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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:04:32,819 --> 00:04:36,322 Captain, I'd like to request that it be me who's the attorney.... 2 00:04:37,366 --> 00:04:39,951 That it be myself who's assigned.... 3 00:04:40,202 --> 00:04:43,329 No, I'd like to request that it be I who am assigned.... 4 00:04:44,539 --> 00:04:49,377 "That it be I who am assigned"? That's confidence-inspiring. 5 00:04:50,212 --> 00:04:53,547 Good grammar, there. Captain, I'd like to request.... 6 00:05:00,138 --> 00:05:02,723 Lieutenant Commander Galloway, here to see Captain West. 7 00:05:02,891 --> 00:05:05,393 - Go right in, they're expecting you. - Thank you. 8 00:05:09,564 --> 00:05:12,858 - Jo, come on in. - Thank you, sir. 9 00:05:13,026 --> 00:05:15,403 Captain West, this is Lt. Commander Galloway. 10 00:05:15,570 --> 00:05:17,863 - You know Commander Lawrence? - Yes, sir. 11 00:05:18,031 --> 00:05:21,117 - I appreciate you seeing me. - Would you like to sit down? 12 00:05:21,410 --> 00:05:23,744 - I'm fine, sir. - Have a seat. 13 00:05:25,414 --> 00:05:30,251 - We've had some trouble in Cuba? - Yes, sir. This past Friday. 14 00:05:30,419 --> 00:05:34,922 Two Marines, a Lance Corporal Dawson and a Private Downey... 15 00:05:35,090 --> 00:05:39,093 ...entered the barracks room of a PFC William Santiago and assaulted him. 16 00:05:39,386 --> 00:05:42,763 Santiago died at the base hospital approximately an hour later. 17 00:05:43,015 --> 00:05:46,392 The NIS agent who took Dawson and Downey's statements... 18 00:05:46,560 --> 00:05:48,811 ... maintains they were trying to stop Santiago... 19 00:05:48,979 --> 00:05:51,647 ...from naming Dawson in a fenceline shooting incident. 20 00:05:51,815 --> 00:05:56,777 - The hearing's in Cuba at 1600. - What's the problem? 21 00:05:56,945 --> 00:05:59,447 Dawson and Downey are recruiting-poster Marines. 22 00:05:59,614 --> 00:06:01,907 Santiago was known to be a screwup. 23 00:06:02,075 --> 00:06:04,744 I was thinking it sounded like a Code Red. 24 00:06:05,787 --> 00:06:07,121 Christ! 25 00:06:07,289 --> 00:06:10,875 Sir, I'd like to have them moved up to Washington and assigned counsel. 26 00:06:11,043 --> 00:06:13,127 Someone who can really look into this. 27 00:06:13,295 --> 00:06:15,629 Someone who possesses not only the legal skill... 28 00:06:15,839 --> 00:06:18,632 ... but a familiarity with the workings of the military. 29 00:06:18,800 --> 00:06:23,429 In short, I'd like to suggest that I be the one who that- 30 00:06:23,597 --> 00:06:28,684 That it be me who is assigned to represent them, myself. 31 00:06:30,604 --> 00:06:35,149 - Why don't you get a cup of coffee? - Thank you, sir, I'm fine. 32 00:06:35,317 --> 00:06:38,444 Leave the room, so we can talk about you behind your back. 33 00:06:39,112 --> 00:06:41,072 Certainly, sir. 34 00:06:47,496 --> 00:06:50,164 I thought this Code Red shit wasn't going on anymore. 35 00:06:50,332 --> 00:06:53,459 With the Marines at Gitmo, who knows what the hell goes on there? 36 00:06:53,627 --> 00:06:57,463 We'd better find out before the rest of the world does. 37 00:06:57,672 --> 00:07:00,174 What about this Commander Galloway? 38 00:07:00,342 --> 00:07:05,471 She's been working a desk at Internal Affairs for a little over a year. 39 00:07:05,722 --> 00:07:08,474 - Before that? - Disposed of three cases in two years. 40 00:07:08,683 --> 00:07:11,352 Three in two years? Who's she handling, the Rosenbergs? 41 00:07:11,520 --> 00:07:14,021 - She's not a litigator. - She's a hell of an investigator- 42 00:07:14,189 --> 00:07:18,692 In Internal Affairs, sure. She can crawl up a lawyer's ass with the best. 43 00:07:18,860 --> 00:07:22,863 I know, I know, all passion, no street smarts. Bring her back in. 44 00:07:28,537 --> 00:07:29,745 Jo. 45 00:07:34,126 --> 00:07:37,503 - We'll have the defendants moved here. - Thank you, sir. 46 00:07:37,712 --> 00:07:40,131 And I'll have Division assign them counsel. 47 00:07:41,216 --> 00:07:43,926 But, not me? 48 00:07:44,136 --> 00:07:47,513 From what I understand, you're much too valuable... 49 00:07:47,681 --> 00:07:52,143 ...to be wasted on a five-minute plea bargain and a week's paperwork. 50 00:07:52,310 --> 00:07:55,688 - Sir, there might be more involved. - Don't worry about it. 51 00:07:55,897 --> 00:07:58,816 Division will assign the right man for the job. 52 00:07:58,984 --> 00:08:01,235 All right, let's go, let's get two! 53 00:08:02,821 --> 00:08:03,821 Sorry. 54 00:08:03,989 --> 00:08:07,241 Nothing to be sorry about, Sherby. Look the ball into your glove. 55 00:08:07,659 --> 00:08:11,495 - Shooting two. - Sorry. 56 00:08:11,705 --> 00:08:16,417 Trust me. Keep your eyes open, your chances of catching increase by 10. 57 00:08:16,585 --> 00:08:18,252 - Kaffee. - Let's try it again. 58 00:08:18,420 --> 00:08:21,422 - Kaffee! - Dave, you seem distraught. 59 00:08:21,590 --> 00:08:23,716 We were supposed to meet 15 minutes ago. 60 00:08:23,884 --> 00:08:25,759 You're stalling on the McDermott case. 61 00:08:25,927 --> 00:08:30,723 We either get it done now, or I'll hang him from a fucking yardarm! 62 00:08:30,891 --> 00:08:36,103 - Do we still hang people from yardarms? - I don't think so. 63 00:08:36,563 --> 00:08:39,690 Sherby doesn't think we do that anymore. 64 00:08:39,858 --> 00:08:43,110 I'll charge him with possession and being under the influence on duty. 65 00:08:43,278 --> 00:08:47,448 You plead guilty, I'll recommend 30 days in the brig. 66 00:08:47,616 --> 00:08:52,411 - It was 10 dollars' worth of oregano. - Your client thought it was marijuana. 67 00:08:52,579 --> 00:08:55,206 My client's a moron. That's not illegal. 68 00:08:55,373 --> 00:08:58,626 I got people to answer to. I'm gonna charge him. 69 00:08:58,835 --> 00:09:00,961 With possession of a condiment? 70 00:09:01,963 --> 00:09:06,258 I tried to help, but if you ask for jail time, I'll file a motion to dismiss. 71 00:09:06,426 --> 00:09:08,302 - You won't get it. - I will get it. 72 00:09:08,470 --> 00:09:13,015 If not, I'll file a motion seeking to obtain an evidentiary ruling in advance... 73 00:09:13,308 --> 00:09:15,768 ...then I'll file against pre-trial confinement. 74 00:09:15,977 --> 00:09:18,312 You'll get three months' paperwork... 75 00:09:18,480 --> 00:09:21,982 ... because a signalman bought and smoked a dime bag of oregano. 76 00:09:22,317 --> 00:09:24,485 Let's go! Let's get two! 77 00:09:25,654 --> 00:09:30,407 - Twenty days in the brig. - Fifteen days' restricted duty. 78 00:09:31,993 --> 00:09:36,247 - I don't know why I'm agreeing. - You have wisdom beyond your years. 79 00:09:40,293 --> 00:09:43,462 - Good morning. - Good morning, captain. 80 00:09:43,630 --> 00:09:45,172 How's the baby, Sam? 81 00:09:45,340 --> 00:09:50,052 - She'll say her first word any day now. - How can you tell? 82 00:09:50,262 --> 00:09:53,847 She just looks like she has something to say. 83 00:09:54,641 --> 00:09:56,517 Excuse me, sorry I'm late. 84 00:09:56,685 --> 00:10:00,688 You don't have a good excuse, so I won't force you to tell a bad one. 85 00:10:00,855 --> 00:10:05,067 - Thank you, sir. - This first one's for you. 86 00:10:05,277 --> 00:10:09,154 You're moving up in the world. You've been requested by Division. 87 00:10:10,407 --> 00:10:14,410 - Requested to do what? - Guantánamo Bay, Cuba. 88 00:10:14,577 --> 00:10:17,371 A Marine Corporal named Dawson illegally fires a round... 89 00:10:17,539 --> 00:10:21,417 ...from his weapon, over the fenceline and into Cuba. 90 00:10:21,710 --> 00:10:23,460 - What's a fenceline? - Sam. 91 00:10:23,878 --> 00:10:27,715 A big wall separating the good guys from the bad guys. 92 00:10:27,882 --> 00:10:29,216 Teacher's pet. 93 00:10:29,384 --> 00:10:32,303 PFC Santiago threatens to rat on Dawson... 94 00:10:32,470 --> 00:10:34,513 ...to the Naval Investigative Service. 95 00:10:34,681 --> 00:10:38,392 Dawson and another member of his squad, PFC Louden Downey... 96 00:10:38,560 --> 00:10:41,729 ...go into Santiago's room, tie him up... 97 00:10:41,896 --> 00:10:44,189 ...stuff a rag down his throat... 98 00:10:44,357 --> 00:10:46,233 ...and an hour later, he's dead. 99 00:10:46,401 --> 00:10:50,154 Attending physician says the rag was treated with some kind of toxin. 100 00:10:50,322 --> 00:10:52,906 - They poisoned the rag? - Not according to them. 101 00:10:53,074 --> 00:10:55,409 - What do they say? - Not much. 102 00:10:55,702 --> 00:10:58,412 They're being flown up tomorrow. On Wednesday at 0600... 103 00:10:58,580 --> 00:11:02,583 ...you'll catch a transport down to Cuba to find out what you can. 104 00:11:02,751 --> 00:11:06,879 Meantime, go and see Lt. Commander JoAnne Galloway... 105 00:11:07,797 --> 00:11:09,548 ...with Internal Affairs. 106 00:11:09,758 --> 00:11:12,259 - Any questions? - The flight to Cuba... 107 00:11:12,427 --> 00:11:15,262 ...was that 0600 in the morning, sir? 108 00:11:16,473 --> 00:11:21,268 It's important this one go by the book, so I'm assigning co-counsel. 109 00:11:21,436 --> 00:11:22,895 Any volunteers? 110 00:11:24,105 --> 00:11:25,439 - No. - Sam.... 111 00:11:25,607 --> 00:11:28,859 - Sir, I got a stack of papers- - Work with Kaffee on this. 112 00:11:29,027 --> 00:11:31,862 Doing what? He'll have this done in four days. 113 00:11:32,030 --> 00:11:37,201 Doing various administrative things. Backup. Whatever. 114 00:11:37,369 --> 00:11:39,912 In other words, I have no responsibilities? 115 00:11:40,080 --> 00:11:41,205 Right. 116 00:11:41,373 --> 00:11:43,499 My kind of case. 117 00:11:44,793 --> 00:11:49,254 Right. Right. Okay, but I gotta have that report by Wednesday. 118 00:11:55,678 --> 00:11:58,305 - Hi. - Hold on. Hi. 119 00:11:58,473 --> 00:12:02,643 Daniel Kaffee. I was told to meet with... 120 00:12:08,316 --> 00:12:11,110 ... Lieutenant Commander Galloway. 121 00:12:13,488 --> 00:12:17,616 - About a briefing. - I'll call you back. 122 00:12:19,619 --> 00:12:24,206 - You're the attorney Division assigned? - I'm lead counsel, this is Sam Weinberg. 123 00:12:24,416 --> 00:12:28,627 - I have no responsibilities whatsoever. - Come in. Have a seat. 124 00:12:39,180 --> 00:12:44,810 - How long have you been in the Navy? - Going on nine months now. 125 00:12:45,562 --> 00:12:48,522 And how long have you been out of law school? 126 00:12:48,690 --> 00:12:50,149 Little over a year. 127 00:12:50,316 --> 00:12:53,944 - I see. - Have I done something wrong? 128 00:12:54,112 --> 00:12:59,450 No. But when I asked for counsel, I was hoping to be taken seriously. 129 00:13:00,034 --> 00:13:02,202 No offence taken, in case you were wondering. 130 00:13:02,370 --> 00:13:06,373 Lieutenant Kaffee is considered the best litigator in our office. 131 00:13:06,541 --> 00:13:09,877 He successfully plea-bargained 44 cases in nine months. 132 00:13:10,044 --> 00:13:13,839 - One more, I get a set of steak knives. - Have you ever been in court? 133 00:13:14,007 --> 00:13:16,508 - I once had my licence suspended.... - Danny. 134 00:13:16,676 --> 00:13:20,721 If this thing goes to court, they won't need a lawyer, they'll need a priest. 135 00:13:21,347 --> 00:13:24,391 No, they'll need a lawyer. 136 00:13:24,559 --> 00:13:30,022 Dawson's family's been contacted. Downey's closest relative is his aunt. 137 00:13:30,190 --> 00:13:32,983 She hasn't been contacted yet, would you like me to do that? 138 00:13:33,151 --> 00:13:34,568 Sure, if you feel like it. 139 00:13:36,404 --> 00:13:40,407 One of the people you'll be seeing is the barracks CO, Colonel Jessep. 140 00:13:40,575 --> 00:13:42,618 I assume you've heard of him. 141 00:13:42,785 --> 00:13:45,204 Who hasn't? 142 00:13:45,371 --> 00:13:46,914 He's been in the papers lately. 143 00:13:47,081 --> 00:13:48,999 He's expected to be director of operations... 144 00:13:49,167 --> 00:13:50,709 ...of the National Security Council. 145 00:13:50,877 --> 00:13:54,421 - Really? - Here are Santiago's letters from Gitmo. 146 00:13:54,589 --> 00:13:57,257 - That's Guantánamo Bay. - I knew that one. 147 00:13:57,425 --> 00:13:58,926 He wrote the fleet commander, HQ Atlantic... 148 00:13:59,093 --> 00:14:02,095 ...the Marine commandant, even his senator. 149 00:14:02,263 --> 00:14:05,557 He wanted to be transferred. No one was listening. Are you with me? 150 00:14:05,725 --> 00:14:07,267 Yeah. 151 00:14:08,728 --> 00:14:10,938 Finally he wrote the Naval Investigative Service... 152 00:14:11,105 --> 00:14:16,568 ...where he offered to trade information about Dawson's shooting for a transfer. 153 00:14:17,237 --> 00:14:19,279 Right. Is that all? 154 00:14:19,447 --> 00:14:23,784 This letter makes it look like your client had a motive to kill Santiago. 155 00:14:23,952 --> 00:14:28,789 - Got you. And Santiago is who? - The victim. 156 00:14:28,957 --> 00:14:30,290 Write that down. 157 00:14:30,458 --> 00:14:34,461 These letters don't paint a flattering picture of Marine Corps life at Gitmo? 158 00:14:34,629 --> 00:14:35,963 - Yes, amon- - And am I right... 159 00:14:36,130 --> 00:14:39,883 ...that a protracted investigation might embarrass the Security Council guy? 160 00:14:40,051 --> 00:14:42,678 - Colonel Jessep- - Twelve years. 161 00:14:42,845 --> 00:14:43,971 I'm sorry? 162 00:14:44,138 --> 00:14:48,058 I'll get them to drop "conspiracy" and "conduct unbecoming. " Twelve years. 163 00:14:48,685 --> 00:14:51,728 You haven't talked to a witness or looked at a piece of paper. 164 00:14:52,146 --> 00:14:53,897 Pretty impressive, huh? 165 00:14:54,065 --> 00:14:55,649 You'll have to go deeper than that. 166 00:14:55,817 --> 00:14:58,485 Do you have some jurisdiction here I should know about? 167 00:14:58,653 --> 00:15:01,280 My job is to make sure that you do your job. 168 00:15:01,447 --> 00:15:06,827 I'm special counsel for Internal Affairs. So my jurisdiction's in your face. 169 00:15:09,080 --> 00:15:12,082 Read the letters. I'll expect a report when you return from Cuba. 170 00:15:12,625 --> 00:15:14,835 - Sure. - You're dismissed! 171 00:15:17,046 --> 00:15:19,423 I always forget that part. 172 00:15:21,342 --> 00:15:23,719 He's a little preoccupied. 173 00:15:23,886 --> 00:15:26,847 Team's playing Bethesda Medical next week. 174 00:15:27,015 --> 00:15:31,602 Tell your friend not to get cute. Guantánamo Marines are fanatical. 175 00:15:31,769 --> 00:15:35,355 - About what? - About being Marines. 176 00:15:35,523 --> 00:15:39,318 Dear sir, my name is PFC William T. Santiago. 177 00:15:39,485 --> 00:15:41,528 I'm a Marine stationed at Marine barracks... 178 00:15:41,696 --> 00:15:45,157 ...Rifle Security Company Windward, 2nd Platoon Bravo. 179 00:15:45,325 --> 00:15:48,827 I am writing to inform you of my problems here in Cuba... 180 00:15:48,995 --> 00:15:50,579 ...and to ask for your help. 181 00:15:50,747 --> 00:15:56,043 I've fallen out of runs before, because of dizziness or nausea. 182 00:15:56,210 --> 00:15:59,796 But on May 18th, I'd fallen back about 20 yards... 183 00:15:59,964 --> 00:16:02,507 ...going down a rocky, unstable hill. 184 00:16:02,675 --> 00:16:05,427 My sergeant grabbed me and pushed me down the hill... 185 00:16:05,595 --> 00:16:09,431 ...then I saw all black and the last thing I remember is hitting the deck. 186 00:16:09,641 --> 00:16:12,851 I was brought to the hospital. They said it was heat exhaustion. 187 00:16:13,019 --> 00:16:18,106 I ask you to help me. Please, I need a transfer out of RSC. 188 00:16:18,274 --> 00:16:22,694 Sincerely, PFC William T. Santiago, U.S. Marine Corps. 189 00:16:22,862 --> 00:16:26,865 P.S. In exchange for my transfer, I'm willing to provide you... 190 00:16:27,033 --> 00:16:32,079 "- with information about an illegal fenceline shooting on August 2nd. " 191 00:16:33,081 --> 00:16:37,376 Who the fuck is PFC William T. Santiago? 192 00:16:37,585 --> 00:16:40,587 Private Santiago's a member of 2nd Platoon Bravo, sir. 193 00:16:40,755 --> 00:16:44,925 Yeah. Apparently he's not very happy down here at Shangri-la... 194 00:16:45,093 --> 00:16:49,930 ... because he's written everybody but Santa Claus, asking for a transfer. 195 00:16:50,098 --> 00:16:55,602 Now he's telling tales about a fenceline shooting. Matthew? 196 00:16:56,062 --> 00:17:01,483 - I'm appalled, sir. - You're appalled. 197 00:17:02,568 --> 00:17:05,946 This kid broke the chain of command and ratted on a member of his unit... 198 00:17:06,114 --> 00:17:09,324 ...to say nothing of the fact that he's a U.S. Marine... 199 00:17:09,492 --> 00:17:14,621 ...and it would appear he can't run from here to there without collapsing. 200 00:17:14,789 --> 00:17:17,958 What the fuck is going on in Bravo company, Matthew? 201 00:17:18,126 --> 00:17:21,044 Colonel, I think it would be better to discuss it in private. 202 00:17:21,212 --> 00:17:25,257 That won't be necessary. I can handle this situation, sir. 203 00:17:25,425 --> 00:17:27,759 - Like you handled Curtis Bell? - Sir, your methods- 204 00:17:27,927 --> 00:17:30,595 Don't interrupt me, lieutenant, I'm your superior! 205 00:17:30,763 --> 00:17:32,639 And I'm yours, Matthew. 206 00:17:34,642 --> 00:17:37,894 I wanna know what we're going to do about this. 207 00:17:38,062 --> 00:17:40,897 I think Santiago should be transferred immediately. 208 00:17:41,065 --> 00:17:42,649 He's that bad? 209 00:17:42,817 --> 00:17:46,820 And word of this letter will get out, and he'll get his ass whipped. 210 00:17:48,614 --> 00:17:52,784 Transfer Santiago? Yes. 211 00:17:52,952 --> 00:17:57,080 Sure, you're right. I'm sure that's the thing to do. 212 00:17:58,833 --> 00:18:02,836 Wait. Wait, I've got a better idea. 213 00:18:03,004 --> 00:18:06,798 Let's transfer the whole squad off the base. Let's.... 214 00:18:06,966 --> 00:18:09,009 On second thought, Windward. 215 00:18:09,177 --> 00:18:13,305 Let's transfer the whole Windward division off the base. 216 00:18:13,473 --> 00:18:18,727 Jon, go get those boys off the fence. They're packing their bags. 217 00:18:18,895 --> 00:18:21,438 - Tom! - Sir? 218 00:18:21,606 --> 00:18:23,482 Get me the president on the phone. 219 00:18:23,649 --> 00:18:26,276 We're surrendering our position in Cuba. 220 00:18:26,444 --> 00:18:28,779 - Yes, sir. - Wait a minute, Tom. 221 00:18:28,946 --> 00:18:34,701 Don't get the president yet. Maybe we should consider this for a second. 222 00:18:34,869 --> 00:18:36,828 - Dismissed, Tom. - Yes, sir. 223 00:18:38,206 --> 00:18:41,875 Maybe- And I'm just spit-balling here. 224 00:18:42,043 --> 00:18:46,880 Maybe we have a responsibility as officers to train Santiago. 225 00:18:47,089 --> 00:18:51,343 Maybe we, as officers, have a responsibility to this country... 226 00:18:51,511 --> 00:18:54,930 ...to see that the men and women charged with its security... 227 00:18:55,097 --> 00:18:56,890 ...are trained professionals. 228 00:18:57,058 --> 00:19:00,727 Yes, I'm certain that I read that somewhere once. 229 00:19:00,895 --> 00:19:03,480 And now I'm thinking, Colonel Markinson... 230 00:19:03,648 --> 00:19:07,734 ...that your suggestion of transferring Santiago... 231 00:19:07,902 --> 00:19:11,112 ...while expeditious and certainly painless... 232 00:19:11,322 --> 00:19:16,618 ... might not be, in a manner of speaking, the American way. 233 00:19:16,828 --> 00:19:21,081 Santiago stays where he is. 234 00:19:21,249 --> 00:19:26,461 We're gonna train the lad. Jon, you're in charge. 235 00:19:26,629 --> 00:19:33,426 Santiago doesn't make 4.6, 4.6 on his next proficiency report... 236 00:19:33,594 --> 00:19:35,929 ... I'm going to blame you. 237 00:19:36,097 --> 00:19:38,557 - Then I'm going to kill you. - Yes, sir. 238 00:19:38,933 --> 00:19:41,226 I think that's a mistake, colonel. 239 00:19:42,770 --> 00:19:46,940 Matthew, I think I will have that word in private with you now. 240 00:19:47,108 --> 00:19:50,777 Jon, that's all. Why don't we meet at the "O" Club and have lunch... 241 00:19:50,945 --> 00:19:53,655 ...and we'll talk about the training of young William. 242 00:19:53,865 --> 00:19:56,533 I'd be delighted to hear your suggestions. 243 00:19:56,701 --> 00:19:58,410 Dismissed. 244 00:20:02,248 --> 00:20:05,292 Matthew, sit down. Please. 245 00:20:10,798 --> 00:20:14,968 - What do you think of Kendrick? - I don't think my opinion of Kendrick- 246 00:20:15,136 --> 00:20:18,305 I think he's pretty much of a weasel myself. 247 00:20:18,472 --> 00:20:20,265 But he's an awfully good officer... 248 00:20:20,433 --> 00:20:24,769 ...and in the end, we see eye to eye on the best way to run a Marine unit. 249 00:20:24,979 --> 00:20:28,315 We're in the business of saving lives, Matthew. 250 00:20:28,482 --> 00:20:32,152 That is a responsibility that we have to take pretty seriously. 251 00:20:32,320 --> 00:20:36,531 And I believe that taking a Marine who is not up to the job... 252 00:20:36,699 --> 00:20:41,161 ...and shipping him off to another assignment puts lives in danger. 253 00:20:41,996 --> 00:20:44,164 Sit down, Matthew. 254 00:20:53,799 --> 00:20:55,926 We go back a while. 255 00:20:56,093 --> 00:20:58,219 We went to the Academy together... 256 00:20:58,387 --> 00:21:01,848 ...were commissioned together, did our tours in Vietnam together. 257 00:21:02,433 --> 00:21:07,979 But I've been promoted with greater speed and success than you. 258 00:21:08,147 --> 00:21:12,150 Now, if that's a source of tension or embarrassment for you... 259 00:21:12,318 --> 00:21:14,194 ... I don't give a shit. 260 00:21:14,362 --> 00:21:19,574 We're in the business of saving lives, Lieutenant Colonel Markinson. 261 00:21:19,742 --> 00:21:23,620 Don't ever question my orders in front of another officer. 262 00:21:43,599 --> 00:21:48,895 All the paperwork's in order. Step over there. 263 00:21:52,775 --> 00:21:56,820 - Hal, is this Washington D.C.? - All right, let's move. 264 00:21:56,988 --> 00:21:58,780 Yes, sir. 265 00:22:05,997 --> 00:22:07,455 Got all of that one. 266 00:22:07,623 --> 00:22:12,210 Excuse me. I wanted to talk to you about Dawson and Downey. 267 00:22:12,378 --> 00:22:16,131 - Say again? - Dawson and Downey. 268 00:22:16,298 --> 00:22:18,174 The names seem familiar, but.... 269 00:22:18,426 --> 00:22:21,052 Dawson. Downey. Your clients? 270 00:22:21,220 --> 00:22:24,431 The Cuba thing! Yes! Oh, Dawson and Downey. Right. 271 00:22:27,268 --> 00:22:29,686 I've done something wrong again, haven't I? 272 00:22:29,854 --> 00:22:34,607 I was wondering why they're locked up while their lawyer's out hitting a ball. 273 00:22:36,777 --> 00:22:39,946 - We need the practise. - That wasn't funny. 274 00:22:40,698 --> 00:22:42,073 It was a little funny. 275 00:22:42,241 --> 00:22:47,495 Lieutenant, would you be very insulted if I recommended different counsel? 276 00:22:47,663 --> 00:22:50,957 - Why? - I don't think you're fit to handle it. 277 00:22:51,584 --> 00:22:57,464 You don't even know me. Ordinarily it takes someone hours to find that out. 278 00:22:59,675 --> 00:23:02,594 Oh, come on. That was damn funny. 279 00:23:05,598 --> 00:23:09,851 You're wrong. I do know you. 280 00:23:10,061 --> 00:23:13,480 Daniel Alistair Kaffee, born June 8th, 1964... 281 00:23:13,647 --> 00:23:15,607 ...at Boston Mercy Hospital. 282 00:23:15,775 --> 00:23:22,322 Your father's Lionel Kaffee, former Attorney General of the U.S., died 1985. 283 00:23:22,573 --> 00:23:25,325 You went to Harvard Law, then joined the Navy... 284 00:23:25,493 --> 00:23:27,994 ... probably because that's what your father wanted. 285 00:23:28,162 --> 00:23:31,790 Now you're just treading water for the three years in the JAG corps... 286 00:23:31,957 --> 00:23:34,959 ...just laying low till you can get out and get a real job. 287 00:23:35,127 --> 00:23:38,588 If that's the situation, that's fine, I won't tell anyone. 288 00:23:38,756 --> 00:23:43,718 But if this case is handled in the same fast-food, slick-assed manner... 289 00:23:43,886 --> 00:23:47,555 ...with which you handle everything else, then something's gonna get missed. 290 00:23:47,723 --> 00:23:52,894 And I wouldn't be doing my job if I let Dawson and Downey to sit in prison... 291 00:23:53,104 --> 00:23:57,524 ... because their attorney predetermined the path of least resistance. 292 00:24:01,403 --> 00:24:04,030 I'm sexually aroused, commander. 293 00:24:04,698 --> 00:24:06,950 I don't think your clients murdered anyone. 294 00:24:07,118 --> 00:24:10,370 - What are you basing this on? - There was no intent. 295 00:24:10,538 --> 00:24:13,248 Doctor's report says Santiago died of asphyxiation... 296 00:24:13,415 --> 00:24:15,083 ...from acute lactic acidosis... 297 00:24:15,251 --> 00:24:18,920 ...and the nature of the acidosis strongly suggests poisoning. 298 00:24:19,088 --> 00:24:21,965 Now, I don't know what that means, but it sounds bad. 299 00:24:22,133 --> 00:24:26,678 Santiago died at 1 a. m. At 3, the doctor didn't know the reason. 300 00:24:26,846 --> 00:24:29,055 Two hours later, he said it was poison. 301 00:24:29,223 --> 00:24:31,558 Oh, now I see what you're saying. 302 00:24:31,725 --> 00:24:35,061 It had to be Professor Plum, in the library, with the candlestick. 303 00:24:35,229 --> 00:24:37,564 I'm gonna talk to your supervisor. 304 00:24:37,731 --> 00:24:42,402 Go straight up Pennsylvania Avenue. It's the big white house with the pillars. 305 00:24:42,987 --> 00:24:45,321 - Thank you. - I don't think you'll have much luck. 306 00:24:45,489 --> 00:24:50,243 I was assigned by Division. Somebody thinks I'm a good lawyer. 307 00:24:50,411 --> 00:24:56,416 So, while I appreciate your interest and enthusiasm, I think I can handle things. 308 00:24:56,584 --> 00:24:58,585 You know what a Code Red is? 309 00:25:02,756 --> 00:25:04,591 What a pity. 310 00:25:15,019 --> 00:25:17,103 - Morning, sir. - Morning. 311 00:25:18,105 --> 00:25:20,315 Officer on deck, ten-hut! 312 00:25:20,482 --> 00:25:22,317 Lance Corporal Harold Dawson, sir! 313 00:25:22,484 --> 00:25:25,069 Rifle Security Company Windward! Second Platoon Bravo! 314 00:25:25,237 --> 00:25:27,697 You haven't been working and playing well with others. 315 00:25:27,865 --> 00:25:29,782 Sir! Yes, sir! 316 00:25:31,577 --> 00:25:35,163 Sir! PFC Louden Downey, sir! 317 00:25:35,331 --> 00:25:39,125 I'm Daniel Kaffee, this is Sam Weinberg. Sit down. 318 00:25:46,508 --> 00:25:49,052 - Is this your signature? - Yes, sir. 319 00:25:49,220 --> 00:25:51,137 Don't have to call me sir. Is this yours? 320 00:25:51,305 --> 00:25:55,475 - Sir, yes, sir! - Certainly don't need to say it twice. 321 00:25:55,643 --> 00:25:58,937 - What's a Code Red? - It's a disciplinary engagement. 322 00:25:59,104 --> 00:26:00,480 What's that mean exactly? 323 00:26:00,648 --> 00:26:04,442 A Marine falls out of line, it's up to his unit to get him on track. 324 00:26:04,735 --> 00:26:07,987 - What's a garden-variety Code Red? - Sir? 325 00:26:08,155 --> 00:26:14,494 Harold, You say "sir" and I look for my father. Danny, Daniel Kaffee. 326 00:26:14,662 --> 00:26:17,789 Garden-variety. Typical. What's a basic Code Red? 327 00:26:17,957 --> 00:26:23,169 A Marine refuses to bathe, the men give him a Gl shower. 328 00:26:23,337 --> 00:26:27,090 - What's that? - Scrub brushes, steel wool. 329 00:26:27,258 --> 00:26:28,508 Beautiful. 330 00:26:28,676 --> 00:26:31,094 Was the attack on Santiago a Code Red? 331 00:26:31,637 --> 00:26:32,845 Yes, sir. 332 00:26:38,269 --> 00:26:41,271 Does he ever talk? 333 00:26:41,438 --> 00:26:46,276 Sir, PFC Downey will answer any direct questions you ask him. 334 00:26:48,153 --> 00:26:51,864 Private Downey, the rag you put in his mouth, was there poison on it? 335 00:26:52,032 --> 00:26:55,243 - No, sir. - Silver polish, turpentine, antifreeze? 336 00:26:55,411 --> 00:26:57,662 No, sir. We were just gonna shave his head. 337 00:26:57,830 --> 00:27:03,835 - When, all of the sudden.... - We saw blood dripping down his mouth. 338 00:27:04,003 --> 00:27:07,380 We pulled the tape off and there was blood all down his face, sir. 339 00:27:07,548 --> 00:27:10,591 That's when Lance Corporal Dawson called the ambulance. 340 00:27:10,801 --> 00:27:15,555 - Did anyone see you call it? - No, sir. 341 00:27:18,225 --> 00:27:22,270 - Were you there when it arrived? - Yes, that's when we were arrested. 342 00:27:22,438 --> 00:27:28,484 On August 2nd, did you fire a shot across the fenceline, into Cuba? 343 00:27:29,278 --> 00:27:30,486 - Yes, sir. - Why? 344 00:27:30,654 --> 00:27:33,364 - My mirror engaged, sir. - His "mirror"? 345 00:27:33,532 --> 00:27:37,285 For every American sentry, there's a Cuban counterpart. Called "mirrors. " 346 00:27:37,453 --> 00:27:40,830 Lance corporal claims his mirror was about to fire at him. 347 00:27:40,998 --> 00:27:46,044 Santiago's letter to the NIS said you fired illegally. 348 00:27:46,211 --> 00:27:51,591 He's saying the guy, the mirror, he never made a move. 349 00:27:55,387 --> 00:28:00,600 Oh, Harold? You see what I'm getting at? 350 00:28:00,768 --> 00:28:04,270 If Santiago didn't have anything on you, why did you give him a Code Red? 351 00:28:04,438 --> 00:28:07,607 - He broke the chain of command, sir. - He what? 352 00:28:07,775 --> 00:28:09,734 He went outside of his unit. 353 00:28:09,902 --> 00:28:14,238 If he had a problem, he should have spoken to me, then his sergeant, then- 354 00:28:14,406 --> 00:28:17,909 All right, all right. Did you assault Santiago with intent to kill? 355 00:28:18,077 --> 00:28:19,619 - No, sir. - What was your intent? 356 00:28:19,787 --> 00:28:22,413 - To train him, sir. - Train him to do what? 357 00:28:22,748 --> 00:28:27,043 To think of his unit before himself. To respect the code. 358 00:28:27,211 --> 00:28:30,963 - What's the code? - Unit, Corps, God, country! 359 00:28:31,298 --> 00:28:37,261 - I beg your pardon? - Unit, Corps, God, country, sir. 360 00:28:53,445 --> 00:28:59,492 The government of the United States wants to charge you two with murder. 361 00:28:59,660 --> 00:29:05,081 And you want me to tell the prosecutor, "unit, Corps, God, country"? 362 00:29:05,249 --> 00:29:07,166 That's our code, sir. 363 00:29:11,171 --> 00:29:13,005 - That's your code. - That's your code. 364 00:29:13,173 --> 00:29:15,716 We'll be back. 365 00:29:15,926 --> 00:29:19,637 You need anything? Books? Papers? Cigarettes? Ham sandwich? 366 00:29:19,805 --> 00:29:21,931 Sir! No, thank you, sir! 367 00:29:22,391 --> 00:29:25,810 Harold, there's a concept you'd better start warming up to. 368 00:29:25,978 --> 00:29:29,814 - Sir? - I'm the only friend you've got. 369 00:29:43,454 --> 00:29:46,205 - Dan Kaffee. - Smiling Jack Ross. 370 00:29:46,373 --> 00:29:48,541 - Welcome to the big time. - You think so? 371 00:29:48,709 --> 00:29:52,462 Let's hope you practise law better than you play softball. 372 00:29:52,629 --> 00:29:55,882 Unfortunately, I don't do anything better than I play softball. 373 00:29:56,049 --> 00:29:58,885 I'm out of here, Jannelle! See you when I get back from Cuba. 374 00:29:59,052 --> 00:30:02,305 - Say hi to Castro for me. - Will do. What're we looking at? 375 00:30:02,473 --> 00:30:05,558 They plead guilty, we drop "conspiracy" and "conduct unbecoming"... 376 00:30:05,726 --> 00:30:07,393 ...20 years, they're home in half. 377 00:30:07,561 --> 00:30:13,566 - Twelve. They called the ambulance. - I don't care. They killed a Marine. 378 00:30:13,734 --> 00:30:17,862 The rag was tested for poison. The autopsy says maybe, maybe not. 379 00:30:18,030 --> 00:30:22,408 The Chief of Internal Medicine at Guantánamo says he's sure. 380 00:30:22,576 --> 00:30:27,622 - What do you know about Code Reds? - Oh, man.... 381 00:30:28,415 --> 00:30:32,251 - Are we off the record? - You tell me. 382 00:30:32,419 --> 00:30:34,253 I'm gonna give you the 12 years. 383 00:30:34,421 --> 00:30:37,256 But before you get into trouble tomorrow, you should know... 384 00:30:37,424 --> 00:30:41,052 ...the platoon commander, Kendrick, held a meeting with the men... 385 00:30:41,220 --> 00:30:45,556 ...and specifically told them not to touch Santiago. 386 00:30:47,726 --> 00:30:50,603 - We still playing hoops tomorrow? - Do we have a deal? 387 00:30:51,605 --> 00:30:53,397 I'll talk to you when I get back. 388 00:30:56,818 --> 00:30:58,110 Hi there. 389 00:30:58,278 --> 00:30:59,987 Any luck getting me replaced? 390 00:31:00,155 --> 00:31:03,449 Is there anyone in this command you don't drink or play softball with? 391 00:31:03,617 --> 00:31:06,452 Listen, I came to make peace. We got off on the wrong foot. 392 00:31:06,620 --> 00:31:09,080 - What do you say, friends? - Look, I don't- 393 00:31:09,248 --> 00:31:12,583 I brought Downey some comic books he was asking for. 394 00:31:12,751 --> 00:31:16,629 The kid, I swear, doesn't even know why he's been arrested. 395 00:31:16,797 --> 00:31:19,799 - Commander- - You can call me JoAnne. Or Jo. 396 00:31:19,967 --> 00:31:21,259 - Jo? - Yes. 397 00:31:21,426 --> 00:31:24,387 Jo, if you speak to a client of mine again without permission... 398 00:31:24,555 --> 00:31:27,139 ... I'll have you disbarred. Friends? 399 00:31:27,307 --> 00:31:30,184 - I had authorization. - From where? 400 00:31:30,352 --> 00:31:35,523 Downey's closest relative, Ginny Miller, his aunt on his mother's side. 401 00:31:35,691 --> 00:31:38,150 You got authorization from Aunt Ginny? 402 00:31:38,318 --> 00:31:42,280 I gave her a call, like you asked. Very nice woman. We spoke for an hour. 403 00:31:42,447 --> 00:31:45,324 You got authorization from Aunt Ginny. 404 00:31:45,492 --> 00:31:47,702 Perfectly within my province. 405 00:31:47,869 --> 00:31:50,580 Does Aunt Ginny have a barn? We could hold the trial there. 406 00:31:50,747 --> 00:31:55,001 I can sew the costumes, Uncle Goober can be the judge. 407 00:31:57,212 --> 00:32:00,506 I'm going to Cuba with you tomorrow. 408 00:32:01,883 --> 00:32:05,344 And the hits just keep on coming. 409 00:32:27,743 --> 00:32:31,203 - How's it going, Luther? - Another day, another dollar. 410 00:32:31,371 --> 00:32:34,373 - Gotta play them as they lay. - What goes around comes around. 411 00:32:34,541 --> 00:32:37,793 - Can't beat them, join them. - At least I got my health. 412 00:32:38,211 --> 00:32:41,631 Well, you got everything. See you tomorrow, Luther. 413 00:32:41,798 --> 00:32:44,717 Not if I see you first. 414 00:32:46,053 --> 00:32:50,348 You're my witness. The baby spoke. My daughter said a word. 415 00:32:50,515 --> 00:32:52,892 She made a sound. I'm not sure it was a word. 416 00:32:53,060 --> 00:32:57,438 - Come on! It was definitely a word. - Okay. 417 00:32:57,648 --> 00:33:02,735 You heard her. She pointed and said "Pa. " She did. 418 00:33:02,903 --> 00:33:05,613 - She was pointing at a mailbox. - That's right. 419 00:33:05,781 --> 00:33:09,450 Pointing as if to say, "Pa! Look, a mailbox. " 420 00:33:16,416 --> 00:33:20,836 - Jack Ross offered me the 12 years. - That's what you wanted, right? 421 00:33:21,004 --> 00:33:23,255 I know, and I'll.... 422 00:33:23,423 --> 00:33:30,554 - I mean, I guess I'll take it. - So..? 423 00:33:30,722 --> 00:33:33,766 It took about 45 seconds. He barely put up a fight. 424 00:33:33,934 --> 00:33:37,770 Danny, take the 12 years, it's a gift. 425 00:33:37,938 --> 00:33:39,772 You don't believe their story, do you? 426 00:33:39,940 --> 00:33:42,108 You think they ought to go to jail for life. 427 00:33:42,275 --> 00:33:44,151 I believe every word of their story... 428 00:33:44,319 --> 00:33:48,197 ...and I think they ought to go to jail for life. 429 00:33:52,619 --> 00:33:54,787 - See you tomorrow. - Okay. 430 00:33:54,955 --> 00:33:57,456 Don't forget to wear the whites. Very hot. 431 00:33:57,624 --> 00:33:59,083 I don't like the whites. 432 00:33:59,292 --> 00:34:02,837 Nobody does, but we're going to Cuba. You got Dramamine? 433 00:34:03,004 --> 00:34:07,967 - Dramamine keeps you cool? - No, it keeps you from getting airsick. 434 00:34:08,135 --> 00:34:13,055 I get airsick because I'm afraid of crashing. Dramamine won't help. 435 00:34:14,099 --> 00:34:16,475 I got some oregano, I hear that works pretty good. 436 00:34:20,021 --> 00:34:24,191 Ross said the strangest thing to me right before I left. 437 00:34:24,359 --> 00:34:26,318 He said Lieutenant Kendrick... 438 00:34:26,486 --> 00:34:30,322 ... had told the men specifically not to touch Santiago. 439 00:34:30,741 --> 00:34:36,412 - So? - I don't even know who Kendrick is. 440 00:34:39,458 --> 00:34:43,169 What the hell. I'll see you tomorrow. 441 00:35:19,206 --> 00:35:25,920 I'm Corporal Barnes, I'm to escort you to the Windward side of the base. 442 00:35:26,087 --> 00:35:29,548 I got some camouflage jackets, I suggest you both put them on. 443 00:35:29,716 --> 00:35:31,050 Camouflage jackets? 444 00:35:31,218 --> 00:35:34,386 Yes, sir. We'll be riding pretty close to the fenceline. 445 00:35:34,554 --> 00:35:40,559 If the Cubans see an officer in white, they might take a shot. 446 00:35:40,727 --> 00:35:43,354 Good call, Sam. 447 00:35:48,026 --> 00:35:50,569 We'll just hop on the ferry. We'll be there in no time. 448 00:35:50,737 --> 00:35:54,865 - Hold it. We gotta take a boat? - Yes, sir, to get across the bay. 449 00:35:55,033 --> 00:35:57,993 - No one said anything about a boat. - Is there a problem, sir? 450 00:35:58,161 --> 00:36:01,914 No, no problem, I'm just not that crazy about boats. 451 00:36:02,082 --> 00:36:06,210 Jesus Christ, Kaffee, you're in the Navy, for crying out loud! 452 00:36:06,378 --> 00:36:09,588 - Nobody likes her very much. - Yes, sir. 453 00:36:22,936 --> 00:36:26,730 - Nathan Jessep. Come on in. - Thank you, sir. 454 00:36:26,898 --> 00:36:29,900 Daniel Kaffee, I'm the attorney for Dawson and Downey. 455 00:36:30,068 --> 00:36:32,111 This is Lt. Commander JoAnne Galloway. 456 00:36:32,279 --> 00:36:33,445 Pleasure meeting you. 457 00:36:33,613 --> 00:36:37,992 Observing and evaluating. Lieutenant Weinberg, my assistant. 458 00:36:38,159 --> 00:36:41,954 This is XO, Colonel Markinson, and Platoon Leader Lt. Kendrick. 459 00:36:42,122 --> 00:36:44,623 I've asked them to join us. Sit down, please. 460 00:36:44,791 --> 00:36:47,334 - Lieutenant Kaffee. - Colonel Markinson. 461 00:36:47,502 --> 00:36:49,670 I had the pleasure of meeting your father once. 462 00:36:49,838 --> 00:36:51,881 I was a teenager. He spoke at my high school. 463 00:36:52,799 --> 00:36:55,342 - Lionel Kaffee? - Yes, sir. 464 00:36:55,510 --> 00:36:56,886 Well, what do you know? 465 00:36:57,345 --> 00:37:01,557 Jon, this man's dad once made a lot of enemies in your neck of the woods. 466 00:37:01,725 --> 00:37:05,436 Jefferson v. Madison County School District. 467 00:37:05,604 --> 00:37:09,815 Folks down there said a little black girl couldn't go to an all-white school. 468 00:37:09,983 --> 00:37:13,819 Lionel Kaffee said, "We'll just see about that. " 469 00:37:14,321 --> 00:37:18,908 - How the hell is your dad, Danny? - He passed away seven years ago. 470 00:37:20,952 --> 00:37:24,914 - Don't I feel like the fucking asshole. - Not at all, sir. 471 00:37:26,291 --> 00:37:31,795 - What can we do for you, Danny? - Not much, sir. 472 00:37:31,963 --> 00:37:36,508 This is really a formality more than anything else. 473 00:37:36,676 --> 00:37:39,470 JAG Corps insist we interview all the relevant witnesses. 474 00:37:39,638 --> 00:37:42,681 The JAG Corps can be demanding that way. 475 00:37:43,475 --> 00:37:48,187 Jon'll show you what you want to see. After that, we can meet for lunch. 476 00:37:48,355 --> 00:37:50,564 - How does that sound? - Fine, sir. 477 00:37:59,991 --> 00:38:04,703 You met with the men that afternoon. What did you guys talk about? 478 00:38:04,871 --> 00:38:06,956 I told them we had an informer among us... 479 00:38:07,123 --> 00:38:10,084 ...and that, despite any desire they had for retribution... 480 00:38:10,251 --> 00:38:13,879 ... Private Santiago was not to be harmed in any way. 481 00:38:14,047 --> 00:38:17,675 - What time was that meeting? -1600. 482 00:38:17,842 --> 00:38:19,551 That's 4:00. 483 00:39:11,438 --> 00:39:14,106 We should make sure somebody gets this to his parents. 484 00:39:14,274 --> 00:39:17,109 - We don't need it anymore. - Right. 485 00:39:18,611 --> 00:39:22,781 - Lt. Kendrick, may I call you Jon? - No, you may not. 486 00:39:22,949 --> 00:39:27,202 - Have I done something to offend you? - No, I like all you Navy boys. 487 00:39:27,370 --> 00:39:31,290 Every time we gotta go fight, you fellas always give us a ride. 488 00:39:32,876 --> 00:39:36,086 Lieutenant Kendrick, do you think Santiago was murdered? 489 00:39:36,254 --> 00:39:41,300 I believe in God and Jesus Christ. Because I do, I can say this: 490 00:39:41,468 --> 00:39:44,970 Private Santiago is dead, and that is a tragedy. 491 00:39:45,138 --> 00:39:51,602 But he is dead because he had no code, and no honour. And God was watching. 492 00:39:54,272 --> 00:39:58,150 - How do you feel about that theory? - Sounds good. Let's move on. 493 00:39:58,318 --> 00:40:03,864 Are you planning on investigating, or you just gonna take the guided tour? 494 00:40:04,074 --> 00:40:06,658 I'm pacing myself. 495 00:40:06,951 --> 00:40:12,331 They were running around for hours looking for anything white to wave. 496 00:40:12,499 --> 00:40:16,835 Some of these people surrendered to a crew from CNN. 497 00:40:17,003 --> 00:40:23,550 Walk softly and carry an armoured tank division, I always say. 498 00:40:23,718 --> 00:40:26,637 - That was delicious. Thank you. - My pleasure, sir. 499 00:40:26,805 --> 00:40:31,517 Colonel, I do have to ask you a couple questions about September 6th. 500 00:40:31,684 --> 00:40:33,185 Shoot. 501 00:40:33,353 --> 00:40:39,983 An NIS agent told you that Santiago tipped him off to a fenceline shooting. 502 00:40:40,151 --> 00:40:43,195 Santiago was gonna reveal who did it in exchange for a transfer. 503 00:40:43,363 --> 00:40:45,531 Yes. 504 00:40:47,826 --> 00:40:53,705 If you feel there are any details that I'm missing, feel free to speak up. 505 00:40:56,376 --> 00:40:58,043 Thank you. 506 00:41:01,548 --> 00:41:03,924 You called Lt. Colonel Markinson... 507 00:41:04,092 --> 00:41:07,010 ...and Lt. Kendrick into your office. Is that right? 508 00:41:07,178 --> 00:41:09,513 - Yes. - And what happened then? 509 00:41:09,681 --> 00:41:15,394 We agreed that, for his own safety, Santiago should be transferred. 510 00:41:16,062 --> 00:41:19,523 Santiago was set to be transferred? 511 00:41:19,691 --> 00:41:24,361 On the first flight to the States. 0600 the next morning. 512 00:41:24,946 --> 00:41:28,532 Five hours too late, as it turned out. 513 00:41:29,868 --> 00:41:35,247 Yeah. All right, that's all. Thanks very much for your time. 514 00:41:35,415 --> 00:41:38,542 The corporal's waiting outside with a jeep. He'll take you back. 515 00:41:38,710 --> 00:41:41,503 - Wait, I've got some questions. - No, you don't. 516 00:41:41,671 --> 00:41:43,797 - Yes, I do. - No, you don't. 517 00:41:43,965 --> 00:41:49,094 On the morning Santiago died, did you meet with Dr. Stone? 518 00:41:49,262 --> 00:41:55,767 - Of course. One of my men was dead. - You see? The man was dead. Let's go. 519 00:41:55,935 --> 00:42:02,566 - Have you heard the term Code Red? - I've heard the term, yes. 520 00:42:02,775 --> 00:42:05,485 This past February, you received a memo... 521 00:42:05,653 --> 00:42:08,197 ...from the Atlantic Fleet commander... 522 00:42:08,364 --> 00:42:13,243 ...warning that enlisted men disciplining their own wasn't to be condoned. 523 00:42:13,411 --> 00:42:16,163 I submit to you that whoever wrote that memo... 524 00:42:16,331 --> 00:42:22,127 ... has never faced the working end of a Cuban AK-47 assault rifle. 525 00:42:22,295 --> 00:42:25,797 However, the directive, having come from the commander... 526 00:42:25,965 --> 00:42:27,758 ... I gave it its due attention. 527 00:42:27,926 --> 00:42:29,259 What is your point, Jo? 528 00:42:29,427 --> 00:42:34,097 She has no point, it's part of her charm. We're out of here. Thank you. 529 00:42:34,265 --> 00:42:39,811 My point is that I think Code Reds still go on. Do they? 530 00:42:39,979 --> 00:42:42,314 - He doesn't need to answer that. - Yes, he does. 531 00:42:42,523 --> 00:42:46,026 - No, he really doesn't. - Yeah, he really does. 532 00:42:47,779 --> 00:42:48,987 Colonel? 533 00:42:50,615 --> 00:42:53,742 You know, it just hit me. 534 00:42:53,910 --> 00:42:57,704 - She outranks you, Danny. - Yes, sir. 535 00:42:57,872 --> 00:43:01,250 I want to tell you something. And listen up, because I mean this. 536 00:43:01,417 --> 00:43:04,336 You're the luckiest man in the world. 537 00:43:04,504 --> 00:43:08,340 There is nothing on this earth sexier- Believe me, gentlemen. 538 00:43:08,508 --> 00:43:11,510 - than a woman you have to salute in the morning. 539 00:43:12,178 --> 00:43:15,472 Promote them all, I say, because this is true. 540 00:43:15,640 --> 00:43:20,143 If you haven't gotten a blowjob from a superior officer, well... 541 00:43:20,311 --> 00:43:23,188 ...you're just letting the best in life pass you by. 542 00:43:24,440 --> 00:43:28,068 The practise of Code Reds is still condoned on this base, isn't it? 543 00:43:28,278 --> 00:43:31,488 My problem is I'm a colonel, so I'll just have to take cold showers... 544 00:43:31,656 --> 00:43:34,199 ... until they elect some gal president. 545 00:43:34,909 --> 00:43:36,702 I need an answer to my question, sir. 546 00:43:36,869 --> 00:43:40,372 Take caution in your tone, commander. 547 00:43:40,540 --> 00:43:46,670 I'm a fair guy, but this fucking heat is making me absolutely crazy. 548 00:43:47,547 --> 00:43:49,298 You wanna ask me about Code Reds? 549 00:43:49,465 --> 00:43:52,050 On the record, I discourage the practise... 550 00:43:52,218 --> 00:43:54,219 ... in accordance with the directive. 551 00:43:54,387 --> 00:43:59,433 Off the record, I tell you it is an invaluable part of infantry training. 552 00:43:59,600 --> 00:44:06,398 If it goes on without my knowledge, so be it. That's how I run my unit. 553 00:44:06,566 --> 00:44:11,069 You want to investigate me, roll the dice and take your chances. 554 00:44:11,237 --> 00:44:15,615 I eat breakfast 300 yards from 4000 Cubans who are trained to kill me. 555 00:44:15,783 --> 00:44:20,746 So don't think for one second that you can come down here, flash a badge... 556 00:44:20,913 --> 00:44:23,290 ...and make me nervous. 557 00:44:27,920 --> 00:44:29,629 Let's go. 558 00:44:32,050 --> 00:44:35,510 Colonel, I'll just need a copy of Santiago's transfer order. 559 00:44:35,928 --> 00:44:37,179 What's that? 560 00:44:37,347 --> 00:44:40,599 Santiago's transfer order. You guys have paperwork on it. 561 00:44:40,767 --> 00:44:42,392 I just need it for the file. 562 00:44:42,560 --> 00:44:45,437 - For the file? - Yeah. 563 00:44:47,565 --> 00:44:51,943 Of course you can have a copy of the transfer order for the file. 564 00:44:52,111 --> 00:44:55,280 - I'm here to help in any way I can. - Thank you. 565 00:44:55,448 --> 00:44:59,368 You believe that, don't you, Danny? That I'm here to help you any way I can? 566 00:45:00,370 --> 00:45:01,703 Of course. 567 00:45:02,455 --> 00:45:07,125 The corporal will take you by Personnel on your way to the flight line... 568 00:45:07,293 --> 00:45:10,212 ...and you can have all the transfer orders that you want. 569 00:45:12,465 --> 00:45:14,466 But you have to ask me nicely. 570 00:45:16,803 --> 00:45:21,473 - I beg your pardon? - You have to ask me nicely. 571 00:45:21,641 --> 00:45:24,976 See, I can deal with the bullets, the bombs and the blood. 572 00:45:25,144 --> 00:45:27,979 I don't want money and I don't want medals. 573 00:45:28,147 --> 00:45:32,609 What I do want is for you to stand there, in that faggoty white uniform... 574 00:45:32,777 --> 00:45:37,280 ...and with your Harvard mouth, extend me some fucking courtesy. 575 00:45:40,159 --> 00:45:42,494 You got to ask me nicely. 576 00:45:46,207 --> 00:45:48,834 Colonel Jessep, if it's not too much trouble... 577 00:45:49,001 --> 00:45:52,671 ... I'd like a copy of the transfer order. Sir. 578 00:45:55,800 --> 00:45:57,759 No problem. 579 00:46:40,344 --> 00:46:42,053 - Who is it? - It's me. 580 00:46:42,221 --> 00:46:44,097 Jo. 581 00:46:45,057 --> 00:46:49,060 I've really missed you. I was just saying, it's been three hours- 582 00:46:49,228 --> 00:46:51,813 - Markinson's disappeared. - What? 583 00:46:51,981 --> 00:46:55,192 Colonel Markinson's gone U.A. Unauthorized Absence. 584 00:46:55,359 --> 00:46:59,488 - I know what it means. When? - This afternoon, after we left. 585 00:46:59,655 --> 00:47:02,365 - I'll try to find him in the morning. - I've already tried. 586 00:47:02,533 --> 00:47:03,909 You tried? 587 00:47:05,244 --> 00:47:10,916 You're coming close to interfering with a government investigation. 588 00:47:11,083 --> 00:47:17,422 I'm Louden Downey's attorney. Aunt Ginny feels like she knows me. 589 00:47:17,590 --> 00:47:22,010 So I suggested that I get more directly involved with the case. 590 00:47:22,178 --> 00:47:25,722 She had Louden sign the papers about an hour ago. 591 00:47:25,890 --> 00:47:30,060 I suppose it's too much to hope that you're making this up just to bother me. 592 00:47:30,228 --> 00:47:35,232 - Don't worry, you're still lead counsel. - Splendid. 593 00:47:35,399 --> 00:47:38,109 I think Kendrick ordered the Code Red, and so do you. 594 00:47:40,029 --> 00:47:41,905 Let's go. 595 00:47:45,785 --> 00:47:47,661 Officer on deck, ten-hut! 596 00:47:47,828 --> 00:47:49,704 - Did Kendrick order the Code Red? - Sir? 597 00:47:49,872 --> 00:47:53,416 Don't say "sir" like I just asked you if you cleaned the latrine. 598 00:47:53,584 --> 00:47:57,754 Did Lieutenant Kendrick order you to give Santiago a Code Red? 599 00:47:59,090 --> 00:48:01,633 Yes, sir. 600 00:48:01,801 --> 00:48:04,511 - Did he? - Yes, sir. 601 00:48:08,975 --> 00:48:13,478 - Why didn't you mention this before? - You didn't ask us, sir. 602 00:48:13,813 --> 00:48:18,483 Corporal, I get paid no matter how much time you spend in jail. 603 00:48:18,651 --> 00:48:20,610 Yes, sir. I know you do, sir. 604 00:48:20,778 --> 00:48:22,821 - Fuck you, Harold! - All right. 605 00:48:23,990 --> 00:48:28,493 - At ease. Let's sort this thing out. - Shit. 606 00:48:28,661 --> 00:48:31,955 There was a platoon meeting on September 6th at 4 p. m. 607 00:48:32,123 --> 00:48:36,459 Lieutenant Kendrick says he told you nothing was to happen to Santiago. 608 00:48:37,086 --> 00:48:42,299 Now, is this true? I want you to speak freely. 609 00:48:45,219 --> 00:48:49,514 Ma'am, that's correct. But then he dismissed the platoon. 610 00:48:49,682 --> 00:48:53,602 - And what happened then? - Lt. Kendrick came to our room. 611 00:48:53,769 --> 00:48:55,478 When? 612 00:48:56,355 --> 00:49:00,483 About five minutes after the meeting broke. About 1620. 613 00:49:00,651 --> 00:49:03,153 And what happened then? 614 00:49:03,321 --> 00:49:07,532 Lt. Kendrick ordered us to give Santiago a Code Red. 615 00:49:09,201 --> 00:49:13,622 Jack! Jack! They were given an order. 616 00:49:16,876 --> 00:49:22,047 - Jack, come on. - I'll be right back. Be right back. 617 00:49:22,214 --> 00:49:23,882 How long did you know about the order? 618 00:49:24,050 --> 00:49:25,717 I didn't. Who's this? 619 00:49:25,885 --> 00:49:29,262 It's Jo Galloway, Downey's lawyer. She's very pleased to meet you. 620 00:49:29,430 --> 00:49:32,557 - What are you accusing me of? - How long have you known? 621 00:49:32,725 --> 00:49:37,395 He didn't know. If he did and didn't tell us, he'd be violating the code of ethics. 622 00:49:37,563 --> 00:49:41,024 He's got enough to worry about. God forbid our clients plead not guilty... 623 00:49:41,192 --> 00:49:43,360 ...and testify for the record they were ordered. 624 00:49:43,527 --> 00:49:46,655 Kendrick told those men not to touch Santiago. 625 00:49:46,822 --> 00:49:50,909 And then he told Dawson and Downey to give him a Code Red. Kendrick's lying. 626 00:49:51,077 --> 00:49:52,869 - You have proof? - I have the defendants. 627 00:49:53,037 --> 00:49:57,415 And I have 23 Marines and a lieutenant with four letters of commendation. 628 00:49:57,583 --> 00:49:59,876 - Why did Markinson go U.A.? - We'll never know. 629 00:50:00,044 --> 00:50:02,754 - I can't subpoena Markinson? - You won't find him. 630 00:50:03,089 --> 00:50:08,301 You know what Markinson did for 17 years? Counterintelligence. 631 00:50:08,469 --> 00:50:11,262 Markinson's gone. There is no Markinson. 632 00:50:12,932 --> 00:50:17,435 Look, Danny, Jessep's star is on the rise. 633 00:50:17,603 --> 00:50:21,398 Division will give me room to spare him and the Corps any embarrassment. 634 00:50:21,565 --> 00:50:22,774 How much room? 635 00:50:24,068 --> 00:50:27,529 I'll knock it down to involuntary manslaughter. Two years. 636 00:50:27,697 --> 00:50:28,947 No, we're going to court. 637 00:50:29,115 --> 00:50:30,949 - No, you're not. - Why not? 638 00:50:31,117 --> 00:50:34,035 Because you'll lose, and Danny knows it. 639 00:50:34,203 --> 00:50:37,122 And he knows if we go to court, I'll have to go all the way. 640 00:50:37,289 --> 00:50:39,541 They'll be charged with the whole truckload. 641 00:50:39,709 --> 00:50:42,210 Murder, conspiracy, conduct unbecoming. 642 00:50:42,378 --> 00:50:47,132 Danny's got me by the balls here, but not in the courtroom. 643 00:50:47,299 --> 00:50:49,092 Danny's an awfully talented lawyer. 644 00:50:49,260 --> 00:50:54,139 He won't see his clients go jail for life if they could be home in six months. 645 00:50:54,807 --> 00:51:00,061 That's the end of this negotiation. I'll see you at the arraignment. 646 00:51:03,482 --> 00:51:06,109 All right, here's the story. 647 00:51:06,277 --> 00:51:11,156 The government's offering involuntary manslaughter. Two years. 648 00:51:11,323 --> 00:51:13,241 You'll be home in six months. 649 00:51:15,995 --> 00:51:22,542 "Wow! You're the greatest lawyer in the world! How can we thank you?" 650 00:51:22,752 --> 00:51:28,631 Fellas, you hear what I just said? You'll be home in six months. 651 00:51:28,799 --> 00:51:30,884 I'm afraid we can't do that, sir. 652 00:51:31,260 --> 00:51:32,302 Do what? 653 00:51:32,511 --> 00:51:35,847 - Make a deal, sir. - What are you talking about? 654 00:51:36,015 --> 00:51:38,808 We did nothing wrong. We did our job. 655 00:51:38,976 --> 00:51:42,228 If that has consequences, I'll accept them. 656 00:51:42,396 --> 00:51:44,481 But I won't say that I'm guilty, sir. 657 00:51:46,066 --> 00:51:49,360 - Did she put you up to this? - No. 658 00:51:49,528 --> 00:51:51,112 We have a code, sir. 659 00:51:51,280 --> 00:51:56,367 You and your code plead not guilty. You'll be in jail for life. 660 00:51:56,535 --> 00:52:00,497 Do what I say, and you'll be home in six months. 661 00:52:01,332 --> 00:52:06,002 Do it, Harold. Six months, it's nothing. It's a hockey season. 662 00:52:08,422 --> 00:52:12,217 - Permission to- - Speak! Jesus! 663 00:52:14,804 --> 00:52:17,222 - What do we do then, sir? - When? 664 00:52:17,389 --> 00:52:20,725 After six months we'll be dishonourably discharged, right, sir? 665 00:52:20,893 --> 00:52:25,396 - Probably. - What do we do then, sir? 666 00:52:28,108 --> 00:52:33,905 We joined the Marines because we wanted to live by a certain code. 667 00:52:34,073 --> 00:52:39,410 You're asking us to say we have no honour, that we're not Marines! 668 00:52:39,578 --> 00:52:43,873 If a court decides what we did was wrong, I'll accept my punishment. 669 00:52:44,041 --> 00:52:49,754 But I believe I was right. I did my job. I will not dishonour myself, my unit... 670 00:52:49,922 --> 00:52:55,051 ...or the Corps, so that I can go home in six months! 671 00:52:55,219 --> 00:52:57,053 Sir! 672 00:53:03,853 --> 00:53:08,439 I'd like to talk to Lance Corporal Dawson alone for a minute, please. 673 00:53:10,109 --> 00:53:11,442 Sergeant! 674 00:53:14,780 --> 00:53:19,158 - We'd like to go to another room. - Sit down. 675 00:53:30,880 --> 00:53:32,881 You don't like me very much, do you? 676 00:53:34,383 --> 00:53:38,595 Forget it, don't answer that. It doesn't matter. 677 00:53:43,809 --> 00:53:48,897 You know, Downey worships you. 678 00:53:51,150 --> 00:53:53,568 He's gonna do whatever you do. 679 00:53:54,653 --> 00:53:59,490 Are you really gonna let this happen to him because of a code, Harold? 680 00:53:59,658 --> 00:54:01,826 - Do you think we were right? - Doesn't matter- 681 00:54:01,994 --> 00:54:03,411 Do you think we were right?! 682 00:54:04,246 --> 00:54:05,997 I think you'd lose. 683 00:54:08,125 --> 00:54:09,709 You're such a coward. 684 00:54:09,877 --> 00:54:12,503 I can't believe they let you wear a uniform. 685 00:54:15,007 --> 00:54:17,759 I'm not gonna feel responsible for this. I did all I could. 686 00:54:17,927 --> 00:54:21,346 You're going to Leavenworth for the better part of your life... 687 00:54:21,513 --> 00:54:24,140 ...and I don't give a shit. 688 00:54:24,308 --> 00:54:28,186 What happened to saluting an officer when he leaves the room? 689 00:54:36,236 --> 00:54:37,362 Open it up. 690 00:54:40,699 --> 00:54:45,203 I don't believe it! He's gonna go to jail to spite me! 691 00:54:45,371 --> 00:54:47,538 If he wants to jump off a cliff, that's his business. 692 00:54:47,706 --> 00:54:49,374 I'm not gonna hold his hand. 693 00:54:49,541 --> 00:54:53,920 - How do I get him a new lawyer? - Make a motion at the arraignment. 694 00:54:54,088 --> 00:54:58,383 Just tell the judge you want new counsel assigned. 695 00:55:00,052 --> 00:55:01,386 That's that. 696 00:55:02,096 --> 00:55:04,722 One thing, though. When you ask the judge... 697 00:55:04,890 --> 00:55:06,724 ... be sure and ask nicely. 698 00:55:07,601 --> 00:55:13,564 - What do you want from me? - I want you to make an argument. 699 00:55:13,732 --> 00:55:18,528 That didn't help Calley at My Lai, or the Nazis at Nuremburg. 700 00:55:18,696 --> 00:55:21,906 For chrissakes, Sam. Do you think that's the same... 701 00:55:22,074 --> 00:55:25,451 ...as two teenagers executing an order they didn't think would harm? 702 00:55:25,619 --> 00:55:27,495 These guys aren't Nazis. 703 00:55:27,663 --> 00:55:30,581 Don't look now, but you're making an argument. 704 00:55:32,251 --> 00:55:35,878 Yeah, yeah. Tomorrow morning, I get them a new attorney. 705 00:55:36,046 --> 00:55:40,341 Why are you so afraid to be a lawyer? You Daddy's expectations that high? 706 00:55:40,509 --> 00:55:43,761 Please, spare me the psychobabble father bullshit! 707 00:55:43,929 --> 00:55:47,432 They'll have their day in court, but with another lawyer. 708 00:55:47,599 --> 00:55:52,061 Another lawyer won't be good enough. They need you. You know how to win. 709 00:55:52,229 --> 00:55:56,607 You know they have a case. You walk away from this, you seal their fate. 710 00:55:56,775 --> 00:56:00,069 Their fate was sealed the moment Santiago died. 711 00:56:00,237 --> 00:56:01,904 Do you believe they have a case? 712 00:56:02,072 --> 00:56:04,949 You and Dawson, you both live in the same dream world. 713 00:56:05,117 --> 00:56:09,162 It doesn't matter what I believe, it only matters what I can prove. 714 00:56:09,329 --> 00:56:13,958 So don't tell me what I know and don't know. I know the law! 715 00:56:19,131 --> 00:56:23,176 You know nothing about the law. You're a used-car salesman. 716 00:56:23,343 --> 00:56:29,557 An ambulance-chaser with a rank. You're nothing. Live with that. 717 00:56:35,689 --> 00:56:37,315 So I told Duncan: 718 00:56:37,483 --> 00:56:41,486 "If you wanna take this to court, you'll force me to file discovery motions... 719 00:56:41,653 --> 00:56:45,156 ...and you're gonna spend a year going blind on paperwork... 720 00:56:45,324 --> 00:56:48,493 ... because a 90-year-old man misread the Delaware insurance code. " 721 00:56:48,660 --> 00:56:53,956 - So, what happened? - Fifteen minutes later, he makes a deal. 722 00:57:40,129 --> 00:57:42,338 All rise. 723 00:57:49,096 --> 00:57:55,351 - Where are we? - Docket number 411275 VR-5. 724 00:57:55,519 --> 00:57:58,104 The United States v. Lance Corporal Harold Dawson... 725 00:57:58,272 --> 00:58:00,481 ...and Private First Class Louden Downey. 726 00:58:00,649 --> 00:58:03,901 The accused are charged with murder, conspiracy to commit murder... 727 00:58:04,069 --> 00:58:06,320 ...and conduct unbecoming a United States Marine. 728 00:58:06,488 --> 00:58:08,531 Does the defence wish to enter a plea? 729 00:58:10,284 --> 00:58:11,742 Yeah. 730 00:58:15,497 --> 00:58:16,831 They're not guilty. 731 00:58:20,085 --> 00:58:22,670 Enter a plea of "not guilty" for the accused. 732 00:58:22,838 --> 00:58:29,594 We will adjourn until 1000, three weeks from today, when we will reconvene. 733 00:58:45,777 --> 00:58:49,071 Why does a lieutenant with nine months' experience... 734 00:58:49,239 --> 00:58:53,492 ...and a record for plea-bargaining get assigned a murder case? 735 00:58:55,537 --> 00:58:59,790 Would it be so that it never sees the inside of a courtroom? 736 00:59:01,043 --> 00:59:07,548 We'll work out of my apartment. Jo, bring legal pads and pens. 737 00:59:07,716 --> 00:59:11,093 Sam, get a couple desk lamps. I need you to start a medical profile. 738 00:59:11,261 --> 00:59:15,139 Jo, get Dawson's, Downey's and Santiago's conduct reports. 739 00:59:15,307 --> 00:59:19,602 I've only got Yoo-hoo and Cocoa Puffs, so if you want anything else, bring it. 740 00:59:19,770 --> 00:59:21,896 - Okay? - Yeah. 741 00:59:28,070 --> 00:59:31,239 So this is what a courtroom looks like. 742 00:59:40,874 --> 00:59:45,169 - Did you speak to your friend at the NIS? - Yeah. 743 00:59:45,337 --> 00:59:49,674 She said if Markinson doesn't want to be found, we won't find him. 744 00:59:49,841 --> 00:59:54,387 She said I could be Markinson, and you wouldn't know it. 745 00:59:54,554 --> 00:59:58,599 - Are you Markinson? - No. 746 00:59:58,809 --> 01:00:03,854 I'm not Markinson. That's two down. 747 01:00:05,774 --> 01:00:07,775 What? 748 01:00:08,443 --> 01:00:11,946 I'm just wondering, now that JoAnne's on this.... 749 01:00:12,447 --> 01:00:14,824 I'm just wondering if you still need me. 750 01:00:14,992 --> 01:00:17,535 - They were following orders, Sam. - An illegal order. 751 01:00:17,703 --> 01:00:19,996 You think Dawson and Downey knew it was illegal? 752 01:00:20,247 --> 01:00:22,832 It doesn't matter. Any decent human would have- 753 01:00:23,000 --> 01:00:25,710 They're not permitted to question orders. 754 01:00:25,877 --> 01:00:30,506 Then what's the secret? I give orders every day, nobody obeys! 755 01:00:30,674 --> 01:00:32,383 We have softball and marching bands. 756 01:00:32,551 --> 01:00:36,804 They work at a place where you have to wear camouflage or you might get shot. 757 01:00:44,521 --> 01:00:48,774 I need you. You're better at research than I am. 758 01:00:48,942 --> 01:00:51,569 And you know how to prepare a witness. 759 01:00:56,992 --> 01:01:01,746 I've got medical reports and Chinese food. I say we eat first. 760 01:01:07,711 --> 01:01:09,712 What? 761 01:01:10,881 --> 01:01:13,716 Did you get any kung pao chicken? 762 01:01:16,345 --> 01:01:19,430 This is our defence. Intent. No one can prove there was poison. 763 01:01:19,598 --> 01:01:22,725 Code Red. They're common and accepted in Guantánamo Bay. 764 01:01:22,893 --> 01:01:28,356 The order. A, Kendrick gave it, B, they had no choice but to follow. 765 01:01:28,523 --> 01:01:30,900 - What about motive? - We're weak. They had one. 766 01:01:31,068 --> 01:01:33,110 That doesn't make them guilty. 767 01:01:33,278 --> 01:01:36,781 Relax. We'll deal with that later. For now, we start with intent. 768 01:01:36,948 --> 01:01:41,911 We must show that Santiago could have died from something other than poison. 769 01:01:42,079 --> 01:01:46,457 Jo, find out all about lactic acidosis. 770 01:01:46,625 --> 01:01:49,168 This is Lt. Commander Galloway with the JAG Corps. 771 01:01:49,336 --> 01:01:53,130 I've been trying to track down a Lt. Colonel Matthew Markinson.... 772 01:01:53,298 --> 01:01:55,424 Doctor, was there any sign of external damage? 773 01:01:55,592 --> 01:01:58,427 No scrapes? No cuts? 774 01:01:58,637 --> 01:02:02,640 Bruises? Broken bones? Was there any sign of violence? 775 01:02:02,808 --> 01:02:07,478 - Other than the dead body? - Shit. I walk into that every time. 776 01:02:07,646 --> 01:02:12,191 He ordered me and Dawson to give Willy a Code Red. 777 01:02:12,359 --> 01:02:13,984 Answers still have to come faster. 778 01:02:14,152 --> 01:02:16,153 This farm boy thing will play for a while... 779 01:02:16,321 --> 01:02:18,906 ... but in the end, it sounds like he's searching for it. 780 01:02:19,074 --> 01:02:25,496 Right. And Willy is Private Santiago. Willy is someone with a mother. 781 01:02:26,498 --> 01:02:30,126 They drew court members. Seven men, two women. 782 01:02:30,293 --> 01:02:32,253 All experienced officers. 783 01:02:32,421 --> 01:02:35,339 The women have no children. That's a bad break. 784 01:02:35,507 --> 01:02:39,552 My father said a jury trial is about assigning blame. 785 01:02:39,719 --> 01:02:44,223 Santiago's dead and he shouldn't be. They want to know who's to blame. 786 01:02:44,391 --> 01:02:46,809 Ross hands them our clients, we hand them Kendrick. 787 01:02:46,977 --> 01:02:52,565 This won't be won by the law, but by the lawyers. So, poker faces. 788 01:02:52,732 --> 01:02:57,945 Don't flinch. If something goes wrong, don't hang your head or scribble. 789 01:02:58,113 --> 01:03:01,782 Whatever happens, you have to look like you expected it. 790 01:03:01,950 --> 01:03:06,745 - You pass me documents- - "Swiftly, and don't look overanxious. " 791 01:03:06,913 --> 01:03:09,623 Don't wear that perfume in court, wrecks my concentration. 792 01:03:09,791 --> 01:03:13,419 - Really? - I was talking to Sam. 793 01:03:15,046 --> 01:03:19,633 - What time is it? - It's time to go home. Try to sleep. 794 01:03:19,801 --> 01:03:22,219 - Give me a ride? - Sure. 795 01:03:25,432 --> 01:03:31,228 - You're a good man, Charlie Brown. - I'll see you in court, counsellor. 796 01:03:36,443 --> 01:03:39,904 - Danny, I- - I know. We've had our differences. 797 01:03:40,071 --> 01:03:44,783 We both said things we didn't mean. But you're happy I stuck with the case. 798 01:03:44,951 --> 01:03:51,081 If you've gained some respect for me, well, of course I'm happy about that. 799 01:03:51,249 --> 01:03:55,586 But it's no big deal. You like me, I won't make you say it. 800 01:03:56,379 --> 01:03:59,089 I was just gonna tell you to wear matching socks tomorrow. 801 01:04:01,218 --> 01:04:04,345 Okay. Good tip. 802 01:04:05,138 --> 01:04:10,559 - We're ready. - You'd better believe it. 803 01:04:19,027 --> 01:04:22,029 We're gonna get creamed. 804 01:04:50,100 --> 01:04:52,017 Lieutenant Kaffee. 805 01:04:52,852 --> 01:04:55,896 You are gonna save our son, aren't you? 806 01:04:56,064 --> 01:04:58,065 I'll do my best. 807 01:04:58,233 --> 01:05:02,695 Danny, I'd like you to meet Ginny Miller, Louden's aunt. 808 01:05:03,530 --> 01:05:05,781 You're Aunt Ginny? 809 01:05:07,826 --> 01:05:12,788 - I was expecting someone older. - So was I. 810 01:05:17,502 --> 01:05:20,170 - Last chance. I'll flip you for it. - All rise. 811 01:05:20,338 --> 01:05:21,338 Too late. 812 01:05:30,015 --> 01:05:35,769 All those having business with this court-martial, stand forward. 813 01:05:35,937 --> 01:05:39,273 Colonel Julius Alexander Randolph is presiding. 814 01:05:39,441 --> 01:05:43,527 Is the government prepared to make an opening statement? 815 01:05:46,615 --> 01:05:48,490 The facts of the case are these: 816 01:05:48,658 --> 01:05:54,705 On September 6th, the accused entered PFC Santiago's room. 817 01:05:54,873 --> 01:05:57,708 They woke him up, tied his arms and legs... 818 01:05:57,876 --> 01:06:00,210 ...and forced a rag into his throat. 819 01:06:00,378 --> 01:06:06,050 Minutes later, a reaction called lactic acidosis caused his lungs to bleed. 820 01:06:06,217 --> 01:06:11,722 He drowned in his own blood, and was dead at 37 minutes past midnight. 821 01:06:11,890 --> 01:06:16,894 These are the facts of the case, and they are undisputed. 822 01:06:17,062 --> 01:06:22,358 That's right. What I've just told you is exactly what you will hear... 823 01:06:22,525 --> 01:06:27,112 ...from Lance Corporal Dawson and Private Downey. 824 01:06:27,280 --> 01:06:32,326 Furthermore, we will also show that the accused soaked the rag in poison... 825 01:06:32,494 --> 01:06:37,831 ...and entered Santiago's room with motive and intent to kill. 826 01:06:37,999 --> 01:06:43,379 Lieutenant Kaffee is gonna try and pull off a little magic act here. 827 01:06:43,546 --> 01:06:45,589 He'll try a little misdirection. 828 01:06:46,049 --> 01:06:49,301 He'll astonish you with stories of rituals. 829 01:06:49,469 --> 01:06:55,683 Dazzle you with official-sounding terms like "Code Red. " 830 01:06:55,850 --> 01:06:58,811 He might even try to cut into a few officers for you. 831 01:06:58,978 --> 01:07:03,732 He'll have no evidence, none, but it'll be entertaining. 832 01:07:03,983 --> 01:07:05,401 But in the end... 833 01:07:05,568 --> 01:07:10,155 ...all the magic in the world will not divert your attention from the fact... 834 01:07:10,323 --> 01:07:17,246 ...that Willy Santiago is dead, and Dawson and Downey killed him. 835 01:07:17,414 --> 01:07:21,250 These are the facts of the case, and they are undisputed. 836 01:07:22,377 --> 01:07:24,086 Lieutenant Kaffee. 837 01:07:24,254 --> 01:07:27,256 There was no poison on the rag and there was no intent to kill... 838 01:07:27,424 --> 01:07:31,468 ...and any attempt to prove otherwise is futile, because it just ain't true. 839 01:07:32,053 --> 01:07:37,683 Dawson and Downey didn't go into Santiago's room because of vengeance. 840 01:07:37,892 --> 01:07:41,854 It wasn't to kill or harm. And they weren't looking for kicks. 841 01:07:42,021 --> 01:07:45,315 It's because it was what they were ordered to do. 842 01:07:45,900 --> 01:07:50,487 Let me say that again. It's because they were ordered to do it. 843 01:07:51,114 --> 01:07:52,990 Out in the real world, that means nothing. 844 01:07:53,158 --> 01:07:55,492 And here in the Washington Navy Yard... 845 01:07:55,660 --> 01:07:57,286 ...doesn't mean a whole lot more. 846 01:07:57,454 --> 01:07:58,996 But if you're a Marine... 847 01:07:59,164 --> 01:08:03,459 ...assigned to Rifle Security Company Windward, Guantánamo Bay, Cuba... 848 01:08:03,626 --> 01:08:07,004 ...you follow orders, or you pack your bags. 849 01:08:07,213 --> 01:08:12,426 Make no mistake about it. Dawson and Downey are sitting here... 850 01:08:12,594 --> 01:08:15,846 ... because they did their job. 851 01:08:19,434 --> 01:08:22,519 Is the government ready to call its first witness? 852 01:08:22,687 --> 01:08:26,356 Please the court, government calls Mr. R.C. McGuire. 853 01:08:30,862 --> 01:08:33,030 Raise your right hand, please. 854 01:08:33,198 --> 01:08:38,869 Do you swear to tell the truth, the whole truth, and nothing but the truth? 855 01:08:39,037 --> 01:08:41,413 - I do. - Have a seat, please. 856 01:08:42,499 --> 01:08:45,709 Would you state your full name and occupation? 857 01:08:45,877 --> 01:08:50,214 Robert C. McGuire, special agent, Naval Investigative Service. 858 01:08:50,381 --> 01:08:56,720 Did you receive a letter from PFC Santiago on 3 September of this year? 859 01:08:56,888 --> 01:08:58,972 - We did. - What did it say? 860 01:08:59,140 --> 01:09:03,852 That a member of Santiago's unit had illegally fired across the fenceline. 861 01:09:04,020 --> 01:09:06,063 Was that Marine identified in the letter? 862 01:09:06,231 --> 01:09:11,735 No. I told Colonel Jessep that I would be coming down to investigate. 863 01:09:11,903 --> 01:09:13,570 And what did you find? 864 01:09:13,738 --> 01:09:16,824 The shift reported only one sentry returned his weapon... 865 01:09:16,991 --> 01:09:18,534 ...with ammo missing. 866 01:09:18,701 --> 01:09:21,995 - Who was that? - Lance Corporal Harold Dawson. 867 01:09:22,163 --> 01:09:23,747 Your Witness. 868 01:09:26,334 --> 01:09:29,670 Mr. McGuire, have you questioned Dawson about the shooting? 869 01:09:29,921 --> 01:09:33,549 Yes, he claims to have been engaged in some manner by the enemy. 870 01:09:33,716 --> 01:09:35,968 - But you don't believe him? - It's not my place- 871 01:09:36,135 --> 01:09:41,014 Why wasn't Dawson charged with firing at the enemy without cause? 872 01:09:42,809 --> 01:09:45,686 There wasn't enough evidence to support such a charge. 873 01:09:45,854 --> 01:09:47,479 Thank you. 874 01:09:48,898 --> 01:09:55,946 Why was there not enough evidence? You had William Santiago's letter. 875 01:09:57,115 --> 01:10:02,619 Santiago was the only eyewitness. I had no chance to interview him. 876 01:10:02,787 --> 01:10:05,789 And now we'll never know, will we, Mr. McGuire? 877 01:10:06,541 --> 01:10:08,000 No. 878 01:10:09,419 --> 01:10:13,589 - No more questions. - The witness is excused. 879 01:10:16,509 --> 01:10:18,969 Corporal Carl Hammaker, Marine barracks... 880 01:10:19,137 --> 01:10:22,472 ... Rifle Security Company Windward, 2nd Platoon Bravo. 881 01:10:22,640 --> 01:10:29,438 Were you present at a meeting held by Lieutenant Kendrick on September 6th? 882 01:10:29,606 --> 01:10:33,483 - Yes, sir. - What was the substance of it? 883 01:10:33,651 --> 01:10:36,695 Lieutenant Kendrick told us we had an informer in our group. 884 01:10:36,863 --> 01:10:42,492 That Santiago had reported to the NIS on a member of our platoon. 885 01:10:42,660 --> 01:10:44,870 Did that make you mad? 886 01:10:45,038 --> 01:10:48,332 - You can tell the truth. Did it? - Yes, sir. 887 01:10:48,499 --> 01:10:53,587 - How mad? - Santiago betrayed a code we believe in. 888 01:10:53,755 --> 01:10:56,381 - Were other men also angry? - Object. Speculation. 889 01:10:56,633 --> 01:10:58,216 Were Dawson and Downey? 890 01:10:58,468 --> 01:11:00,719 Is the counsel asking this witness to testify... 891 01:11:00,887 --> 01:11:03,513 ...as to how my clients felt on Sept. 6th? 892 01:11:03,932 --> 01:11:05,515 Sustained. 893 01:11:07,393 --> 01:11:11,355 Did Lieutenant Kendrick leave a standing order at that meeting? 894 01:11:11,522 --> 01:11:13,774 - Yes, sir. - What was it? 895 01:11:15,902 --> 01:11:19,321 It was clear he didn't want us taking matters into our own hands. 896 01:11:19,489 --> 01:11:26,203 - What was the order? - Santiago wasn't to be touched. 897 01:11:27,622 --> 01:11:30,457 Your witness. 898 01:11:30,625 --> 01:11:34,378 Were you in Dawson and Downey's room five minutes later? 899 01:11:34,545 --> 01:11:35,879 No, sir. 900 01:11:36,255 --> 01:11:40,884 - Thanks. No more questions. - The witness is excused. 901 01:11:44,847 --> 01:11:47,265 Government calls Corporal Raymond Thomas. 902 01:11:47,433 --> 01:11:52,938 Captain Ross is planning to call all the members of the platoon to testify. 903 01:11:53,106 --> 01:11:55,482 In light of the defence Kaffee is planning... 904 01:11:55,650 --> 01:11:59,319 ...the platoon leader's instructions seems relevant testimony. 905 01:11:59,487 --> 01:12:04,074 The defence concedes that all 22 will confirm Hammaker's account... 906 01:12:04,242 --> 01:12:06,493 ... if the government concedes none of them... 907 01:12:06,661 --> 01:12:10,414 ...were in Dawson and Downey's room at 1620. 908 01:12:10,581 --> 01:12:14,918 - Captain? - The government will stipulate. 909 01:12:15,086 --> 01:12:19,006 Then we will adjourn. You can call your next witness tomorrow. 910 01:12:19,173 --> 01:12:20,924 All rise. 911 01:12:32,603 --> 01:12:35,313 - Let's go over the doctor again. - It's the right approach. 912 01:12:35,565 --> 01:12:37,357 We've been over this already. 913 01:12:37,525 --> 01:12:41,236 At 3:00, Stone says he doesn't know what killed Santiago. 914 01:12:41,404 --> 01:12:46,116 Then he meets with Jessep, and at 5:00 he says it was poison? He's lying. 915 01:12:46,284 --> 01:12:47,367 That's a relief. 916 01:12:47,535 --> 01:12:50,996 I was afraid I couldn't use the "liar, liar, pants on fire" defence. 917 01:12:51,164 --> 01:12:57,419 We can't prove coercion. Let's go over what we have. 918 01:13:06,054 --> 01:13:09,639 Private Santiago was admitted to the ER at 0012... 919 01:13:09,807 --> 01:13:13,685 ...and he was pronounced dead at 0037. 920 01:13:13,853 --> 01:13:17,147 Dr. Stone, what is lactic acidosis? 921 01:13:17,315 --> 01:13:20,901 If the muscles and other cells burn sugar instead of oxygen... 922 01:13:21,069 --> 01:13:22,569 ... lactic acid is produced. 923 01:13:22,737 --> 01:13:26,156 That lactic acid is what caused Santiago's lungs to bleed. 924 01:13:26,324 --> 01:13:31,661 How long does it take before the muscles start burning sugar? 925 01:13:32,538 --> 01:13:38,126 - Twenty to 30 minutes. - What made it faster with Santiago? 926 01:13:38,294 --> 01:13:43,507 - An ingested poison of some kind. - Object. The witness is speculating. 927 01:13:43,674 --> 01:13:45,383 He is an expert medical witness. 928 01:13:45,551 --> 01:13:48,178 In this court, his opinion is not speculation. 929 01:13:48,346 --> 01:13:53,850 He is not a criminologist. The medical facts are inconclusive. 930 01:13:54,018 --> 01:13:57,687 A point I'm confident you'll illustrate on your cross-examination. 931 01:13:57,855 --> 01:14:00,857 So I'm sure you won't mind if his opinion is admitted now? 932 01:14:01,442 --> 01:14:03,527 Not at all, sir. 933 01:14:05,071 --> 01:14:11,159 - Did Willy Santiago die of poisoning? - Absolutely. 934 01:14:11,327 --> 01:14:15,330 You're aware that the lab and coroner's reports show no traces of poison? 935 01:14:15,498 --> 01:14:17,958 - Yes, I am. - Then how do you justify-? 936 01:14:18,126 --> 01:14:23,588 There are literally dozens of toxins which are virtually undetectable. 937 01:14:23,756 --> 01:14:27,467 The nature of the acidosis is the compelling factor here. 938 01:14:28,052 --> 01:14:30,178 Thank you, sir. 939 01:14:32,265 --> 01:14:36,893 Commander, is it possible for a person to have an affliction, some condition... 940 01:14:37,061 --> 01:14:39,896 ...which might also speed up acidosis? 941 01:14:42,733 --> 01:14:46,486 - Is it possible? - It's possible. 942 01:14:46,654 --> 01:14:50,115 What might some of those conditions be? 943 01:14:50,283 --> 01:14:53,410 If a person had a coronary or cerebral disorder... 944 01:14:53,578 --> 01:14:55,662 ...the process would be more rapid. 945 01:14:55,830 --> 01:14:57,914 If I had a coronary condition... 946 01:14:58,082 --> 01:15:01,668 ...and a perfectly clean rag was placed in my mouth and pushed too far... 947 01:15:01,836 --> 01:15:04,754 ... is it possible my cells would continue burning sugar... 948 01:15:04,922 --> 01:15:06,423 ...after the rag was taken out? 949 01:15:06,924 --> 01:15:09,384 It would have to be a very serious condition. 950 01:15:09,552 --> 01:15:13,805 Is it possible to have a serious condition where initial symptoms were so mild... 951 01:15:13,973 --> 01:15:18,226 ...as to escape a physician during a routine medical exam? 952 01:15:18,394 --> 01:15:21,104 Possibly. There would still be symptoms. 953 01:15:21,272 --> 01:15:22,606 What kind of symptoms? 954 01:15:23,024 --> 01:15:25,233 - There are hundreds of- - Chest pains? 955 01:15:25,401 --> 01:15:28,612 - Yes. Yes. - Shortness of breath? Fatigue? 956 01:15:29,071 --> 01:15:30,447 Of course. 957 01:15:36,245 --> 01:15:40,749 - Doctor, is this your signature? - Yes, it is. 958 01:15:41,292 --> 01:15:45,128 This is an order for Private Santiago to be put on restricted duty. 959 01:15:45,296 --> 01:15:49,132 Would you read your handwritten remarks at the bottom of the page? 960 01:15:49,300 --> 01:15:55,639 "Patient complains of chest pains, shortness of breath, and fatigue. 961 01:15:55,806 --> 01:16:00,143 Restricted from running distances over five miles for one week. " 962 01:16:02,313 --> 01:16:05,649 Isn't it possible Santiago had a serious coronary condition... 963 01:16:05,816 --> 01:16:10,820 ...and it was that condition, not poison, that caused the rapid chemical reaction? 964 01:16:10,988 --> 01:16:14,157 - No. - It's not possible? 965 01:16:14,659 --> 01:16:19,162 No. I personally give each man a thorough physical examination. 966 01:16:19,330 --> 01:16:22,332 Private Santiago was given a clean bill of health. 967 01:16:22,500 --> 01:16:24,834 That's why it had to be poison, right? 968 01:16:25,002 --> 01:16:27,796 Because if you gave a man with a serious condition... 969 01:16:27,964 --> 01:16:31,675 ...a clean bill of health and he died from a heart-related incident... 970 01:16:31,842 --> 01:16:33,760 ...you'd have a lot to answer for. 971 01:16:33,928 --> 01:16:36,805 - Object! Move to strike! - Sustained. 972 01:16:38,057 --> 01:16:41,184 I have no more questions, Your Honour. 973 01:16:41,352 --> 01:16:44,688 You've held a licence to practise medicine for 17 years. 974 01:16:44,855 --> 01:16:48,483 You're certified in internal medicine, you're chief of internal medicine... 975 01:16:48,651 --> 01:16:52,696 ...at a hospital which has served 5426 people. 976 01:16:52,863 --> 01:16:57,659 In your professional opinion, was Willy Santiago poisoned? 977 01:16:57,827 --> 01:17:02,580 We ask that the doctor's testimony be stricken from the record. 978 01:17:02,748 --> 01:17:08,378 - The court should disregard it. - The objection's overruled. 979 01:17:08,546 --> 01:17:13,425 We strenuously object, and requests an 802 conference... 980 01:17:13,592 --> 01:17:16,803 ...so His Honour can hear discussion before ruling on this objection. 981 01:17:16,971 --> 01:17:21,641 - The objection has been overruled. - Move to reconsider. 982 01:17:21,809 --> 01:17:27,063 Noted. The witness is an expert, and the court will hear his opinion! 983 01:17:31,485 --> 01:17:39,034 In your expert professional opinion, was Willy Santiago poisoned? 984 01:17:39,994 --> 01:17:44,873 - Yes. - Thank you, sir. No more questions. 985 01:17:45,124 --> 01:17:47,375 You may step down. 986 01:17:51,088 --> 01:17:57,385 While we reserve the right to call rebuttal witnesses, government rests. 987 01:17:57,553 --> 01:18:00,055 We'll recess until Monday the 19th... 988 01:18:00,222 --> 01:18:04,601 ...when the defence will call its first witness. 989 01:18:05,144 --> 01:18:07,270 All rise. 990 01:18:15,821 --> 01:18:21,076 "I strenuously object"? Is that how it works? 991 01:18:21,243 --> 01:18:25,288 "Objection. " "Overruled!" "No, I strenuously object!" 992 01:18:25,456 --> 01:18:29,459 - "Oh, then I'll reconsider!" - I got it on the record. 993 01:18:29,627 --> 01:18:32,087 You got the court thinking we're afraid of the doctor. 994 01:18:32,254 --> 01:18:34,798 You object once, so we can say he's not a criminologist. 995 01:18:35,007 --> 01:18:38,301 You keep after it, our cross looks like a bunch of fancy lawyer tricks. 996 01:18:38,552 --> 01:18:41,721 It's the difference between paper law and trial law! 997 01:18:41,972 --> 01:18:45,392 - The judge called him an expert! - Sam, she made a mistake. 998 01:18:45,559 --> 01:18:47,227 Let's not relive it. 999 01:18:48,979 --> 01:18:53,441 I'm gonna go call my wife. I'll see you tonight. 1000 01:18:54,819 --> 01:18:59,406 - Why do you hate them so much? - They beat up on a weakling. 1001 01:18:59,573 --> 01:19:02,659 The rest is this just smoke-filled-coffeehouse crap. 1002 01:19:02,827 --> 01:19:05,912 They tortured and tormented a weaker kid! 1003 01:19:06,080 --> 01:19:10,959 They didn't like him, so they killed him. Why? Because he couldn't run very fast! 1004 01:19:11,127 --> 01:19:16,673 - Everybody take the night off. - I'm sorry... 1005 01:19:16,841 --> 01:19:23,012 We've been working 20 hours a day. Go see your wife and daughter. 1006 01:19:23,180 --> 01:19:30,186 Jo, go do.... Whatever it is you do when you're not here. 1007 01:19:30,438 --> 01:19:32,772 - What day is tomorrow? - Saturday. 1008 01:19:32,940 --> 01:19:34,941 We'll start at 10. 1009 01:19:38,946 --> 01:19:42,031 Why do you like them so much? 1010 01:19:45,494 --> 01:19:49,622 Because they stand on a wall and say, "Nothing's gonna hurt you tonight. 1011 01:19:49,790 --> 01:19:51,666 Not on my watch. " 1012 01:19:56,755 --> 01:20:01,176 Don't worry about the doctor. This trial starts Monday. 1013 01:20:28,787 --> 01:20:32,081 I'm sorry to bother you. I should have called first. 1014 01:20:32,249 --> 01:20:37,629 No, I was just watching the ball game. Come on in. 1015 01:20:51,352 --> 01:20:56,898 I was wondering how you'd feel if I took you to dinner tonight? 1016 01:20:57,066 --> 01:20:59,943 - Are you asking me out on a date? - No. 1017 01:21:00,110 --> 01:21:02,070 - It sounded like you were. - I wasn't. 1018 01:21:02,238 --> 01:21:05,114 I've been asked out before, and that's what it sounded like. 1019 01:21:06,242 --> 01:21:09,285 Do you like seafood? I know a good seafood place. 1020 01:21:09,453 --> 01:21:10,954 Okay. 1021 01:21:17,461 --> 01:21:20,630 My third case was a "drunk and disorderly". It lasted nine weeks. 1022 01:21:20,798 --> 01:21:23,466 I rounded up 31 people from the bar that night. 1023 01:21:23,634 --> 01:21:26,970 Nine weeks on a D and D? What was the prosecutor offering? 1024 01:21:27,137 --> 01:21:29,597 Fifteen days. 1025 01:21:31,433 --> 01:21:33,434 You sure hustled the shit out of him. 1026 01:21:33,602 --> 01:21:35,728 After that, I got shifted to Internal Affairs. 1027 01:21:35,896 --> 01:21:36,896 Tough to blame them. 1028 01:21:37,064 --> 01:21:41,734 Where I have earned two medals and two letters of commendation. 1029 01:21:42,152 --> 01:21:44,821 Why are you always giving me your résumé? 1030 01:21:48,826 --> 01:21:52,745 - I want you to think I'm a good lawyer. - I do. 1031 01:21:52,997 --> 01:21:54,998 No, you don't. 1032 01:21:58,544 --> 01:22:06,134 I think you're an exceptional lawyer. The court members respond to you. 1033 01:22:06,302 --> 01:22:11,514 I see you convince them. Dawson and Downey will owe you their lives. 1034 01:22:15,227 --> 01:22:17,895 Jo, I think.... 1035 01:22:18,814 --> 01:22:22,483 I think you should prepare yourself for the fact we're gonna lose. 1036 01:22:22,693 --> 01:22:26,029 Ross's opening statement was all true. 1037 01:22:26,196 --> 01:22:30,950 Let's pretend it would matter to the court that the guys were given an order. 1038 01:22:31,118 --> 01:22:33,620 I can't prove it ever happened. 1039 01:22:33,787 --> 01:22:36,289 We'll keep doing what we're doing and put on a show... 1040 01:22:36,457 --> 01:22:41,669 ... but all we have is the testimony of two people accused of murder. 1041 01:22:42,921 --> 01:22:49,469 - We'll find Markinson. - Jo, we're gonna lose, and lose huge. 1042 01:22:52,806 --> 01:22:57,894 Corporal Barnes, Windward Barracks, Guantánamo Bay, Cuba. 1043 01:22:58,062 --> 01:23:02,357 Name some reasons why a Marine would receive a Code Red. 1044 01:23:02,524 --> 01:23:05,693 Being late for platoon or company meetings... 1045 01:23:05,861 --> 01:23:09,822 ... keeping barracks in disorder, falling back on a run.... 1046 01:23:09,990 --> 01:23:12,367 - Have you ever received a Code Red? - Yes, sir. 1047 01:23:12,534 --> 01:23:15,995 I dropped my weapon in a drill. 1048 01:23:16,163 --> 01:23:23,086 It was over 100 degrees. My palms were sweaty and I hadn't used resin. 1049 01:23:23,253 --> 01:23:28,007 - What happened? - The guys threw a blanket over me. 1050 01:23:28,175 --> 01:23:33,471 They punched me on the arms and poured glue on my hands. 1051 01:23:33,639 --> 01:23:38,601 And it worked. I ain't never dropped my weapon since. 1052 01:23:38,852 --> 01:23:42,522 - Was Private Santiago ever late? - Yes, sir. 1053 01:23:42,690 --> 01:23:45,400 - Was his barracks ever in disorder? - Yes, sir. 1054 01:23:45,567 --> 01:23:47,985 - Did he ever fall back on a run? - All the time. 1055 01:23:48,153 --> 01:23:53,282 Did he ever, prior to September 6th, receive a Code Red? 1056 01:23:53,450 --> 01:23:54,742 No, sir. 1057 01:23:54,952 --> 01:23:56,869 - Never? - No, sir. 1058 01:23:58,497 --> 01:24:00,957 You got a Code Red because your palms were sweaty. 1059 01:24:01,125 --> 01:24:04,794 Why didn't Santiago, this burden to his unit, ever get one? 1060 01:24:06,630 --> 01:24:11,718 - Dawson wouldn't allow it, sir. - Dawson wouldn't allow it. 1061 01:24:11,885 --> 01:24:17,473 The guys talked tough about Santiago, but they were too afraid of Dawson. 1062 01:24:17,641 --> 01:24:19,976 Object. Witness is speculating. 1063 01:24:20,144 --> 01:24:23,312 Did you want to give Santiago a Code Red? 1064 01:24:23,480 --> 01:24:24,564 Yes, sir. 1065 01:24:24,732 --> 01:24:28,651 - Why didn't you? - Because Dawson would kick my butt. 1066 01:24:28,819 --> 01:24:34,115 Good enough. Captain Ross is gonna will ask you some questions. 1067 01:24:34,283 --> 01:24:41,330 Corporal Barnes, I hold here the Marine Recruit Outline. Are you familiar with it? 1068 01:24:41,498 --> 01:24:43,499 - Have you read it? Good. - Yes, sir. 1069 01:24:43,667 --> 01:24:47,837 Turn to the chapter that deals with Code Reds, please. 1070 01:24:48,630 --> 01:24:53,009 - Sir? - Just flip to the page with Code Reds. 1071 01:24:55,095 --> 01:25:00,516 Well, "Code Red" is a term that we use down at Gitmo. I don't know if it's- 1072 01:25:00,684 --> 01:25:02,935 Oh, we're in luck, then. 1073 01:25:06,106 --> 01:25:08,775 "Standard Operating Procedure, Rifle Security Company... 1074 01:25:08,942 --> 01:25:10,610 ...Guantánamo Bay, Cuba. " 1075 01:25:10,778 --> 01:25:14,489 I assume we'll find "Code Red" in there? 1076 01:25:14,656 --> 01:25:16,449 - No, sir. - No? 1077 01:25:16,617 --> 01:25:22,622 I'm a Marine. Is there no book, no set of orders or regulations... 1078 01:25:22,790 --> 01:25:27,126 ...telling me that one of my duties is to perform Code Reds? 1079 01:25:27,961 --> 01:25:30,630 No, sir. No book, sir. 1080 01:25:30,798 --> 01:25:33,466 No further questions. 1081 01:25:34,885 --> 01:25:39,722 Would you turn to the page that says where the mess hall is, please? 1082 01:25:39,890 --> 01:25:42,892 Lieutenant Kaffee, that's not in the book, sir. 1083 01:25:44,561 --> 01:25:50,608 - You mean you've never had a meal? - No, sir. Three squares a day, sir. 1084 01:25:51,401 --> 01:25:56,155 I don't understand. How did you find the mess hall if it's not in this book? 1085 01:25:58,784 --> 01:26:05,081 - I guess I just followed the crowd. - No more questions. 1086 01:26:05,249 --> 01:26:08,835 - Corporal Barnes, you may step down. - Thank you, sir. 1087 01:26:14,508 --> 01:26:17,134 Seven tonight, we'll do a final Kendrick review. 1088 01:26:17,302 --> 01:26:19,887 I wanna slam-dunk this guy. 1089 01:26:31,441 --> 01:26:35,736 - Hey, Luther. - Admiral! How's the big case going? 1090 01:26:35,904 --> 01:26:38,489 - Nose to the grindstone. - No flies on you. 1091 01:26:38,740 --> 01:26:40,575 Rolling stone gathers no moss. 1092 01:26:40,826 --> 01:26:43,494 Well, it ain't over till the fat lady sings. 1093 01:26:43,662 --> 01:26:45,621 You can say that again. 1094 01:26:46,206 --> 01:26:49,959 - It ain't over till the fat lady sings. - Till the fat lady sings. 1095 01:26:50,127 --> 01:26:52,295 I walked into that one. 1096 01:27:03,891 --> 01:27:09,312 - Jesus Christ! - You left the door unlocked. 1097 01:27:09,479 --> 01:27:12,273 - You scared the shit out of me. - Just keep driving. 1098 01:27:12,524 --> 01:27:14,317 Are you aware you're under subpoena? 1099 01:27:14,484 --> 01:27:18,195 Yes. I'm also aware the lives of two Marines are in your hands. 1100 01:27:18,363 --> 01:27:20,489 If I could do something about that, I would. 1101 01:27:20,657 --> 01:27:22,783 Since I can't, all I can do is help you. 1102 01:27:22,951 --> 01:27:25,244 - What do you know? - I know everything. 1103 01:27:25,454 --> 01:27:27,747 - Was it a Code Red? - Yes. 1104 01:27:27,998 --> 01:27:29,999 - Did Kendrick give the order? - Yes. 1105 01:27:30,167 --> 01:27:32,084 Did you witness it? Did you witness it? 1106 01:27:32,252 --> 01:27:33,669 - No. - Then how do you know? 1107 01:27:33,837 --> 01:27:35,504 - I know. - Yeah, you know shit. 1108 01:27:35,672 --> 01:27:37,965 He was never gonna be transferred off that base. 1109 01:27:43,931 --> 01:27:47,183 Jessep was gonna keep him on the base, said he wanted him "trained. " 1110 01:27:47,351 --> 01:27:49,852 - You signed the transfer order. - Yeah, I know. 1111 01:27:50,020 --> 01:27:55,399 I signed them when you got to Cuba, five days after Santiago's death. 1112 01:27:57,653 --> 01:28:04,575 I'll get you immunity. In about four days you can tell the court what you told me. 1113 01:28:04,743 --> 01:28:08,955 Right now I'll check you into a motel. We're gonna start from the beginning. 1114 01:28:09,122 --> 01:28:12,875 I don't want a deal, and I don't want immunity. 1115 01:28:13,043 --> 01:28:19,298 I'm not proud of what I have done, nor of what I am doing. 1116 01:28:20,592 --> 01:28:22,468 - Where is he? - The Downtown Lodge. 1117 01:28:22,636 --> 01:28:24,720 - I want him guarded. - That's a good idea. 1118 01:28:24,888 --> 01:28:27,390 - My clearance code is 4115273. - Clearance code? 1119 01:28:28,225 --> 01:28:29,892 I don't have a clearance code. You? 1120 01:28:30,060 --> 01:28:32,144 It's Galloway. I need to secure a witness. 1121 01:28:32,312 --> 01:28:35,481 He also said Jessep's lying about transportation off the base. 1122 01:28:35,649 --> 01:28:38,484 Jessep said that 6 the next morning was the first flight. 1123 01:28:38,652 --> 01:28:41,904 Markinson says there was one that left seven hours earlier. 1124 01:28:42,072 --> 01:28:45,032 - That was impressive. Did you hear that? - Yeah. 1125 01:28:45,200 --> 01:28:47,743 Sam, isn't there a record of flights? 1126 01:28:47,911 --> 01:28:50,579 You need the tower chief's log from Gitmo. 1127 01:28:50,747 --> 01:28:52,373 - Get it. - We're gonna win. 1128 01:28:52,541 --> 01:28:56,002 Jo, don't get crazy. We don't know Markinson, or the log book. 1129 01:28:56,169 --> 01:28:59,338 You concentrate on Downey, I'll talk to Ross. 1130 01:29:04,386 --> 01:29:09,640 Hey, Danny. Nice work today. The redirect on Barnes. 1131 01:29:09,808 --> 01:29:14,061 - I have Markinson. - Where is he? 1132 01:29:14,229 --> 01:29:18,441 Motel room in Northeast, six marshals outside the door. Take a sip. 1133 01:29:18,608 --> 01:29:20,901 The transfer Markinson signed is phoney. 1134 01:29:21,069 --> 01:29:24,488 And Jessep lied about the first flight. We're getting the log. 1135 01:29:24,656 --> 01:29:26,115 - Can I get you something? - Beer. 1136 01:29:26,700 --> 01:29:31,579 In the meantime, I'm gonna put Kendrick on the stand and have some fun. 1137 01:29:31,747 --> 01:29:36,667 If you accuse Kendrick or Jessep of any crime without evidence... 1138 01:29:36,835 --> 01:29:39,462 ...you'll be court-martialled for misconduct... 1139 01:29:39,629 --> 01:29:44,050 ...and that's gonna be stapled to every job application you ever fill out. 1140 01:29:45,844 --> 01:29:49,638 Markinson won't hold up, he's a crazy man. 1141 01:29:49,806 --> 01:29:52,975 I'm not saying this to intimidate you, I'm being your lawyer here. 1142 01:29:53,143 --> 01:29:56,979 Thanks. And I wanna tell you I think the whole fucking bunch of you are insane. 1143 01:29:57,147 --> 01:29:59,565 This code of honour makes me wanna beat someone! 1144 01:29:59,733 --> 01:30:03,486 Don't you dare lump me in with Kendrick and Jessep. 1145 01:30:03,653 --> 01:30:08,616 I'm your friend. Your clients don't belong in jail, but it's not my decision. 1146 01:30:08,784 --> 01:30:13,162 I represent the U.S. government without passion or prejudice... 1147 01:30:13,330 --> 01:30:16,248 - ...and my client has a case. - Here you go. 1148 01:30:20,295 --> 01:30:23,547 I want you to acknowledge that the judge advocate has made you aware... 1149 01:30:23,715 --> 01:30:28,260 ...of the consequences of accusing a Marine officer without evidence. 1150 01:30:29,096 --> 01:30:30,971 I've been so advised. 1151 01:30:35,227 --> 01:30:42,108 You got bullied into that courtroom. By everyone. By Dawson. By Galloway. 1152 01:30:42,275 --> 01:30:44,527 Shit, I practically dared you. 1153 01:30:45,946 --> 01:30:51,283 You got bullied into that courtroom by the memory of a dead lawyer. 1154 01:30:55,455 --> 01:31:00,459 You're a lousy fucking softball player, Jack! 1155 01:31:01,962 --> 01:31:07,508 Your boys are going down, Danny. I can't stop it anymore. 1156 01:31:11,471 --> 01:31:16,851 - Was Santiago a good Marine? - I'd say he was average. 1157 01:31:17,018 --> 01:31:23,941 Your proficiency and conduct reports all indicate he was below average. 1158 01:31:27,529 --> 01:31:31,282 Yes, he was below average. 1159 01:31:31,449 --> 01:31:34,243 I did not see the need to trample on his grave. 1160 01:31:35,412 --> 01:31:40,166 We appreciate it, but you're under oath. I think we'd all like to hear the truth. 1161 01:31:40,333 --> 01:31:42,084 I'm aware of my oath. 1162 01:31:42,252 --> 01:31:47,298 These are the last three pro-con reports you signed for Lance Corporal Dawson. 1163 01:31:47,465 --> 01:31:53,554 He rated exceptional twice, but on June 9th he's below average. 1164 01:31:53,722 --> 01:31:57,600 - I'd like to discuss that. - That would be fine. 1165 01:31:57,767 --> 01:32:01,353 Dawson's ranking after the School of Infantry was perfect. 1166 01:32:01,521 --> 01:32:06,734 But unlike most of his class, he hasn't been promoted. 1167 01:32:06,902 --> 01:32:11,780 - Was this report the reason? - I'm sure it was. 1168 01:32:11,948 --> 01:32:16,243 - Do you recall why he got this grade? - I'm sure I don't. 1169 01:32:16,411 --> 01:32:20,122 I have many men in my charge. I write many reports. 1170 01:32:20,290 --> 01:32:25,961 Do you recall an incident involving a PFC Curtis Bell... 1171 01:32:26,129 --> 01:32:28,756 ...stealing liquor from the officers' club? 1172 01:32:29,049 --> 01:32:30,758 Yes, I do. 1173 01:32:30,926 --> 01:32:35,054 Did you report Private Bell to the proper authorities? 1174 01:32:35,222 --> 01:32:37,264 I have two books at my bedside: 1175 01:32:37,432 --> 01:32:40,226 the Marine Code and the King James Bible. 1176 01:32:40,393 --> 01:32:45,856 The only proper authorities I'm aware of are Colonel Jessep and God. 1177 01:32:47,400 --> 01:32:52,738 Then you don't recognise this court as a proper authority? 1178 01:32:52,906 --> 01:32:57,785 - Objection. Argumentative. - Sustained. Watch yourself. 1179 01:32:57,953 --> 01:33:03,749 - Did you report Private Bell? - I thought very highly of him. 1180 01:33:03,917 --> 01:33:06,669 I didn't want his record tarnished by a charge. 1181 01:33:07,754 --> 01:33:10,673 You preferred it be handled in the unit? 1182 01:33:12,467 --> 01:33:14,343 Yes, I most certainly did. 1183 01:33:15,387 --> 01:33:18,806 - Do you know what a Code Red is? - Yes, I do. 1184 01:33:18,974 --> 01:33:22,101 - Have you ever ordered one? - No, I have not. 1185 01:33:22,269 --> 01:33:28,524 Did you order that Private Bell receive no food or drink except water... 1186 01:33:28,692 --> 01:33:30,776 ...for a period of seven days? 1187 01:33:30,944 --> 01:33:35,531 You're distorting the truth. He was on barracks restriction. 1188 01:33:35,699 --> 01:33:42,663 He was given water and vitamins. His health was never in danger. 1189 01:33:42,872 --> 01:33:48,210 I'm sure it was lovely for him. But you did order the restriction. 1190 01:33:48,378 --> 01:33:52,464 - You denied him food? - Yes, I did. 1191 01:33:52,632 --> 01:33:59,054 - Wouldn't this be called a Code Red? - No. 1192 01:33:59,222 --> 01:34:04,560 Would the other 478 Marines at Guantánamo consider it a Code Red? 1193 01:34:04,728 --> 01:34:09,189 The witness can't testify as to what 478 other men would say. 1194 01:34:09,357 --> 01:34:15,571 These questions are argumentative, and irrelevant badgering of the witness. 1195 01:34:15,739 --> 01:34:19,408 Sustained. And I would remind you... 1196 01:34:19,576 --> 01:34:23,579 ...that you're questioning an officer with an impeccable service record. 1197 01:34:23,747 --> 01:34:25,331 Thank you, Your Honour. 1198 01:34:26,207 --> 01:34:32,921 Was Dawson rated below average for sneaking food to Private Bell? 1199 01:34:33,089 --> 01:34:36,425 - Object! - Not so fast. Lieutenant? 1200 01:34:38,094 --> 01:34:45,225 Dawson was given a below average rating for committing a crime. 1201 01:34:45,393 --> 01:34:49,563 Crime? What crime did he commit? 1202 01:34:50,357 --> 01:34:56,528 Lieutenant Kendrick, Dawson brought a hungry guy some food. 1203 01:34:56,696 --> 01:35:01,784 - What crime did he commit? - He disobeyed an order. 1204 01:35:01,951 --> 01:35:07,498 And because he made a decision about the welfare of a Marine... 1205 01:35:07,665 --> 01:35:11,126 ...that conflicted with your order, he was punished, right? 1206 01:35:11,294 --> 01:35:14,755 Lance Corporal Dawson disobeyed an order! 1207 01:35:14,923 --> 01:35:19,676 It wasn't a real order, was it? After all, it's peacetime. 1208 01:35:19,844 --> 01:35:22,971 He wasn't asked to advance on a beachhead. 1209 01:35:23,139 --> 01:35:27,476 Surely a Marine of Dawson's intelligence... 1210 01:35:27,644 --> 01:35:30,479 ...can be trusted to distinguish important orders... 1211 01:35:30,647 --> 01:35:34,608 ...from those that might be morally questionable? 1212 01:35:35,985 --> 01:35:39,780 Lieutenant Kendrick? Can he? 1213 01:35:39,948 --> 01:35:43,409 Can Dawson determine on his own which orders to follow? 1214 01:35:43,576 --> 01:35:45,160 No, he cannot. 1215 01:35:45,328 --> 01:35:47,955 A lesson he learned after the Bell incident. 1216 01:35:48,123 --> 01:35:50,457 - I would think so. - You know so, don't you? 1217 01:35:50,667 --> 01:35:52,668 - Object! - Sustained. 1218 01:35:55,171 --> 01:35:57,881 Lieutenant Kendrick, one final question. 1219 01:35:58,883 --> 01:36:02,261 If you had ordered Dawson to give Santiago a Code Red... 1220 01:36:02,429 --> 01:36:06,515 - I ordered them not to touch him! - ...would he dare disobey you again? 1221 01:36:06,683 --> 01:36:10,686 - Lieutenant, don't answer that! - You don't have to. I'm through. 1222 01:36:11,146 --> 01:36:18,861 Did you order Dawson and Downey to give Willy Santiago a Code Red? 1223 01:36:20,280 --> 01:36:24,616 - Lieutenant Kendrick, did you-? - No, I did not. 1224 01:36:28,538 --> 01:36:31,415 - What's the word? - Well... 1225 01:36:31,583 --> 01:36:35,043 ... I got the tower chief's log. Jessep's telling the truth. 1226 01:36:35,211 --> 01:36:38,380 - Six a. m. flight was the first plane. - Let me see this. 1227 01:36:49,517 --> 01:36:54,146 - Working late tonight, lieutenant? - Oh, yeah. 1228 01:36:56,983 --> 01:37:00,611 There was no flight at 11:00! What the fuck are you trying to pull?! 1229 01:37:00,778 --> 01:37:07,784 The first flight left at 2300. It arrived at Andrews at 2 a. m. 1230 01:37:07,952 --> 01:37:11,079 Really? Then why isn't it listed in the tower chief's log? 1231 01:37:13,082 --> 01:37:18,921 - Jessep. - What? He fixed the logbook? 1232 01:37:19,088 --> 01:37:22,674 Maybe he can make it so it didn't take off, but I can prove it landed. 1233 01:37:22,842 --> 01:37:25,302 I'll get the logbook from Andrews. 1234 01:37:25,470 --> 01:37:30,265 - You won't find anything. - He can make a flight disappear? 1235 01:37:30,892 --> 01:37:34,937 Nathan Jessep is about to be appointed to the National Security Council. 1236 01:37:35,104 --> 01:37:38,899 You don't get there without knowing how to sidestep a few landmines. 1237 01:37:39,067 --> 01:37:44,279 - He won't be able to sidestep you. - You still intend to put me on the stand? 1238 01:37:44,447 --> 01:37:47,282 Thursday morning. Ten o'clock. 1239 01:37:51,871 --> 01:37:55,624 There's gotta be someone who can testify to the flight. 1240 01:37:55,792 --> 01:38:01,922 This isn't TWA. You know how many planes take off and land every day? 1241 01:38:02,090 --> 01:38:04,925 The ground crew isn't gonna remember it. 1242 01:38:05,093 --> 01:38:06,260 Well, how do you know- 1243 01:38:06,511 --> 01:38:08,679 Forget the flight. Forget the flight. 1244 01:38:08,930 --> 01:38:13,684 Markinson will testify that the transfer was forged. 1245 01:38:13,851 --> 01:38:17,604 That and Downey's testimony really ought to be enough. 1246 01:38:23,361 --> 01:38:27,322 Why did you go into Santiago's room on the night of the 6th? 1247 01:38:27,490 --> 01:38:32,661 - To give him a Code Red. - And why did you do that? 1248 01:38:33,246 --> 01:38:37,833 I was ordered to by the platoon commander... 1249 01:38:38,001 --> 01:38:40,460 ... Lieutenant Jonathan James Kendrick. 1250 01:38:41,629 --> 01:38:43,672 You're gonna do fine. 1251 01:38:45,842 --> 01:38:51,513 - Think we can rejoin the platoon soon? - Absolutely. 1252 01:38:54,809 --> 01:39:00,230 Remember the order of the questions? Are you sure? And use small words. 1253 01:39:00,398 --> 01:39:02,190 - Just go slow. - I'm gonna go slow. 1254 01:39:02,442 --> 01:39:06,153 Okay. And get him off as fast as you can. 1255 01:39:06,404 --> 01:39:08,780 What? It's gonna be fine. 1256 01:39:11,576 --> 01:39:17,372 Dear Mr. and Mrs. Santiago, I was William's executive officer. 1257 01:39:17,540 --> 01:39:20,876 I knew your son vaguely, which is to say I knew his name. 1258 01:39:21,878 --> 01:39:26,798 Soon, the trial of the two men charged with his death will be concluded... 1259 01:39:26,966 --> 01:39:33,347 ...and the jury will try to offer you an explanation as to why he's dead. 1260 01:39:33,514 --> 01:39:37,351 For my part, I've done as much as I can to bring the truth to light. 1261 01:39:37,518 --> 01:39:39,227 And the truth is this: 1262 01:39:39,395 --> 01:39:41,897 Your son is dead for only one reason... 1263 01:39:42,273 --> 01:39:44,900 ...I wasn't strong enough to stop it. 1264 01:39:45,068 --> 01:39:49,029 Always, Lieutenant Colonel Matthew Andrew Markinson... 1265 01:39:49,197 --> 01:39:50,906 ...United States Marine Corps. 1266 01:39:56,204 --> 01:39:59,831 Private, I want you to tell us one last time: 1267 01:39:59,999 --> 01:40:05,921 Why did you go to Santiago's room on the night of September 6th? 1268 01:40:06,089 --> 01:40:10,384 A Code Red was ordered by Platoon Commander Kendrick. 1269 01:40:10,551 --> 01:40:14,429 Thank you. Your witness. 1270 01:40:18,935 --> 01:40:22,020 The week of 2 September, the switch log... 1271 01:40:22,188 --> 01:40:25,941 ... has you down at Post 39 until 1600. Right? 1272 01:40:26,109 --> 01:40:32,614 - They keep that log pretty good. - How far is Post 39 from barracks? 1273 01:40:32,782 --> 01:40:38,995 - It's a ways, sir. It's a hike. - About how far by jeep? 1274 01:40:40,581 --> 01:40:42,541 About 10, 15 minutes, sir. 1275 01:40:42,709 --> 01:40:46,628 - You ever had to walk it? - Yes, sir, that day. Friday. 1276 01:40:46,796 --> 01:40:51,717 The pickup private- That's what we call the guy that drops us off. 1277 01:40:51,884 --> 01:40:55,846 Also because he can get the girls in New York City. 1278 01:40:56,013 --> 01:41:03,061 - he got a flat tyre at Post 39, so we had to jog back to barracks. 1279 01:41:03,229 --> 01:41:09,943 And if it's 10 or 15 minutes by jeep, it must be an hour by foot, right? 1280 01:41:10,111 --> 01:41:16,032 - We did it in 45 flat, sir. - Not bad. 1281 01:41:16,200 --> 01:41:22,622 You've said your assault on Santiago was ordered by Lieutenant Kendrick... 1282 01:41:22,790 --> 01:41:27,627 ... in your barracks room at 1620, am I right? 1283 01:41:27,795 --> 01:41:34,176 - Yes, sir. - You said you weren't back before 1645. 1284 01:41:34,343 --> 01:41:35,594 Sir? 1285 01:41:35,762 --> 01:41:42,017 If you weren't back till 1645, how could you be in your room at 1620? 1286 01:41:42,769 --> 01:41:45,854 Well, you see, sir, there was a blow-out.... 1287 01:41:46,022 --> 01:41:49,858 Did you ever actually hear Lieutenant Kendrick order a Code Red? 1288 01:41:50,026 --> 01:41:52,194 Well, Hal said that- 1289 01:41:52,361 --> 01:41:57,032 Did you ever actually hear Lieutenant Kendrick order a Code Red? 1290 01:41:58,075 --> 01:42:02,162 - No, sir. - I'd like to request a recess. 1291 01:42:02,330 --> 01:42:06,374 - The witness has rights! - He has been read his rights. 1292 01:42:06,542 --> 01:42:07,959 The question will be repeated. 1293 01:42:08,211 --> 01:42:13,465 Why did you go to Santiago's room? Did Dawson tell you to? 1294 01:42:13,633 --> 01:42:17,219 - Don't look at him! - Answer the captain's question. 1295 01:42:20,556 --> 01:42:25,727 Yes. I was given an order by Lance Corporal Dawson... 1296 01:42:25,895 --> 01:42:27,646 ...and I followed it. 1297 01:42:49,252 --> 01:42:52,128 Where do you think he is? 1298 01:42:52,922 --> 01:42:56,132 As far as Downey was concerned, it was an order from Kendrick. 1299 01:42:56,300 --> 01:42:59,636 It doesn't matter that he didn't hear firsthand. 1300 01:43:05,142 --> 01:43:09,896 - Danny, I'm sorry. - Don't worry about it. 1301 01:43:10,064 --> 01:43:15,193 All we need to do is call some witnesses to talk about implied orders... 1302 01:43:15,361 --> 01:43:18,113 ...or call Downey back before we get to Dawson. 1303 01:43:18,781 --> 01:43:23,618 Maybe we could get Dawson charged with the Kennedy assassination? 1304 01:43:26,789 --> 01:43:33,295 - Are you drunk? - Pretty much. Yeah. 1305 01:43:34,171 --> 01:43:37,632 I'll put on a pot of coffee. We've got a long night's work ahead. 1306 01:43:38,801 --> 01:43:44,264 She's gonna make coffee? That's nice. 1307 01:43:48,185 --> 01:43:54,399 Downey wasn't in his room. He wasn't even there. 1308 01:43:54,567 --> 01:43:59,362 That was important information, don't you think? 1309 01:44:00,114 --> 01:44:04,701 Danny, it was a setback. And I'm sorry. 1310 01:44:04,869 --> 01:44:08,955 But we fix it and move on to Markinson. 1311 01:44:09,123 --> 01:44:10,624 Markinson's dead. 1312 01:44:16,547 --> 01:44:20,884 You really got to hand it to those federal marshals, boy. 1313 01:44:21,052 --> 01:44:27,182 He didn't hang himself by his shoelaces, or slash his wrists with a butterknife. 1314 01:44:29,393 --> 01:44:36,149 This guy got into full dress uniform, drew a nickel-plated pistol... 1315 01:44:36,317 --> 01:44:38,818 ...and fired a bullet into his mouth. 1316 01:44:42,698 --> 01:44:47,327 Anyway, since we're out of witnesses, I thought I'd drink a little. 1317 01:44:47,495 --> 01:44:52,540 - I still think we can win. - Maybe you should drink a little. 1318 01:44:52,792 --> 01:44:57,629 In the morning, we'll ask Randolph for a continuance, 24 hours. 1319 01:44:57,797 --> 01:45:00,966 - Why would we do that? - To subpoena Colonel Jessep. 1320 01:45:02,051 --> 01:45:03,760 - What? - Listen for a second. 1321 01:45:03,928 --> 01:45:06,680 No! I won't listen. 1322 01:45:06,847 --> 01:45:09,432 Your passion is compelling, but useless. 1323 01:45:09,600 --> 01:45:13,520 Louden Downey needed a trial lawyer today. 1324 01:45:15,815 --> 01:45:20,110 You chickenshit. You just want an excuse to give up. 1325 01:45:21,278 --> 01:45:23,154 It's over. 1326 01:45:23,322 --> 01:45:25,657 Why did you ask Jessep for the transfer order? 1327 01:45:25,825 --> 01:45:28,451 - In Cuba, why did you ask him? - What does it matter? 1328 01:45:28,619 --> 01:45:31,204 - I wanted the damn transfer order! - Bullshit! 1329 01:45:31,372 --> 01:45:34,749 You could have gotten it by calling any one of a dozen departments. 1330 01:45:34,917 --> 01:45:39,587 You didn't want the order. You wanted to see Jessep's reaction. 1331 01:45:39,755 --> 01:45:42,716 You had an instinct and it was confirmed by Markinson. 1332 01:45:42,883 --> 01:45:45,719 Now let's put Jessep on the stand and end this thing. 1333 01:45:45,886 --> 01:45:52,183 - What possible good would that do? - He ordered the Code Red. 1334 01:45:52,351 --> 01:45:58,648 He did? That's great! And of course, you have proof? 1335 01:45:58,816 --> 01:46:02,944 I'm sorry, I forgot. You were sick that day at law school. 1336 01:46:03,112 --> 01:46:05,447 You put him on the stand and get it from him. 1337 01:46:05,614 --> 01:46:09,826 We get it from him! Yes, no problem. We get it from him. 1338 01:46:09,994 --> 01:46:14,205 Colonel Jessep, isn't it true you ordered the Code Red on Santiago? 1339 01:46:14,373 --> 01:46:18,460 I'm sorry, time's run out! What do we have for the losers, judge? 1340 01:46:18,627 --> 01:46:22,839 "Well, for the defendants, it's life at exotic Fort Leavenworth! 1341 01:46:23,007 --> 01:46:28,762 And for Defence Counsel Kaffee, that's right, it's a court-martial! 1342 01:46:28,929 --> 01:46:34,350 After falsely accusing a decorated officer of conspiracy and perjury... 1343 01:46:34,518 --> 01:46:38,021 ... Lieutenant Kaffee will have a long and prosperous career... 1344 01:46:38,189 --> 01:46:43,276 ...teaching typewriter maintenance at a women's school! 1345 01:46:43,444 --> 01:46:49,657 Thank you for playing Follow the Advice of the Galactically Stupid!" 1346 01:47:11,472 --> 01:47:14,641 I'm sorry I lost you your set of steak knives. 1347 01:47:31,617 --> 01:47:35,286 Stop cleaning up. 1348 01:47:37,206 --> 01:47:41,417 Sam, stop cleaning up. 1349 01:47:49,009 --> 01:47:54,013 - You want a drink? - Yeah. 1350 01:48:10,072 --> 01:48:13,116 - Is your father proud of you? - Don't do this to yourself. 1351 01:48:13,284 --> 01:48:15,034 I'll bet he is. 1352 01:48:15,911 --> 01:48:19,122 I'll bet he bores the shit out of the neighbours and relatives. 1353 01:48:19,290 --> 01:48:21,708 "Sam's made law review. 1354 01:48:21,876 --> 01:48:27,964 He's got a big case he's making. He's making an argument. " 1355 01:48:32,386 --> 01:48:38,266 I think my father would have enjoyed seeing me graduate from law school. 1356 01:48:40,227 --> 01:48:44,314 I think he would have liked that a lot. 1357 01:48:45,399 --> 01:48:48,401 I ever tell you I wrote a paper about your father in college? 1358 01:48:49,403 --> 01:48:50,904 Yeah? 1359 01:48:51,572 --> 01:48:56,951 - One of the best trial lawyers ever. - Yes, he was. 1360 01:48:57,203 --> 01:49:02,248 But if I were Dawson and Downey, and had to choose you or him... 1361 01:49:02,416 --> 01:49:05,460 ... I'd choose you any day of the week, and twice on Sunday. 1362 01:49:06,128 --> 01:49:09,631 You should have seen yourself thunder away at Kendrick. 1363 01:49:12,092 --> 01:49:16,804 - Would you put Jessep on the stand? - No. 1364 01:49:17,431 --> 01:49:22,352 Do you think my father would have? - With the evidence we got? 1365 01:49:22,519 --> 01:49:25,313 Not in a million years. 1366 01:49:25,481 --> 01:49:29,025 But here's the thing, and we can't get around this: 1367 01:49:29,193 --> 01:49:31,110 Neither Lionel Kaffee nor Sam Weinberg... 1368 01:49:31,278 --> 01:49:36,366 ...are lead counsel for the defence in U.S. v. Dawson and Downey. 1369 01:49:36,533 --> 01:49:40,995 So there's really only one question: What would you do? 1370 01:49:49,380 --> 01:49:53,758 Jo. JoAnne! Jo, get in the car. 1371 01:49:53,926 --> 01:49:57,303 JoAnne, please get in the car! Look.... 1372 01:49:58,764 --> 01:50:02,934 JoAnne! I apologise. I was angry. 1373 01:50:03,102 --> 01:50:05,687 I'm sorry about what I said. 1374 01:50:05,854 --> 01:50:09,941 I'm gonna put Jessep on the stand! 1375 01:50:29,003 --> 01:50:30,211 What do you suggest we do? 1376 01:50:30,379 --> 01:50:32,922 Hit Jessep with the phoney transfer order. 1377 01:50:33,090 --> 01:50:35,383 - Without a witness? - We have a witness. 1378 01:50:35,551 --> 01:50:36,551 A dead witness. 1379 01:50:36,719 --> 01:50:39,345 To a lesser attorney, that'd be a problem. 1380 01:50:39,513 --> 01:50:44,392 Look. Last night he's swimming in Jack Daniel's, today he's Superman! 1381 01:50:44,560 --> 01:50:49,605 I'm getting my second wind. Sit down, both of you. Good. 1382 01:50:49,773 --> 01:50:51,733 Jessep told Kendrick to order the Code Red... 1383 01:50:51,900 --> 01:50:53,943 ... Kendrick did, our clients followed orders. 1384 01:50:54,111 --> 01:50:59,365 The cover-up isn't our case. To win, Jessep has to say he gave the order. 1385 01:50:59,950 --> 01:51:03,161 - And you can get him to say it? - I think he wants to say it! 1386 01:51:03,329 --> 01:51:06,456 I think he's pissed off he's gotta hide. I think he wants to say... 1387 01:51:06,623 --> 01:51:09,751 ... he made a decision, and that's the end of it! 1388 01:51:09,918 --> 01:51:15,506 He eats breakfast 300 yards from 4000 Cubans that are trained to kill him. 1389 01:51:15,674 --> 01:51:17,759 And no one tells him how to run his unit... 1390 01:51:17,926 --> 01:51:20,845 ... least of all the Harvard mouth in his faggoty white uniform. 1391 01:51:21,013 --> 01:51:25,433 I need to shake him. I'll lead him right where he's dying to go. 1392 01:51:25,601 --> 01:51:28,269 - That's it? That's the plan? - That's the plan. 1393 01:51:28,437 --> 01:51:30,104 How are you going to do it? 1394 01:51:30,272 --> 01:51:33,775 - I have no idea. I need my bat. - Your what? 1395 01:51:33,942 --> 01:51:36,277 I need my bat. I think better with it. Where is it? 1396 01:51:36,445 --> 01:51:39,614 - I put it in the closet. - You put it in the closet? 1397 01:51:39,865 --> 01:51:41,532 I was tripping on it. 1398 01:51:41,700 --> 01:51:43,785 Don't ever put that bat in the closet. 1399 01:51:59,176 --> 01:52:01,844 Stay here. I'm going to the office for a while. 1400 01:52:04,640 --> 01:52:07,225 He does think better with that bat. 1401 01:52:28,664 --> 01:52:33,000 - Hello? - Sam, I need you to do something. 1402 01:52:36,463 --> 01:52:39,757 - What's going on? - Gotta go out to Andrews. 1403 01:53:03,490 --> 01:53:07,785 - Did Sam get the guys? - Yes. 1404 01:53:07,953 --> 01:53:12,248 - Can I talk to you for a second? - Yeah, sure. 1405 01:53:23,302 --> 01:53:24,719 How are you feeling? 1406 01:53:26,138 --> 01:53:30,516 Well, I think Jessep's gonna have his hands full today. 1407 01:53:32,936 --> 01:53:37,315 Listen, Danny, when you're out there today... 1408 01:53:37,483 --> 01:53:44,363 ... if you feel like it's not gonna happen, like he's not going to say it... 1409 01:53:44,531 --> 01:53:49,577 ...don't go for it. You could get into trouble. 1410 01:53:50,329 --> 01:53:54,665 I'm special counsel for Internal Affairs. I'm telling you you could get in trouble. 1411 01:53:54,833 --> 01:54:00,963 You're not suggesting that I back off a material witness? 1412 01:54:01,423 --> 01:54:04,258 If you think you can't get him, yeah. 1413 01:54:06,637 --> 01:54:08,221 All rise! 1414 01:54:13,310 --> 01:54:15,728 - Where's Sam? - He's on his way. 1415 01:54:21,652 --> 01:54:22,902 Call your first witness. 1416 01:54:23,070 --> 01:54:25,530 - Where is he? - He'll be here. Don't worry. 1417 01:54:25,697 --> 01:54:28,449 Lieutenant! Call your witness. 1418 01:54:35,332 --> 01:54:37,750 Defence calls Colonel Nathan Jessep. 1419 01:54:54,351 --> 01:54:57,311 Colonel Jessep, raise your right hand, please, sir. 1420 01:54:57,479 --> 01:55:04,360 Do you swear to tell the truth, the whole truth, and nothing but the truth? 1421 01:55:04,653 --> 01:55:09,073 - Yes, I do. - Have a seat please, sir. 1422 01:55:09,241 --> 01:55:12,493 State your name, rank and current billet for the record. 1423 01:55:13,328 --> 01:55:16,872 Colonel Jessep, Commanding Officer, Marine Ground Forces... 1424 01:55:17,040 --> 01:55:19,083 ...Guantánamo Bay, Cuba. 1425 01:55:19,251 --> 01:55:22,670 - Thank you, sir. - He's not here. 1426 01:55:27,509 --> 01:55:31,053 When you learned of Santiago's letter to the NIS... 1427 01:55:31,221 --> 01:55:34,849 ...you had a meeting with your two senior officers, is that right? 1428 01:55:35,017 --> 01:55:36,851 Yes. 1429 01:55:37,019 --> 01:55:39,687 Platoon Commander Kendrick... 1430 01:55:39,855 --> 01:55:43,566 ...and the executive officer, Lieutenant Colonel Markinson. 1431 01:55:44,109 --> 01:55:45,192 Yes. 1432 01:55:45,360 --> 01:55:49,780 And, at present, Markinson is dead, is that right? 1433 01:55:49,948 --> 01:55:57,371 - What is the counsellor implying? - Simply that Markinson is not alive. 1434 01:55:57,539 --> 01:56:01,208 Surely Colonel Jessep doesn't need to confirm that. 1435 01:56:01,376 --> 01:56:06,464 He may not be aware that Markinson took his own life two days ago. 1436 01:56:06,632 --> 01:56:11,427 The witness, the court and now the court members are aware. 1437 01:56:11,595 --> 01:56:16,557 We thank you for bringing it up. Move on, lieutenant. 1438 01:56:16,725 --> 01:56:18,392 Yes, sir. 1439 01:56:18,560 --> 01:56:22,104 At this meeting, you gave Kendrick an order, right? 1440 01:56:22,272 --> 01:56:26,484 I told him to tell his men not to touch Santiago. 1441 01:56:26,818 --> 01:56:29,528 And did you give an order to Markinson as well? 1442 01:56:29,696 --> 01:56:35,451 I ordered him to have Santiago transferred off the base immediately. 1443 01:56:35,619 --> 01:56:40,831 - Why? - I felt his life might be in danger. 1444 01:56:41,249 --> 01:56:45,586 - Grave danger? - Is there another kind? 1445 01:56:48,507 --> 01:56:52,593 This is the transfer order that you and Markinson co-signed... 1446 01:56:52,761 --> 01:56:56,889 ...ordering that Santiago fly out at 6 the next morning. 1447 01:56:57,057 --> 01:57:02,019 - Was that the first flight off the base? - The 0600 was the first flight. 1448 01:57:06,233 --> 01:57:09,276 - You flew here today, is that right? - Yes. 1449 01:57:09,444 --> 01:57:14,281 - You're wearing your dress uniform. - As are you, lieutenant. 1450 01:57:14,449 --> 01:57:18,994 - Did you wear it on the plane? - Is this dialog relevant to anything? 1451 01:57:19,162 --> 01:57:23,290 We didn't have a chance to depose. I'd ask the court for a little latitude. 1452 01:57:23,458 --> 01:57:27,586 - A very little latitude. - Colonel? 1453 01:57:27,754 --> 01:57:29,672 I wore utilities on the plane. 1454 01:57:29,840 --> 01:57:32,800 - You brought your dress uniform? - Yes. 1455 01:57:32,968 --> 01:57:35,970 - Toothbrush, shaving kit, underwear? - Your Honour! 1456 01:57:36,138 --> 01:57:38,556 Is his underwear a matter of national security? 1457 01:57:38,724 --> 01:57:42,143 Gentlemen. You'd better get somewhere fast with this, lieutenant. 1458 01:57:42,310 --> 01:57:44,311 Yes, sir. Colonel? 1459 01:57:45,188 --> 01:57:49,150 I brought a change of clothes and some personal items. 1460 01:57:49,776 --> 01:57:51,235 Thank you. 1461 01:57:51,403 --> 01:57:54,822 After Dawson and Downey's arrest on the night of the 6th... 1462 01:57:54,990 --> 01:57:59,285 ...Santiago's barracks room was sealed off, and its contents inventoried. 1463 01:57:59,453 --> 01:58:04,039 Four pairs of camouflage pants, three khaki shirts, three pairs of boots. 1464 01:58:04,207 --> 01:58:09,503 - Four pairs green socks- - Is there a question in our future? 1465 01:58:09,838 --> 01:58:12,506 Lieutenant, state your question. 1466 01:58:13,008 --> 01:58:15,801 I'm wondering why Santiago wasn't packed. 1467 01:58:18,388 --> 01:58:21,474 Tell you what, we'll get back to that one in a minute. 1468 01:58:21,641 --> 01:58:25,478 This is a record of all phone calls from your base in the past 24 hours. 1469 01:58:25,645 --> 01:58:28,898 After being subpoenaed, you made three calls. 1470 01:58:29,065 --> 01:58:31,525 Do you recognise those numbers? 1471 01:58:31,693 --> 01:58:37,448 I called Colonel Fitzhughes to let him know I'd be in town. 1472 01:58:37,616 --> 01:58:43,287 The second was to arrange a meeting with Congressman Richman. 1473 01:58:43,455 --> 01:58:48,542 - And the third call was to my sister. - Why did you make that call? 1474 01:58:49,002 --> 01:58:52,046 - I thought she might like to have dinner. - Your Honour. 1475 01:58:52,214 --> 01:58:53,547 I'll put a stop to this. 1476 01:58:53,715 --> 01:58:57,468 These are the phone records from Gitmo for September 6th. 1477 01:58:57,636 --> 01:59:02,932 And these are 14 letters that Santiago wrote in nine months... 1478 01:59:03,099 --> 01:59:06,352 ... requesting, begging for a transfer. 1479 01:59:06,520 --> 01:59:09,313 Upon hearing the news he was getting it... 1480 01:59:09,481 --> 01:59:11,273 ...Santiago was so excited... 1481 01:59:11,441 --> 01:59:15,694 ...you know how many people he called? Zero! Nobody. 1482 01:59:16,112 --> 01:59:19,573 Not one call to his parents, saying he was coming home. 1483 01:59:19,741 --> 01:59:23,202 Not one call to a friend, saying, "Can you pick me up?" 1484 01:59:23,370 --> 01:59:29,416 He was asleep at midnight, and you say he had a flight in six hours. 1485 01:59:29,584 --> 01:59:35,923 Yet everything he owned was in his closet or his footlocker. 1486 01:59:36,091 --> 01:59:39,593 You were leaving for one day, you packed and made three calls. 1487 01:59:39,761 --> 01:59:45,975 Santiago was leaving for the rest of his life... 1488 01:59:46,142 --> 01:59:50,980 ...and he hadn't called a soul, and he hadn't packed a thing. 1489 01:59:54,693 --> 01:59:56,277 Can you explain that? 1490 01:59:59,155 --> 02:00:03,868 Fact is, there was no transfer order. Santiago wasn't going anywhere, right? 1491 02:00:04,035 --> 02:00:09,790 Objection! Lieutenant Kaffee is trying to smear a high-ranking Marine officer... 1492 02:00:09,958 --> 02:00:12,293 ...desperately hoping to suggest impropriety... 1493 02:00:12,460 --> 02:00:14,336 ...and win points with the court. 1494 02:00:14,504 --> 02:00:17,590 I recommend that he be reprimanded... 1495 02:00:17,757 --> 02:00:21,594 ...and the witness be excused with apologies. 1496 02:00:22,178 --> 02:00:28,601 - Overruled. The objection is noted. - Colonel? 1497 02:00:32,689 --> 02:00:37,151 - Is this funny, sir? - No, it's not. It's tragic. 1498 02:00:37,319 --> 02:00:44,158 - Do you have an answer? - Absolutely. I don't have a damn clue. 1499 02:00:44,326 --> 02:00:50,664 Maybe he was an early riser. Maybe he didn't have any friends. 1500 02:00:50,832 --> 02:00:54,251 I'm an educated man, but I can't speak intelligently... 1501 02:00:54,419 --> 02:00:58,005 ...about the travel habits of William Santiago. 1502 02:00:58,173 --> 02:01:02,968 What I do know is that he was set to leave the base at 0600. 1503 02:01:03,803 --> 02:01:08,724 Now, are these really the questions that I was called here to answer? 1504 02:01:08,892 --> 02:01:11,352 Phone calls and foot lockers? 1505 02:01:11,811 --> 02:01:15,147 Please tell me you have something more, lieutenant. 1506 02:01:15,357 --> 02:01:18,943 These two Marines are on trial for their lives. 1507 02:01:19,110 --> 02:01:25,866 Please tell me their lawyer hasn't pinned their hopes to a phone bill. 1508 02:01:26,284 --> 02:01:29,370 Do you have any other questions for me, counsellor? 1509 02:01:38,254 --> 02:01:40,881 Lieutenant Kaffee? 1510 02:01:48,223 --> 02:01:52,559 Lieutenant, do you have anything further for this witness? 1511 02:01:59,359 --> 02:02:04,154 - Thanks, Danny. I love Washington. - Excuse me. I didn't dismiss you. 1512 02:02:05,156 --> 02:02:09,785 I beg your pardon? - I'm not through with my examination. 1513 02:02:09,953 --> 02:02:11,578 Sit down. 1514 02:02:13,415 --> 02:02:15,916 - "Colonel. " - What's that? 1515 02:02:16,084 --> 02:02:20,421 I'd appreciate if he would address me as "colonel" or "sir. " I've earned it. 1516 02:02:21,006 --> 02:02:24,550 Defence counsel will address him "colonel" or "sir". 1517 02:02:24,718 --> 02:02:27,761 I don't know what the hell kind of unit you're running here. 1518 02:02:27,929 --> 02:02:31,515 And the witness will address me as "judge" or "Your Honour. " 1519 02:02:31,683 --> 02:02:33,517 I'm quite certain I've earned it. 1520 02:02:34,269 --> 02:02:38,230 Take your seat, colonel. 1521 02:02:41,401 --> 02:02:45,571 What shall we discuss now? My favourite colour? 1522 02:02:46,573 --> 02:02:49,199 Colonel, the 6 a. m. flight was the first off the base? 1523 02:02:49,367 --> 02:02:50,951 Yes. 1524 02:02:51,119 --> 02:02:55,205 There wasn't one seven hours earlier and landed at Andrews at 2 a. m.? 1525 02:02:55,373 --> 02:02:58,250 I think we've covered this, haven't we? 1526 02:02:59,085 --> 02:03:04,298 These are the tower chief's logs for Guantánamo Bay and Andrews. 1527 02:03:04,799 --> 02:03:10,304 There's no flight at 11 p. m., and no arrival at 2 a. m. 1528 02:03:10,472 --> 02:03:13,807 I'd like to admit them as Defence Exhibits Alpha and Bravo. 1529 02:03:13,975 --> 02:03:17,394 You're admitting evidence of a flight that never existed. 1530 02:03:17,562 --> 02:03:19,980 We believe it did, sir. 1531 02:03:20,148 --> 02:03:26,153 We call Airmen O'Malley and Rodriguez of Andrews Air Base. 1532 02:03:26,321 --> 02:03:33,744 - They weren't on the list. - They are rebuttal witnesses. 1533 02:03:33,912 --> 02:03:36,747 - I'll allow the witnesses. - This is ridiculous! 1534 02:03:37,082 --> 02:03:38,415 Colonel, a moment ago- 1535 02:03:38,583 --> 02:03:44,338 - Check the logs, for chrissake! - We'll get to that in a minute. 1536 02:03:45,423 --> 02:03:51,470 You said you ordered Kendrick to say that Santiago wasn't to be touched. 1537 02:03:51,638 --> 02:03:53,097 That's right. 1538 02:03:53,264 --> 02:03:57,768 - He was clear on what you wanted? - Crystal. 1539 02:03:58,686 --> 02:04:03,023 - Could he have ignored the order? - Ignored the order? 1540 02:04:03,191 --> 02:04:06,193 - Or forgot about it? - No. 1541 02:04:06,361 --> 02:04:10,364 Any chance he could have thought, "The old man is wrong"? 1542 02:04:10,990 --> 02:04:12,366 No. 1543 02:04:12,534 --> 02:04:18,038 When Lt. Kendrick talked to the men, any chance they ignored him? 1544 02:04:19,499 --> 02:04:23,418 - You ever served in the infantry, son? - No, sir. 1545 02:04:23,586 --> 02:04:27,131 - Ever served in a forward area? - No, sir. 1546 02:04:27,549 --> 02:04:32,886 Ever put your life in another man's hands, and his in yours? 1547 02:04:33,054 --> 02:04:34,388 No, sir. 1548 02:04:34,556 --> 02:04:39,101 We follow orders, son. We follow orders or people die. 1549 02:04:39,269 --> 02:04:42,396 It's that simple. Are we clear? 1550 02:04:43,106 --> 02:04:44,356 Yes, sir. 1551 02:04:44,524 --> 02:04:48,902 - Are we clear? - Crystal. 1552 02:04:50,613 --> 02:04:54,825 Just one more question, before I call Airmen O'Malley and Rodriguez. 1553 02:04:56,119 --> 02:05:00,414 If you ordered that Santiago wasn't to be touched... 1554 02:05:00,915 --> 02:05:04,710 ...and your orders are always followed... 1555 02:05:04,878 --> 02:05:09,089 ...then why would Santiago be in danger? 1556 02:05:10,049 --> 02:05:13,760 Why would it be necessary to transfer him off the base? 1557 02:05:19,559 --> 02:05:23,854 Santiago was a substandard Marine. He was being transferred- 1558 02:05:24,022 --> 02:05:27,983 You said he was being transferred because he was in grave danger. 1559 02:05:28,151 --> 02:05:30,277 - That's correct. - You said he was in danger. 1560 02:05:30,445 --> 02:05:32,613 - I said, "grave danger?" You said- - I recall- 1561 02:05:32,780 --> 02:05:34,281 I can have the reporter read- 1562 02:05:34,449 --> 02:05:37,367 I know what I said! I don't have to have it read back- 1563 02:05:37,535 --> 02:05:41,038 Then why the two orders? Colonel? 1564 02:05:43,166 --> 02:05:45,626 Sometimes men take matters into their own hands. 1565 02:05:45,793 --> 02:05:48,712 No, sir. You made it clear your men never do. 1566 02:05:48,880 --> 02:05:53,592 Your men follow orders or people die. So Santiago wasn't in danger, right? 1567 02:05:53,760 --> 02:05:55,886 You snotty little bastard. 1568 02:05:56,054 --> 02:05:59,264 - Your Honour, I ask for a recess. - I'd like an answer. 1569 02:05:59,432 --> 02:06:01,225 The court will wait for an answer. 1570 02:06:02,060 --> 02:06:07,856 If Lt. Kendrick gave an order that Santiago wasn't to be touched... 1571 02:06:08,024 --> 02:06:12,277 ...why did he have to be transferred? Colonel? 1572 02:06:12,445 --> 02:06:16,198 Kendrick ordered a Code Red because that's what you told him to do! 1573 02:06:16,366 --> 02:06:17,491 Object! 1574 02:06:17,659 --> 02:06:23,872 And when it went bad, you signed a phoney transfer and doctored the logs! 1575 02:06:24,040 --> 02:06:25,707 You coerced the doctor! 1576 02:06:25,875 --> 02:06:29,002 Colonel Jessep, did you order the Code Red? 1577 02:06:29,170 --> 02:06:32,422 - You don't have to answer that. - I'll answer the question. 1578 02:06:32,590 --> 02:06:34,841 - You want answers? - I think I'm entitled! 1579 02:06:35,009 --> 02:06:37,261 - You want answers? - I want the truth! 1580 02:06:37,428 --> 02:06:40,555 You can't handle the truth! 1581 02:06:40,723 --> 02:06:45,018 Son, we live in a world that has walls, and those walls have to be guarded. 1582 02:06:45,186 --> 02:06:49,690 Who's gonna do it? You? You, Lieutenant Weinberg? 1583 02:06:49,857 --> 02:06:53,694 I have a greater responsibility than you can possible fathom. 1584 02:06:53,861 --> 02:06:57,197 You weep for Santiago and you curse the Marines. 1585 02:06:57,365 --> 02:07:01,201 You have that luxury. The luxury of not knowing what I know: 1586 02:07:01,369 --> 02:07:05,330 That Santiago's death, while tragic, probably saved lives. 1587 02:07:05,498 --> 02:07:11,295 And my existence, while grotesque and incomprehensible to you, saves lives! 1588 02:07:11,462 --> 02:07:13,422 You don't want the truth because deep down... 1589 02:07:13,589 --> 02:07:15,716 ... in places you don't talk about at parties... 1590 02:07:15,883 --> 02:07:20,595 ...you want me on that wall. You need me on that wall. 1591 02:07:20,763 --> 02:07:25,267 We use words like honour, code, loyalty. 1592 02:07:25,435 --> 02:07:28,854 We use them as the backbone of a life spent defending something. 1593 02:07:29,022 --> 02:07:31,064 You use them as a punchline! 1594 02:07:31,232 --> 02:07:34,985 I have neither the time nor inclination to explain myself... 1595 02:07:35,153 --> 02:07:39,614 ...to a man who rises and sleeps under the blanket of the freedom I provide... 1596 02:07:39,782 --> 02:07:42,159 ...then questions the manner in which I provide it! 1597 02:07:42,327 --> 02:07:45,370 I would rather you just said "thank you" and went on your way. 1598 02:07:45,538 --> 02:07:49,291 Otherwise, I suggest you pick up a weapon and stand a post. 1599 02:07:49,459 --> 02:07:54,254 Either way, I don't give a damn what you think you are entitled to! 1600 02:07:54,422 --> 02:07:56,923 - Did you order the Code Red? - I did the job- 1601 02:07:57,091 --> 02:08:00,427 - Did you order the Code Red? - You're goddamn right I did! 1602 02:08:11,481 --> 02:08:14,316 I suggest the members be dismissed... 1603 02:08:14,484 --> 02:08:17,903 ...so we can move to an article 39A session. 1604 02:08:18,071 --> 02:08:22,699 - The witness has rights. - Captain Ross? 1605 02:08:27,246 --> 02:08:28,872 Jack? 1606 02:08:33,878 --> 02:08:37,255 The members of the court will retire until further instructed. 1607 02:08:37,965 --> 02:08:39,925 All rise. 1608 02:08:40,468 --> 02:08:42,761 What the hell is this? 1609 02:08:42,929 --> 02:08:46,515 Colonel, what's going on? I did my job, I'd do it again. 1610 02:08:46,682 --> 02:08:51,478 - I'm going back to my base. - You're not going anywhere. 1611 02:08:51,646 --> 02:08:55,941 - MP's, guard the colonel! - Yes, sir. 1612 02:08:57,193 --> 02:08:59,861 - Captain Ross. - What the hell is this? 1613 02:09:00,113 --> 02:09:02,489 Colonel Jessep, you have the right to remain silent. 1614 02:09:02,657 --> 02:09:07,077 I'm being charged with a crime? Is that what this is? 1615 02:09:07,245 --> 02:09:10,497 I'm being charged with a crime? 1616 02:09:10,665 --> 02:09:14,709 This is funny, that's what this is! This is- 1617 02:09:14,877 --> 02:09:18,171 I'm gonna rip the eyes out of your head and piss in your dead skull! 1618 02:09:18,339 --> 02:09:20,257 You fucked with the wrong Marine! 1619 02:09:20,425 --> 02:09:24,886 Colonel Jessep, do you understand your rights? 1620 02:09:29,851 --> 02:09:32,477 You fucking people. 1621 02:09:32,645 --> 02:09:35,522 You have no idea how to defend a nation. 1622 02:09:36,190 --> 02:09:41,153 All you did was weaken a country today, Kaffee! That's all you did. 1623 02:09:41,320 --> 02:09:46,324 You put peoples' lives in danger. Sweet dreams, son. 1624 02:09:46,492 --> 02:09:48,535 Don't call me son. 1625 02:09:48,703 --> 02:09:52,873 I'm a lawyer, and an officer in the United States Navy. 1626 02:09:53,040 --> 02:09:55,876 And you're under arrest, you son of a bitch. 1627 02:10:00,047 --> 02:10:02,174 The witness is excused. 1628 02:10:24,280 --> 02:10:27,741 All rise! 1629 02:10:36,876 --> 02:10:41,588 - Have you reached a verdict? - We have, sir. 1630 02:10:52,308 --> 02:10:57,854 Lance Corporal Dawson, Private First Class Downey. 1631 02:10:59,023 --> 02:11:03,276 On the charge of murder, the members find the accused... 1632 02:11:03,444 --> 02:11:05,695 ... not guilty. 1633 02:11:06,447 --> 02:11:10,325 On the charge of conspiracy to commit murder... 1634 02:11:10,493 --> 02:11:15,747 ...the members find the accused not guilty. 1635 02:11:16,624 --> 02:11:20,752 On the charge of conduct unbecoming a United States Marine... 1636 02:11:20,920 --> 02:11:26,841 ...the members find the accused guilty as charged. 1637 02:11:28,219 --> 02:11:31,471 The accused are sentenced to time already served... 1638 02:11:31,639 --> 02:11:36,434 ...and are ordered to be dishonourably discharged from the Marine Corps. 1639 02:11:37,687 --> 02:11:40,063 This court-martial is adjourned. 1640 02:11:40,231 --> 02:11:41,898 All rise. 1641 02:11:57,498 --> 02:12:00,000 What did that mean? 1642 02:12:01,794 --> 02:12:04,629 Hal? 1643 02:12:04,797 --> 02:12:07,841 What did that mean? 1644 02:12:09,969 --> 02:12:15,015 I don't understand. Colonel Jessep said he ordered the Code Red. 1645 02:12:15,182 --> 02:12:19,436 - He ordered it. What did we do wrong? - It's not that simple. 1646 02:12:19,604 --> 02:12:23,356 - We did nothing wrong! - Yeah, we did. 1647 02:12:26,444 --> 02:12:31,364 We were supposed to fight for people who couldn't fight for themselves. 1648 02:12:31,532 --> 02:12:34,159 We were supposed to fight for Willy. 1649 02:12:40,541 --> 02:12:46,463 Lieutenant Kaffee, I have to take these men for some paperwork. 1650 02:12:55,431 --> 02:12:58,391 Harold? 1651 02:13:00,519 --> 02:13:03,355 Sir? 1652 02:13:03,522 --> 02:13:06,066 You don't need a patch on your arm to have honour. 1653 02:13:09,779 --> 02:13:14,741 Ten-hut! There's an officer on deck. 1654 02:13:39,558 --> 02:13:44,896 O'Malley and Rodriguez, what exactly could they testify to? 1655 02:13:45,064 --> 02:13:50,193 Probably that they had absolutely no recollection of anything. 1656 02:13:50,361 --> 02:13:55,198 - Strong witnesses. - And handsome too, didn't you think? 1657 02:13:55,366 --> 02:13:57,909 I'll see you around. I gotta go arrest Kendrick. 1658 02:13:58,077 --> 02:14:00,537 Tell him I say hi. 1659 02:14:00,705 --> 02:14:04,791 Will do. 148358

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