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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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