.

For the record, sir.

Whose record?

Permission to treat as a hostile witness, Your Honor.

Granted, Commander.

"For the record" means for the world.

So for the record,

your name Mustafa Atef, is that correct?

-Yes. -And you're a member of an organization

known as Al Qaeda?

For your record...

I am a soldier.

I've been one all my life.

From military school in England

beginning at the age of six

to serving in the Saudi army

where I attained the rank of captain.

Then I became a soldier of Allah.

So, you're a soldier like any other,

except in Al Qaeda.

-Is that your testimony? -It's the truth.

And you trained people in Al Qaeda

like any other soldier?

Except better.

Is it your contention, Mr. Atef

that the attacks on the United States

on September 11 were nothing more than typical

military operations?

[laughs] Who do you think you are talking to?

American bombs have slaughtered thousands of Muslims

in Iraq and Afghanistan.

Do you really think

that when the Pentagon uses words like

"engage" or "neutralize" or "target"

that they are any better than me?

When a man's cause is just,

he is not afraid to use the word "kill."

When a man's cause is just,

is he afraid to admit

that he's also known as Mohandese?

Objection. Leading.

Overruled.

I am not afraid.

I amMohandese.

Is he also not afraid to admit

that he trained the men

who hijacked the four airliners on September 11?

I picked the men,

trained them, planned it.

And I'd do it again.

The attacks on September 11

were Al Qaeda's most important operation, weren't they?

Don't you think so?

If this operation were so important,

why not go yourself,

instead of duping impressionable young men

to do the job for you?

Objection. Argumentative.

I'll tell you why you didn't go.

Because for all your pride and posturing, you're a coward.

-[Sebring] Commander! -You're afraid to die. But I'll tell you something.

That's exactly what you're going to do.

Commander! That is quite enough.

[MacKenzie] Can't get used to seeing you

-gone native, Gunny. -Neither can I, ma'am, but it works.

I could almost pass if I keep my mouth shut.

Is that how you got this assignment?

Yes, ma'am. That and they wanted someone

with investigative experience

to hunt down bin Laden and company.

Has it been what you expected?

Oh, yes and no, ma'am.

The Marine Corps taught me

everything I need to survive,

but when a guy goes down, ma'am

what you see, what you feel...

Here.

He's Al Qaeda. He's nothing.

He still gets humane treatment.

Marine, help this man.

[speaking Farsi]

[Galindez] Did I hear that right, ma'am?

He won't talk about Mohandese,

but he was with Kabir two days ago?

That's what he said.

Updated JAG instructions.

Finally earning your pay.

Can't say much for your attitude, though.

I can't say much for yours.

Let me tell you something.

Leadership is not a popularity contest.

It's not a power trip, either.

The stripes we wear on our sleeve give us authority,

but it's what we have inside that makes us a leader.

And you would know that if you had it.

Guess you told me. Congratulations.

Now, you can go tell all your little friends

that you zinged it to the wicked witch.

[Sebring] The senior member

of the tribunal will now publish our findings.

We find the accused, Mustafa Atef

guilty of the intentional targeting and mass murder

of non-combatants.

By unanimous vote,

this tribunal sentences the accused to death.

[Sebring] Mr. Atef,

you and your comrades will go down in history as butchers

who committed a grave atrocity

that precipitated your own downfall.

As for now, you'll be transported

as soon as feasible, to Fort Leavenworth.

There, at a time of the convening authority's choosing,

you will be executed by lethal injection.

-We're done here. -[Atef] Wrong.

This is far from over.

Kabir will whisper in eternal darkness,

and all the world will hear him roar.

Get him out of here.

Congratulations, Commander.

Thank you, sir.

You put up a great defense.

Excuse me.

Harm, we need to talk.

What about?

We can't execute Mustafa Atef.

Remember Mustafa's brother, Kabir, was in Pakistan?

While he was there, enemy communication traffic

between Pakistan, Iran and Russia

-was off the charts. -Russia?!

Tha's the wild card. We decrypted one message enough to learn

that it was a wire transfer-- $250 million

from a Pakistani bank was routed through a bank in the UAE

and ended up in Iran.

$250 million for what?

That's what we need to know.

There's an Al Qaeda operation underway--

a big one-- with even Russia figuring in somehow.

All we know for sure is Kabir is the point man,

and Mustafa Atef is behind it.

I thought you'd be up here, sir.

I wanted to see you off.

So, you thought Mac should go, huh?

Yes, sir.

All right, Bud.

You may have been right that time... maybe.

You want to play chess later tonight?

Yes, sir.

But I thought that you were leaving with the admiral

and Commander Turner back to JAG this morning.

Mac and I are under orders to remain aboard

to evaluate anything Mustafa might tell Webb.

I tell you, I wish I was in there.

I could think of a few ways to make him talk.

You know, Bud

I've prosecuted too many cases to remember

but this is the one time... if the accused had got off,

I'd have killed him myself.

-[man over radio] Lieutenant Roberts. -This is Roberts.

Commander Rabb's urgently needed in the brig.

He's on his way.

Mac, do you know what's going on?

No.

Bag him, tag him, and put him on ice.

What did you do, Webb?

I didn't do anything.

Must have taken it from the courtroom.

He slashed his wrists with a pen?

Original.

Sometime during the night,

Atef turned his back to the guard

as though to go to sleep.

He did the deed and bled out.

The guard had no way of knowing.

He never made a sound.

All I needed was one day.

One more day.

Whatever he knew, he took it with him.

We have to hope we find Mustafa's brother Kabir,

before it's too late.

[theme song playing]