1 00:00:06,300 --> 00:00:07,790 In the criminal justice system 2 00:00:08,140 --> 00:00:11,730 the people are represented by two separate yet equally important groups, 3 00:00:12,070 --> 00:00:13,800 the police who investigate crime 4 00:00:13,940 --> 00:00:16,380 and the district attorneys who prosecute the offenders. 5 00:00:16,810 --> 00:00:17,900 These are their stories. 6 00:00:20,350 --> 00:00:22,650 This is crazy. You can't leave. 7 00:00:22,720 --> 00:00:24,710 I can't stay. Even with the work-study, 8 00:00:24,790 --> 00:00:26,620 I won't make my next tuition installment. 9 00:00:28,260 --> 00:00:29,250 Taxi! 10 00:00:29,320 --> 00:00:30,990 I'll get you the money, okay? 11 00:00:31,630 --> 00:00:32,820 I got something big lined up. 12 00:00:32,890 --> 00:00:35,450 Don't worry about me. Just take care of yourself. 13 00:00:36,160 --> 00:00:38,000 Excuse me, you spare something? 14 00:00:38,070 --> 00:00:39,060 Beat it! 15 00:00:43,510 --> 00:00:44,870 Everything's going to be all right. 16 00:00:46,810 --> 00:00:47,800 I love you. 17 00:00:50,680 --> 00:00:51,770 Call me, okay? 18 00:01:05,890 --> 00:01:06,880 You a Marine? 19 00:01:08,430 --> 00:01:09,420 Yeah. 20 00:01:17,210 --> 00:01:18,470 Here, take it all. You serious? 21 00:01:18,540 --> 00:01:19,560 Yeah. 22 00:01:21,280 --> 00:01:22,270 Thanks, buddy. 23 00:01:23,310 --> 00:01:24,300 God bless. 24 00:01:26,450 --> 00:01:27,640 Two in the chest. 25 00:01:27,850 --> 00:01:30,980 Student biking through the alley heard the shots around 21:10. 26 00:01:31,290 --> 00:01:32,550 Patrol got here quick. 27 00:01:32,750 --> 00:01:36,550 Faculty parking garage. Not exactly ground zero for gun crime. 28 00:01:36,890 --> 00:01:38,620 You secure the area? First thing. 29 00:01:38,690 --> 00:01:40,630 No ins or outs till you release the scene. 30 00:01:40,700 --> 00:01:43,320 No wallet or ID, but we've got a dormitory keycard. 31 00:01:44,330 --> 00:01:45,920 Let's see what else he's got. 32 00:01:49,270 --> 00:01:51,860 Looks like he was a business major. 33 00:01:52,540 --> 00:01:54,570 Yeah, minoring in herbology. 34 00:01:55,010 --> 00:01:56,410 Looks like the campus dope dealer. 35 00:01:57,610 --> 00:02:01,100 Mark his report card "D" for deceased. 36 00:02:51,100 --> 00:02:52,930 Dealers. Good riddance. 37 00:02:53,300 --> 00:02:55,900 There's a bunch of Latinos over on 125th, 38 00:02:55,970 --> 00:02:57,800 my guys keep them off campus. 39 00:02:58,410 --> 00:03:01,070 We're going to need the security videos for the garage. 40 00:03:01,210 --> 00:03:02,840 Uh, there's only one camera. 41 00:03:03,080 --> 00:03:04,410 It covers the exit. 42 00:03:04,580 --> 00:03:06,480 But the rains this summer knocked it out of commission. 43 00:03:06,550 --> 00:03:09,350 Okay, we'll need a list of all the faculty who park there. 44 00:03:09,420 --> 00:03:10,410 That I got. 45 00:03:11,150 --> 00:03:12,140 Okay, it's ready. 46 00:03:12,650 --> 00:03:14,590 And your John Doe is... 47 00:03:16,590 --> 00:03:17,650 Hayley Kozlow. 48 00:03:20,530 --> 00:03:22,590 It's Greg. Greg Tanner. 49 00:03:24,130 --> 00:03:25,360 He's been crashing here. 50 00:03:26,470 --> 00:03:27,530 I can't believe this. 51 00:03:29,440 --> 00:03:30,430 How do you know him? 52 00:03:30,670 --> 00:03:32,040 We met at the cafeteria. 53 00:03:32,670 --> 00:03:35,110 He's not a student or anything. He said he had a sister here. 54 00:03:35,480 --> 00:03:37,140 He was mature and nice. 55 00:03:39,450 --> 00:03:40,440 Really nice. 56 00:03:40,750 --> 00:03:42,610 His duffel bag is military issue. 57 00:03:43,080 --> 00:03:44,480 - Was he in the service? - Yeah. 58 00:03:45,690 --> 00:03:47,550 Um, Greg said he had nightmares from it. 59 00:03:48,520 --> 00:03:49,990 But we didn't talk much, you know? 60 00:03:50,590 --> 00:03:51,820 You talk about this? 61 00:03:52,290 --> 00:03:56,350 Oh, my God. If I knew about that, I swear, he would've been gone. 62 00:03:56,700 --> 00:03:58,330 Was anyone giving him trouble? 63 00:03:58,600 --> 00:03:59,590 I don't know. 64 00:03:59,830 --> 00:04:01,890 Last Saturday, I saw him outside of Rocco's. 65 00:04:01,970 --> 00:04:04,130 He was getting into it with some Hispanic guy, 66 00:04:04,610 --> 00:04:05,600 but Greg said it was nothing. 67 00:04:08,640 --> 00:04:09,700 We got a winner. 68 00:04:10,280 --> 00:04:11,800 Wait here. Hey. 69 00:04:11,980 --> 00:04:14,970 The M.E.'s confirming that there's no stippling or powder burns on Tanner, 70 00:04:15,050 --> 00:04:17,140 so figure he was shot from at least three feet away. 71 00:04:17,220 --> 00:04:18,210 Mmm-hmm. 72 00:04:18,320 --> 00:04:20,950 There's a young woman downstairs, just in from Pittsburgh, 73 00:04:21,020 --> 00:04:22,280 looks very upset. 74 00:04:22,360 --> 00:04:24,090 That's the sister of our campus dealer. 75 00:04:24,160 --> 00:04:26,220 Do we have any progress to report to her? 76 00:04:26,290 --> 00:04:29,630 Uh, a witness picked out this guy as someone Tanner was having a beef with. 77 00:04:29,930 --> 00:04:32,590 Manny Lopez, works with a drug crew on 125th. 78 00:04:32,670 --> 00:04:34,290 So maybe this was a turf dispute. 79 00:04:34,370 --> 00:04:36,890 Well, slugs came back to a.22, but they're fragmented. 80 00:04:36,970 --> 00:04:40,240 Even if we do find a weapon, matching ballistics will be iffy. 81 00:04:40,510 --> 00:04:42,270 All right. Let's go talk to Ms. Tanner. 82 00:04:44,680 --> 00:04:46,910 Oh, my God, my big brother. 83 00:04:48,520 --> 00:04:50,350 When was the last time you saw him? 84 00:04:51,820 --> 00:04:53,290 It was two days ago. 85 00:04:54,060 --> 00:04:56,790 I had to leave school. My financial aid fell through. 86 00:04:57,960 --> 00:04:59,930 Greg said not to go, that he'd help me. 87 00:05:01,760 --> 00:05:03,890 Megan, how did he end up living on campus? 88 00:05:05,030 --> 00:05:06,160 It was because of me. 89 00:05:06,870 --> 00:05:10,070 After he got out of the service, he had no place else to go. 90 00:05:10,610 --> 00:05:13,470 My mom's at a home in Pittsburgh. She's got Parkinson's. 91 00:05:13,680 --> 00:05:15,300 Dad died when I was 10. 92 00:05:16,140 --> 00:05:18,610 Greg joined the Marines so he could be like him. 93 00:05:20,950 --> 00:05:21,940 Here. 94 00:05:25,150 --> 00:05:26,680 He never said where they sent him, 95 00:05:27,260 --> 00:05:28,950 but me and my mom would get e-mails, 96 00:05:29,960 --> 00:05:31,690 a phone call at Christmas. 97 00:05:32,060 --> 00:05:35,030 Then he showed up at my dorm one day. He'd been discharged. 98 00:05:36,800 --> 00:05:38,230 But he didn't come back the same guy. 99 00:05:39,370 --> 00:05:40,490 How was he different? 100 00:05:41,370 --> 00:05:42,670 He got anxious a lot. 101 00:05:44,470 --> 00:05:47,740 He needed help, but I think he was having problems getting his Army benefits. 102 00:05:48,140 --> 00:05:51,370 Megan, do you know what your brother was doing on campus? 103 00:05:52,010 --> 00:05:53,840 I think auditing classes. 104 00:05:54,820 --> 00:05:56,410 I didn't see him much the last few weeks. 105 00:05:57,620 --> 00:05:58,610 Why? 106 00:05:58,850 --> 00:06:00,980 We believe he was dealing drugs. 107 00:06:02,690 --> 00:06:03,680 Oh, God. 108 00:06:05,190 --> 00:06:06,180 Greg. 109 00:06:07,860 --> 00:06:11,530 He met this girl. I wanted to give him space. I should've... 110 00:06:13,200 --> 00:06:14,830 Oh, my God, I lost him. 111 00:06:15,840 --> 00:06:16,960 Excuse me. 112 00:06:26,210 --> 00:06:27,770 The last time you saw your brother, 113 00:06:29,380 --> 00:06:30,720 what did the two of you talk about? 114 00:06:33,350 --> 00:06:35,720 He said he'd get me money for school. 115 00:06:36,720 --> 00:06:38,320 That he was working on something big. 116 00:06:41,800 --> 00:06:43,350 The woman has seen it all. 117 00:06:43,870 --> 00:06:46,770 Now one tale of woe and she suddenly goes soft? 118 00:06:46,830 --> 00:06:48,700 You know, if she hears you talking like this, 119 00:06:48,770 --> 00:06:50,470 you're gonna be eating through a straw. 120 00:06:50,540 --> 00:06:52,100 Now, that's the Lieutenant I know. 121 00:06:53,070 --> 00:06:56,740 The something big the sister mentioned could have been a drug score, 122 00:06:57,150 --> 00:06:59,880 could be how Tanner got himself into a beef with the competition. 123 00:06:59,950 --> 00:07:01,850 So they ambush him in the faculty garage? 124 00:07:02,650 --> 00:07:04,050 Or maybe they followed him there? 125 00:07:05,320 --> 00:07:07,410 Eh, could be he was meeting a client. 126 00:07:07,790 --> 00:07:09,020 Professor Pothead. 127 00:07:09,760 --> 00:07:11,190 Take this guy, for example, 128 00:07:11,490 --> 00:07:14,480 a law professor by the name of Kevin Franklin. 129 00:07:14,700 --> 00:07:18,290 In the garage every day at 1:00, out by 9:15, 130 00:07:18,770 --> 00:07:20,700 except the day that Tanner's killed. 131 00:07:21,170 --> 00:07:23,660 Yeah? Franklin breaks his pattern, 132 00:07:23,970 --> 00:07:27,670 leaves his car in the garage overnight, drives it out the next day at noon. 133 00:07:32,010 --> 00:07:33,240 He looks vaguely familiar. 134 00:07:34,050 --> 00:07:35,380 I might've seen him around campus. 135 00:07:35,520 --> 00:07:38,490 How about the faculty garage Wednesday night? Say, around 9:00? 136 00:07:38,690 --> 00:07:39,950 I wasn't in the garage Wednesday. 137 00:07:40,560 --> 00:07:43,050 If you'll excuse me, I have a class of law students waiting. 138 00:07:43,190 --> 00:07:45,720 Actually, we have a few more questions. 139 00:07:46,090 --> 00:07:47,120 You'll have to call me later. 140 00:07:47,730 --> 00:07:48,960 Not so fast, Professor. 141 00:07:49,200 --> 00:07:51,460 We believe that you were in that garage, 142 00:07:51,530 --> 00:07:53,800 maybe to do a little business with Mr. Tanner. 143 00:07:53,900 --> 00:07:54,930 Business? 144 00:07:55,000 --> 00:07:56,900 Score a little pot for your weekend barbecue. 145 00:07:57,140 --> 00:07:59,610 Are you kidding me? I used to work for the Department of Justice. 146 00:07:59,670 --> 00:08:01,870 Look, we don't care if you like the occasional joint. 147 00:08:02,080 --> 00:08:03,070 Well, I don't. 148 00:08:03,240 --> 00:08:05,610 And if I saw something, I assure you, I know my obligations. 149 00:08:05,680 --> 00:08:06,810 But I wasn't in the garage. 150 00:08:06,950 --> 00:08:09,380 Then tell us why you left your car there overnight Wednesday. 151 00:08:09,650 --> 00:08:11,210 I finished teaching my class around 9:00. 152 00:08:11,290 --> 00:08:13,750 I went to Wordplay on Amsterdam to buy a book. 153 00:08:14,090 --> 00:08:15,080 What book? 154 00:08:15,160 --> 00:08:17,720 John Rawls' Theory of Justice, the new annotated edition. 155 00:08:17,790 --> 00:08:19,920 You buy it? No. There was a line at the cashier, 156 00:08:19,990 --> 00:08:22,720 so I walked back to the garage. But the police had already sealed it off. 157 00:08:23,260 --> 00:08:24,250 What time was this? 158 00:08:24,630 --> 00:08:26,430 Just after 9:30, I guess. 159 00:08:26,500 --> 00:08:28,440 My wife was waiting up, so I got a cab to Grand Central 160 00:08:28,500 --> 00:08:30,900 and caught the last Metro-North to Hastings. 161 00:08:34,140 --> 00:08:36,170 Right, the new Rawls edition came in last week. 162 00:08:36,410 --> 00:08:38,940 What kind of traffic did you have at the register Wednesday night? 163 00:08:39,050 --> 00:08:41,170 Traffic? You're joking, right? 164 00:08:41,620 --> 00:08:43,110 This place is dead after dinner. 165 00:08:44,320 --> 00:08:46,050 Dead. Great. 166 00:08:47,050 --> 00:08:49,820 Hey, just ran Kevin Franklin through the system. 167 00:08:49,960 --> 00:08:51,980 He was arrested in Hastings last year, 168 00:08:52,490 --> 00:08:54,690 get this, on a CPW. 169 00:08:54,760 --> 00:08:56,730 A CPW. How sweet is that? 170 00:08:57,470 --> 00:09:01,160 Mr. Franklin got into a fender-bender on North Street with a Max Epstein. 171 00:09:01,500 --> 00:09:02,560 And the CPW? 172 00:09:03,000 --> 00:09:04,770 Epstein claimed Franklin flashed a weapon. 173 00:09:04,840 --> 00:09:08,070 That was an exaggeration, but Franklin was carrying a piece in a hip holster. 174 00:09:08,140 --> 00:09:11,630 He said he had a carry permit, but he couldn't produce it, so the officer took him in. 175 00:09:12,010 --> 00:09:13,880 - Did he have a permit? - Turns out he did. 176 00:09:14,120 --> 00:09:16,780 Full carry for Westchester, and a special permit for New York City. 177 00:09:16,920 --> 00:09:17,940 The charge was dropped. 178 00:09:18,050 --> 00:09:19,250 What kind of weapon did he have? 179 00:09:19,320 --> 00:09:20,950 .22 caliber Smith and Wesson. 180 00:09:22,720 --> 00:09:23,990 Sweeter and sweeter. 181 00:09:27,430 --> 00:09:28,990 Franklin's alibi doesn't hold up. 182 00:09:29,060 --> 00:09:30,930 Plus, he got his timeline wrong. 183 00:09:31,100 --> 00:09:33,570 Yeah, Franklin said he couldn't get his car at 9:30 184 00:09:33,630 --> 00:09:35,300 because the garage was sealed off, 185 00:09:35,370 --> 00:09:38,630 but the first unit wasn't on the scene until 9:45. 186 00:09:39,070 --> 00:09:40,670 So tell me why he killed Greg Tanner. 187 00:09:40,840 --> 00:09:44,540 Money. Greg told his sister he was working on something big. 188 00:09:45,010 --> 00:09:47,310 Our guess is he tried his hand at blackmail. 189 00:09:47,480 --> 00:09:50,140 Franklin's a tenure-track assistant professor of law. 190 00:09:50,220 --> 00:09:52,810 Comes out he's buying pot, he's got a lot to lose. 191 00:09:53,090 --> 00:09:54,880 Academic post, law license... 192 00:09:55,060 --> 00:09:58,220 None of which adds up to probable cause for a warrant for his gun. 193 00:09:58,360 --> 00:10:00,620 We can always say, "Pretty please with a cherry on top." 194 00:10:01,260 --> 00:10:02,790 Call me when you have some PC. 195 00:10:04,730 --> 00:10:07,700 Look, you guys need to tie Franklin to Tanner. 196 00:10:08,100 --> 00:10:10,830 Calls, meetings, evidence of bad blood... 197 00:10:14,340 --> 00:10:15,600 I have to take this. 198 00:10:17,910 --> 00:10:21,350 Look, this case won't clear itself with you guys sitting on your ass. 199 00:10:22,380 --> 00:10:23,370 Hey. 200 00:10:24,590 --> 00:10:26,990 I never heard Greg mention a Professor Franklin. 201 00:10:27,360 --> 00:10:29,950 Conflict of Laws. Civil Rights. You want to be a lawyer? 202 00:10:30,790 --> 00:10:31,850 Those are Greg's. 203 00:10:32,830 --> 00:10:34,990 Is there anything else up there that belongs to him? 204 00:10:35,830 --> 00:10:36,990 That folder's not mine. 205 00:10:38,470 --> 00:10:40,260 Hey, I gotta go to a spin class, okay? 206 00:10:40,330 --> 00:10:41,630 Just don't mess with my stuff. 207 00:10:41,870 --> 00:10:43,630 Got you. Have fun spinning. 208 00:10:44,940 --> 00:10:45,930 Oh... 209 00:10:47,170 --> 00:10:48,160 Look at this. 210 00:10:48,710 --> 00:10:52,270 Course syllabus for Franklin's Con Law classes. 211 00:10:52,880 --> 00:10:53,870 And this. 212 00:10:56,520 --> 00:10:57,920 I need your help with the VA. 213 00:10:58,420 --> 00:10:59,610 If you'll just go on record. 214 00:10:59,850 --> 00:11:01,520 I don't know what you're talking about. 215 00:11:01,590 --> 00:11:04,180 I can't do this without you. Please. You owe me. 216 00:11:04,490 --> 00:11:05,820 Get that thing out of my face. 217 00:11:09,730 --> 00:11:12,220 That bad blood seems to be about the Veterans' Administration. 218 00:11:12,370 --> 00:11:14,770 Tanner's sister said he was having trouble getting benefits. 219 00:11:18,310 --> 00:11:21,710 Sergeant Tanner received counseling for 30 days, post-discharge. 220 00:11:21,780 --> 00:11:24,240 After that, his temporary benefits lapsed. 221 00:11:24,550 --> 00:11:25,880 What was the counseling for? 222 00:11:26,080 --> 00:11:27,270 Come on, you know I can't get into that. 223 00:11:27,350 --> 00:11:29,780 How about what type of discharge he got? That's not classified. 224 00:11:29,850 --> 00:11:32,820 He got a 513 discharge, separation from service 225 00:11:32,890 --> 00:11:34,950 due to a pre-existing personality disorder. 226 00:11:35,020 --> 00:11:38,360 Pre-existing, meaning whatever was wrong with him wasn't service-connected. 227 00:11:38,430 --> 00:11:40,860 Meaning the military's not on the hook for his long-term care. 228 00:11:40,960 --> 00:11:42,020 That's how it works. 229 00:11:42,100 --> 00:11:44,500 Oh, man. A guy humps it for his country for eight years, 230 00:11:44,570 --> 00:11:47,330 he comes home, and then Uncle Sam just kicks him to the curb. 231 00:11:47,400 --> 00:11:49,030 Does that seem fair, Doc? No. 232 00:11:49,570 --> 00:11:52,630 Not for a soldier who acquired post-traumatic stress disorder 233 00:11:52,710 --> 00:11:54,610 from doing guard duty at Abu Ghraib. 234 00:11:55,680 --> 00:11:57,010 Greg was guarding terrorists? 235 00:11:57,650 --> 00:11:59,340 He said what he saw kept him up nights. 236 00:12:02,850 --> 00:12:06,380 From the stuff that Tanner has underlined, looks like he was preparing a lawsuit 237 00:12:06,450 --> 00:12:08,250 to have his benefits reinstated. 238 00:12:08,320 --> 00:12:09,760 And he wanted Franklin to represent him? 239 00:12:10,320 --> 00:12:11,720 Can I get your attention? 240 00:12:12,330 --> 00:12:13,320 Please. 241 00:12:15,030 --> 00:12:16,190 Uh... 242 00:12:16,260 --> 00:12:19,360 Listen, last week, I was diagnosed with cancer. 243 00:12:20,170 --> 00:12:23,300 It's manageable, but I have to start treatment immediately. 244 00:12:24,000 --> 00:12:27,000 I'm telling you this because I'll be coming and going more than usual, 245 00:12:27,070 --> 00:12:29,630 and I don't want any tongues wagging. 246 00:12:30,280 --> 00:12:34,300 Oh, and before I forget, the Chief of Ds is coming down hard on the fives, 247 00:12:34,620 --> 00:12:36,140 or should I say the lack of them. 248 00:12:36,520 --> 00:12:39,150 You're all big boys and girls, so get them done on time. 249 00:12:41,560 --> 00:12:42,650 Uh, Lieu? 250 00:12:43,120 --> 00:12:44,280 Yeah, what you got? 251 00:12:44,460 --> 00:12:45,890 It looks like Tanner was after Franklin 252 00:12:45,960 --> 00:12:48,690 to help him sue the government over his veteran benefits. 253 00:12:48,760 --> 00:12:52,100 Except Franklin's a constitutional scholar, not a benefits expert. 254 00:12:52,200 --> 00:12:55,330 Well, talk to some of Franklin's colleagues, see what they know. 255 00:12:55,740 --> 00:12:57,360 Hey, Lieu? Yeah? 256 00:12:58,810 --> 00:12:59,800 Sorry. 257 00:13:01,140 --> 00:13:02,130 Yeah. 258 00:13:09,350 --> 00:13:11,840 Professor Franklin never mentioned a Greg Tanner. 259 00:13:11,920 --> 00:13:14,220 I highly doubt that he'd have anything to do with a drug dealer. 260 00:13:14,290 --> 00:13:16,310 He's wound tighter than a Swiss watch. 261 00:13:16,390 --> 00:13:18,020 He sounds pretty tough to get along with. 262 00:13:18,190 --> 00:13:19,350 He's very competitive. 263 00:13:19,990 --> 00:13:23,520 We're both up for tenure, except I don't have his fancy government pedigree. 264 00:13:24,130 --> 00:13:27,230 Not that I'm suggesting that he's unqualified, mind you. 265 00:13:27,640 --> 00:13:29,570 Just that he's very well-connected. 266 00:13:30,300 --> 00:13:31,290 He must be. 267 00:13:31,640 --> 00:13:34,200 Not too many law professors carry permits for handguns. 268 00:13:34,280 --> 00:13:36,680 That's because of the work he did for the Department of Justice. 269 00:13:36,780 --> 00:13:38,470 What kind of work, drug enforcement? 270 00:13:38,610 --> 00:13:39,740 No. All I can tell you 271 00:13:39,810 --> 00:13:41,940 is that a number of Bush administration documents 272 00:13:42,020 --> 00:13:43,640 have recently been declassified, 273 00:13:44,420 --> 00:13:46,440 including a few memos that Franklin wrote. 274 00:13:47,560 --> 00:13:49,520 And you didn't hear it from me. 275 00:13:53,990 --> 00:13:58,620 "Techniques That May Be Used in Interrogation of High-value Al-Qaeda Detainees." 276 00:13:59,130 --> 00:14:00,600 Now there's a sexy title. 277 00:14:01,370 --> 00:14:04,240 These de-classified documents are all about handling terrorist suspects. 278 00:14:04,570 --> 00:14:05,660 This one says 279 00:14:05,740 --> 00:14:08,870 the President can send the Army into American neighborhoods to make arrests. 280 00:14:08,980 --> 00:14:10,710 Now here's one that Franklin wrote. 281 00:14:11,510 --> 00:14:14,480 "Legal Standards Governing the Detention and Interrogation 282 00:14:14,550 --> 00:14:16,520 "of Unlawful Enemy Combatants," 283 00:14:16,780 --> 00:14:19,180 the entire playbook for GITMO and Abu Ghraib. 284 00:14:19,320 --> 00:14:22,450 The playbook that set the working conditions for guards like Tanner, 285 00:14:22,820 --> 00:14:25,350 the conditions that caused his post-traumatic stress. 286 00:14:25,890 --> 00:14:27,160 Tanner might have seen it that way. 287 00:14:27,430 --> 00:14:29,950 And blame Franklin. He said Franklin owed him, 288 00:14:30,360 --> 00:14:32,030 maybe this was the payday Tanner was talking about, 289 00:14:32,100 --> 00:14:34,330 money from Franklin for his pain and suffering. 290 00:14:34,740 --> 00:14:35,860 There's your bad blood. 291 00:14:36,070 --> 00:14:37,730 And our probable cause for a search. 292 00:14:37,970 --> 00:14:38,960 Let's go. 293 00:14:40,210 --> 00:14:42,610 Connie, I think we've got our PC on Franklin. 294 00:14:42,780 --> 00:14:44,270 You guys are about five minutes late. 295 00:14:45,080 --> 00:14:46,510 Come on in, Detectives. 296 00:14:46,980 --> 00:14:50,140 Professor Franklin here just confessed to shooting Greg Tanner. 297 00:14:50,620 --> 00:14:52,020 He even brought the gun. 298 00:14:52,090 --> 00:14:53,950 Professor Franklin was being stalked 299 00:14:54,320 --> 00:14:57,760 by a mentally disturbed lunatic who had accosted him in a stairwell. 300 00:14:57,990 --> 00:15:00,120 If this office intends to file charges, 301 00:15:00,290 --> 00:15:02,630 my client will be arguing self-defense. 302 00:15:03,160 --> 00:15:05,260 Of myself and my country. 303 00:15:12,910 --> 00:15:14,000 A plea? 304 00:15:14,070 --> 00:15:17,270 First, you push for a million in bail, and now you expect us to take a plea? 305 00:15:17,710 --> 00:15:19,010 We're here as a courtesy, 306 00:15:19,450 --> 00:15:22,710 to give you a chance to drop this charge before we publicly embarrass you. 307 00:15:23,050 --> 00:15:25,990 He shot an unarmed war veteran from three feet away, 308 00:15:26,050 --> 00:15:27,880 and we're the ones who're supposed to be embarrassed? 309 00:15:27,990 --> 00:15:31,010 He shot a trained killer who blamed him for his mental problems, 310 00:15:31,090 --> 00:15:34,030 demanded money and then threatened him when he said no. 311 00:15:34,430 --> 00:15:36,090 It's a perfect case of self-defense, 312 00:15:36,160 --> 00:15:38,790 except for the running away, the lying. 313 00:15:38,870 --> 00:15:41,530 All of which evinces a consciousness of guilt. 314 00:15:42,370 --> 00:15:43,890 Now he can plead to manslaughter one 315 00:15:44,000 --> 00:15:46,910 or starting tomorrow a grand jury will hear all about his deceptions. 316 00:15:47,070 --> 00:15:48,170 No, they won't. 317 00:15:50,880 --> 00:15:53,070 What's that? A writ of prohibition, 318 00:15:53,980 --> 00:15:57,380 to exclude all statements my client made to the police 319 00:15:57,650 --> 00:16:00,710 on the grounds that their interview with him was custodial 320 00:16:01,360 --> 00:16:02,980 and he should've been Mirandized. 321 00:16:07,490 --> 00:16:08,690 The judge threw it all out, 322 00:16:08,860 --> 00:16:11,490 his phony alibi, his claims of not knowing Tanner. 323 00:16:11,800 --> 00:16:13,460 I mean, in short everything that makes him look guilty. 324 00:16:13,530 --> 00:16:17,160 I can count on the fingers of one hand the times I've seen a writ used 325 00:16:17,240 --> 00:16:19,100 to keep evidence out of the grand jury. 326 00:16:19,410 --> 00:16:22,640 Not just any writ, but one Franklin dashed off during a plea conference, 327 00:16:22,710 --> 00:16:25,370 complete with citations, brilliant. 328 00:16:27,310 --> 00:16:29,870 Any evidence he killed Tanner for reasons other than self-defense? 329 00:16:29,950 --> 00:16:34,110 Nothing. The only one who'd know is Tanner and, well, he's not talking. 330 00:16:34,190 --> 00:16:37,160 Thanks. Oh, it's from Franklin. 331 00:16:39,660 --> 00:16:41,860 He's asserting his right to address the grand jury. 332 00:16:41,960 --> 00:16:45,130 Sure. First get rid of as many inconvenient facts as possible, 333 00:16:45,200 --> 00:16:48,070 and then spin what's left into a self-serving tale. 334 00:16:48,270 --> 00:16:51,170 The law-abiding professor versus the deranged drug dealer. 335 00:16:51,910 --> 00:16:53,130 Spin it the other way. 336 00:16:53,310 --> 00:16:55,900 Make Greg Tanner as cuddly as a week-old puppy. 337 00:17:00,880 --> 00:17:02,010 Greg was smart. 338 00:17:02,780 --> 00:17:03,770 People liked him. 339 00:17:06,020 --> 00:17:08,050 He believed in serving the greater good. 340 00:17:09,720 --> 00:17:11,880 But when he was over there, in the war, 341 00:17:14,060 --> 00:17:15,290 something inside him broke. 342 00:17:15,660 --> 00:17:18,100 He suffered from post-traumatic stress. 343 00:17:18,230 --> 00:17:19,820 That's what a psychiatrist told him. 344 00:17:20,500 --> 00:17:21,800 He worked in the prisons, 345 00:17:22,500 --> 00:17:24,030 he saw interrogations, 346 00:17:24,440 --> 00:17:27,070 people being hurt, being hanged in a shower room. 347 00:17:27,640 --> 00:17:29,300 He had nightmares. He couldn't keep a job. 348 00:17:33,080 --> 00:17:35,780 Mr. Tanner approached me one night after class. 349 00:17:36,150 --> 00:17:38,910 He told me about his grievance over his military discharge. 350 00:17:39,450 --> 00:17:42,050 He wanted my help suing to have his benefits reinstated. 351 00:17:42,790 --> 00:17:44,950 He thought because I worked for the Department of Justice 352 00:17:45,030 --> 00:17:47,930 under the Bush administration, that I had some special expertise. 353 00:17:48,000 --> 00:17:49,960 What work specifically did you do? 354 00:17:50,200 --> 00:17:51,890 I wrote advisory memos 355 00:17:52,030 --> 00:17:54,630 governing the manner in which suspected terrorists were held. 356 00:17:55,170 --> 00:17:57,900 Because Mr. Tanner guarded those detainees, 357 00:17:57,970 --> 00:18:00,240 he thought I had insights into the conditions 358 00:18:00,310 --> 00:18:02,170 that had caused his post-traumatic stress. 359 00:18:02,510 --> 00:18:06,210 I told him he needed a specialist in health care litigation. 360 00:18:06,510 --> 00:18:08,880 I thought that that was the end of it, but a week later, 361 00:18:09,050 --> 00:18:10,540 he confronted me at the garage. 362 00:18:10,780 --> 00:18:12,580 He was agitated, he demanded money. 363 00:18:12,920 --> 00:18:16,450 He said that I was responsible for his mental problems. 364 00:18:17,060 --> 00:18:20,220 I tried to reason with him, but he wouldn't let me leave. 365 00:18:20,430 --> 00:18:22,490 I was trapped by this deranged ex-soldier. 366 00:18:22,560 --> 00:18:24,330 Did he actually threaten to kill you? 367 00:18:24,400 --> 00:18:27,700 I was in fear for my life. He kept saying, 368 00:18:27,770 --> 00:18:28,830 "You're not leaving." 369 00:18:28,900 --> 00:18:30,840 And then he started toward me and... 370 00:18:31,170 --> 00:18:32,160 That's... 371 00:18:33,070 --> 00:18:34,060 That's when I shot him. 372 00:18:35,510 --> 00:18:36,700 He fell, 373 00:18:36,780 --> 00:18:37,770 he stopped moving. 374 00:18:38,050 --> 00:18:40,040 What did you do then? Did you call the police? 375 00:18:40,110 --> 00:18:41,140 Somebody else did. 376 00:18:41,220 --> 00:18:43,840 I wish that I had had the presence of mind to stay calm, 377 00:18:44,220 --> 00:18:45,380 but I was in shock. 378 00:18:45,450 --> 00:18:48,790 And it took you four days to regain your composure 379 00:18:48,860 --> 00:18:50,520 and turn yourself in to the police? 380 00:18:50,790 --> 00:18:54,160 No. I was in contact with the police before the formality of my surrender. 381 00:18:54,260 --> 00:18:57,460 You were "in contact"? Please describe those contacts. 382 00:18:57,870 --> 00:18:59,920 Mr. Cutter, I would be happy to tell the grand jury 383 00:19:00,000 --> 00:19:02,760 what I discussed with the police, but there's a judicial writ 384 00:19:02,840 --> 00:19:03,830 prohibiting me from doing so 385 00:19:03,900 --> 00:19:06,370 because of the misbehavior of your detectives. 386 00:19:09,880 --> 00:19:13,010 He cooperated from the get-go. It's the police who misbehaved. 387 00:19:13,080 --> 00:19:14,810 I let myself get bushwhacked. 388 00:19:15,150 --> 00:19:16,140 Twice. 389 00:19:16,320 --> 00:19:17,940 We got bushwhacked twice. 390 00:19:18,490 --> 00:19:19,880 Tanner's sister told the police 391 00:19:19,990 --> 00:19:21,720 that he never talked to her about his service in Iraq. 392 00:19:21,790 --> 00:19:25,090 But she testified that he witnessed interrogations. 393 00:19:25,160 --> 00:19:27,220 She might've gotten that from news reports on the case. 394 00:19:27,290 --> 00:19:30,490 No. She said he saw people hanged in a shower room. 395 00:19:30,800 --> 00:19:31,890 That wasn't in the news. 396 00:19:34,970 --> 00:19:35,960 Thanks. 397 00:19:38,070 --> 00:19:40,700 No bill. The grand jury bought Franklin's story. 398 00:19:41,070 --> 00:19:42,370 Next stop, Megan Tanner? 399 00:19:43,580 --> 00:19:46,410 I told the police the truth. Greg never said anything to me. 400 00:19:46,580 --> 00:19:48,640 Well, then where did you hear about this shower room? 401 00:19:49,380 --> 00:19:52,050 My mom needs to know that Greg served with honor, 402 00:19:52,120 --> 00:19:53,450 like my dad. 403 00:19:54,560 --> 00:19:55,540 She's very sick 404 00:19:57,820 --> 00:19:59,490 and if she ever found out that he did that, 405 00:20:01,030 --> 00:20:02,220 well, I don't think she could take it. 406 00:20:02,500 --> 00:20:04,360 Why? What did he do? 407 00:20:10,340 --> 00:20:12,900 When Greg was living with me, he made a video diary. 408 00:20:13,910 --> 00:20:15,930 I found it on my computer after he died. 409 00:20:20,010 --> 00:20:22,210 We walked the detainee into the shower room. 410 00:20:23,420 --> 00:20:25,940 He was handcuffed and he was wearing a hood over his head. 411 00:20:27,320 --> 00:20:28,950 The interrogator told us to hang him 412 00:20:29,220 --> 00:20:31,780 by his wrists from the bars of a window, like this, 413 00:20:32,660 --> 00:20:34,490 with his hands behind his back, up high 414 00:20:34,560 --> 00:20:37,830 so the guy can't kneel or sit, and all the weight is on his arms and chest. 415 00:20:39,100 --> 00:20:40,230 The 'gator said the guy 416 00:20:40,630 --> 00:20:42,070 was an unlawful combatant 417 00:20:42,240 --> 00:20:44,570 and under the rules, we could do whatever we want with him. 418 00:20:46,140 --> 00:20:47,770 We hooked him up and we left him with the 'gator. 419 00:20:50,210 --> 00:20:52,040 An hour later, the 'gator called us back in. 420 00:20:52,110 --> 00:20:54,310 He wanted us to reposition the detainee. 421 00:20:56,650 --> 00:20:57,910 The detainee was slumped forward. 422 00:20:59,250 --> 00:21:01,810 His arms were almost out of their sockets, he wasn't responsive. 423 00:21:03,860 --> 00:21:05,220 Then we took the hood off his head 424 00:21:06,890 --> 00:21:09,290 and all this blood poured out of his mouth. 425 00:21:11,100 --> 00:21:12,090 He was... 426 00:21:12,930 --> 00:21:13,920 He was dead. 427 00:21:16,640 --> 00:21:17,700 And those rules, 428 00:21:18,170 --> 00:21:20,300 those damn rules were wrong. 429 00:21:21,440 --> 00:21:23,500 We had to live by them and it messed us up. 430 00:21:26,110 --> 00:21:29,170 I found one of the guys who wrote the rules, here at the college. 431 00:21:31,420 --> 00:21:32,650 I got to get right with this. 432 00:21:35,020 --> 00:21:37,290 I didn't join the service to murder people. 433 00:21:45,200 --> 00:21:46,530 Can we confirm this story? 434 00:21:46,900 --> 00:21:49,770 Tanner was stationed at Abu Ghraib in 2003, 435 00:21:49,970 --> 00:21:53,430 and there was a death that fit his description in November of that year. 436 00:21:53,510 --> 00:21:55,980 Yeah, he talks about other interrogations he witnessed 437 00:21:56,040 --> 00:22:00,450 in Iraq and GITMO, enhanced interrogations, water-boardings, 438 00:22:00,650 --> 00:22:02,240 what all kept him up at night. 439 00:22:02,320 --> 00:22:05,010 Maybe that's what was going through Franklin's mind when he shot Tanner. 440 00:22:05,320 --> 00:22:08,380 Maybe he thought Tanner was threatening to implicate him in a death by torture. 441 00:22:08,460 --> 00:22:12,390 Franklin was bucking for tenure. Controversy's the last thing he wanted. 442 00:22:12,860 --> 00:22:14,450 He shot Tanner in a panic, 443 00:22:15,130 --> 00:22:17,790 not to defend his life but to protect his position. 444 00:22:18,070 --> 00:22:21,030 Forget it. You had your bite at the grand jury. 445 00:22:21,200 --> 00:22:23,900 Franklin is getting away with killing Tanner. 446 00:22:24,400 --> 00:22:26,600 This memo he wrote for the Department of Justice 447 00:22:26,670 --> 00:22:28,700 laid out the legal architecture 448 00:22:28,940 --> 00:22:30,640 permitting the abuse of prisoners, 449 00:22:31,210 --> 00:22:34,410 abuse that led directly to this death in Iraq. 450 00:22:35,020 --> 00:22:39,710 You could argue this memo is an element in a conspiracy to commit assault 451 00:22:39,820 --> 00:22:41,480 and depraved indifference murder. 452 00:22:41,590 --> 00:22:44,520 Someone could try to argue it, if they had jurisdiction. 453 00:22:44,990 --> 00:22:46,720 Have you looked at the time stamp on this? 454 00:22:50,400 --> 00:22:54,460 "April 10th, 2003, 1 St. Andrews Plaza." 455 00:22:57,040 --> 00:23:00,470 Franklin was working at the US Attorney's office downtown when he wrote it? 456 00:23:01,270 --> 00:23:02,740 Right under our noses. 457 00:23:05,750 --> 00:23:09,010 It's the jurisdictional nexus we need to prosecute him. 458 00:23:09,980 --> 00:23:13,680 We already have the testimony of one of his co-conspirators. 459 00:23:13,890 --> 00:23:16,820 Jack, you want to prosecute a member of the Bush administration 460 00:23:16,890 --> 00:23:18,860 for assaulting suspected terrorists? 461 00:23:19,630 --> 00:23:20,960 The word is torturing, 462 00:23:23,660 --> 00:23:25,530 and, yes, it's about time somebody did. 463 00:23:29,600 --> 00:23:31,730 Draw up a bill of indictment against Franklin. 464 00:23:34,340 --> 00:23:35,330 Gladly. 465 00:23:45,550 --> 00:23:49,220 The People have met their jurisdictional requirement, Mr. Granick. 466 00:23:49,920 --> 00:23:51,050 Your motion's denied. 467 00:23:51,120 --> 00:23:52,110 But, Your Honor, 468 00:23:52,890 --> 00:23:57,520 a conspiracy charge requires an agreement between the conspirators. 469 00:23:57,600 --> 00:24:00,860 There is no agreement between Mr. Tanner and my client 470 00:24:01,000 --> 00:24:03,200 to assault prisoners in 2003. 471 00:24:03,270 --> 00:24:06,400 The agreement is manifest by the fact the recommendations 472 00:24:06,470 --> 00:24:09,600 in Mr. Franklin's memo were conveyed by intermediaries 473 00:24:09,680 --> 00:24:12,370 to Mr. Tanner in the field and agreed to by him. 474 00:24:12,710 --> 00:24:14,040 They haven't connected the dots. 475 00:24:15,720 --> 00:24:18,880 Those intermediaries should be named in the indictment as co-conspirators 476 00:24:19,520 --> 00:24:21,080 or the charge is legally insufficient. 477 00:24:24,320 --> 00:24:27,420 Franklin's daring us to indict the whole chain of command. 478 00:24:27,730 --> 00:24:29,750 Have you actually read Franklin's memo? 479 00:24:30,030 --> 00:24:31,550 Cover to cover? No, not yet. 480 00:24:33,430 --> 00:24:34,920 Read his advice to anyone 481 00:24:35,300 --> 00:24:37,500 worried about being charged with torture. 482 00:24:37,770 --> 00:24:40,470 "If a defendant has a good faith belief that his actions 483 00:24:40,540 --> 00:24:43,240 "will not result in prolonged mental harm, 484 00:24:43,810 --> 00:24:48,980 "he lacks the specific intent necessary for his actions to constitute torture. 485 00:24:49,380 --> 00:24:51,650 "A defendant could show that he acted in good faith 486 00:24:52,020 --> 00:24:54,250 "by surveying the professional literature 487 00:24:54,790 --> 00:24:56,590 "or consulting with experts. 488 00:24:56,660 --> 00:24:58,990 "Good faith is a complete defense 489 00:24:59,630 --> 00:25:00,990 "to a charge of torture." 490 00:25:02,230 --> 00:25:04,750 He's telling the interrogators how to circumvent the law. 491 00:25:05,170 --> 00:25:08,360 Just remember, kids, if you're going to torture, read a book first! 492 00:25:09,340 --> 00:25:10,670 They want co-conspirators? 493 00:25:12,010 --> 00:25:13,470 I'll give them co-conspirators. 494 00:25:16,440 --> 00:25:18,240 The Joint Chiefs of Staff? 495 00:25:18,510 --> 00:25:21,570 Former Secretary of Defense? Vice-President Cheney? 496 00:25:22,150 --> 00:25:24,120 In for a penny, in for a pound, Mr. Cutter? 497 00:25:24,180 --> 00:25:26,620 The indictments are being served as we speak, Your Honor. 498 00:25:26,690 --> 00:25:29,250 Mr. Franklin can consider the dots connected. 499 00:25:29,320 --> 00:25:33,490 It's absurd. Mr. Cutter is making a mockery of the conspiracy statutes. 500 00:25:33,560 --> 00:25:35,430 It's clear who's behind this. 501 00:25:35,500 --> 00:25:39,260 Jack McCoy obviously took exception to my boss's conduct of the War on Terror, 502 00:25:39,400 --> 00:25:41,230 and now he's politicizing this prosecution. 503 00:25:41,300 --> 00:25:45,000 If Mr. Franklin is afraid a trial might embarrass his former colleagues, 504 00:25:45,070 --> 00:25:47,130 he's always welcome to take a plea. 505 00:25:47,470 --> 00:25:49,870 I see no reason for this indictment not to proceed. 506 00:25:50,580 --> 00:25:51,640 See you all at trial. 507 00:25:54,380 --> 00:25:56,650 So far so good. This was nothing. 508 00:25:56,780 --> 00:25:59,010 The real hailstorm's going to come when those indictments 509 00:25:59,090 --> 00:26:01,110 start landing on the co-conspirators' desks. 510 00:26:01,520 --> 00:26:04,890 Our clients sent us here hoping we can talk some sense into you, Mr. McCoy. 511 00:26:05,030 --> 00:26:06,460 You wouldn't be the first to try. 512 00:26:06,860 --> 00:26:10,230 You're going to spark a constitutional crisis, and that's no threat. 513 00:26:10,860 --> 00:26:12,960 Is that really the valediction you want for your career? 514 00:26:13,370 --> 00:26:15,030 You let me worry about my career. 515 00:26:15,540 --> 00:26:18,870 And now, unless you're all here to talk about a plea, there's the door. 516 00:26:18,940 --> 00:26:19,930 A plea? 517 00:26:20,640 --> 00:26:24,130 You actually believe that you, a county D.A., can prosecute a former Vice-President, 518 00:26:24,210 --> 00:26:27,910 cabinet members, for their conduct of a war on foreign soil? 519 00:26:27,980 --> 00:26:32,850 I prosecuted a Chilean colonel for the murder of a US citizen in Santiago. 520 00:26:32,950 --> 00:26:35,650 So government officials who torture prisoners 521 00:26:36,020 --> 00:26:37,890 on American military bases? 522 00:26:38,120 --> 00:26:39,590 Sure, why not? 523 00:26:40,160 --> 00:26:41,420 This is why not. 524 00:26:56,880 --> 00:26:58,170 This is just the beginning. 525 00:26:58,880 --> 00:27:02,680 We'll keep churning them out until your office is drowning in motions. 526 00:27:07,890 --> 00:27:11,190 Motions for change of venue, motions to dismiss, to suppress. 527 00:27:11,930 --> 00:27:15,330 The trial starts next week. We'll be lucky to get through just one of these bricks. 528 00:27:15,960 --> 00:27:18,400 Strawn doesn't represent everybody. 529 00:27:19,000 --> 00:27:22,800 We'll sever the trials. We'll try Franklin and his associates first. 530 00:27:23,700 --> 00:27:24,760 We convict them, 531 00:27:25,370 --> 00:27:27,000 then move up the chain of command. 532 00:27:27,070 --> 00:27:29,230 Connie, assemble a team, 533 00:27:29,740 --> 00:27:31,730 get them working on Strawn's motions. 534 00:27:41,960 --> 00:27:43,420 Cards on the table, Jack, 535 00:27:43,860 --> 00:27:45,920 I think we bit off more than we can chew. 536 00:27:46,360 --> 00:27:48,730 And I'm not even convinced of our legal standing. 537 00:27:49,230 --> 00:27:50,220 I know. 538 00:27:51,100 --> 00:27:53,360 You value legalities over ethics, 539 00:27:53,430 --> 00:27:56,400 but sometimes doing what's ethical is more important. 540 00:27:56,470 --> 00:27:57,800 You can insult me all you want, Jack, 541 00:27:57,870 --> 00:28:00,860 but maybe the ethical thing to do here is to save American lives. 542 00:28:02,140 --> 00:28:05,270 We're at war with people who've sworn to kill us for who we are. 543 00:28:05,480 --> 00:28:08,040 It doesn't matter if it's civilians, women, children, 544 00:28:08,180 --> 00:28:10,050 as long as they kill Americans. 545 00:28:10,480 --> 00:28:13,350 And if we have to use force to extract the information we need 546 00:28:13,420 --> 00:28:14,550 to protect ourselves, 547 00:28:14,790 --> 00:28:16,880 well, then maybe that's the right thing to do. 548 00:28:17,790 --> 00:28:18,780 I see. 549 00:28:24,030 --> 00:28:27,160 Maybe I should find somebody else to prosecute Franklin. 550 00:28:28,840 --> 00:28:31,830 Oh, no. You can count on my obsession with legalities. 551 00:28:33,140 --> 00:28:35,370 If there's a way to prove that Franklin broke the law, 552 00:28:36,840 --> 00:28:38,110 I'm your man. 553 00:28:42,980 --> 00:28:45,080 It's called a Palestinian hanging. 554 00:28:45,150 --> 00:28:49,110 It's how the North Vietnamese tortured Senator John McCain when he was a POW. 555 00:28:49,760 --> 00:28:53,250 It's one of the stress positions sanctioned by Mr. Franklin's memo. 556 00:28:53,790 --> 00:28:57,390 What other harsh techniques are sanctioned by Mr. Franklin's memo? 557 00:28:57,800 --> 00:28:59,360 The most well-known is water-boarding, 558 00:28:59,600 --> 00:29:01,400 where a detainee is held down, 559 00:29:01,740 --> 00:29:04,030 a cloth is placed over his face and water is poured 560 00:29:04,100 --> 00:29:06,330 over his mouth and nose to simulate drowning. 561 00:29:06,640 --> 00:29:08,940 And who, if anyone besides the US military, 562 00:29:09,010 --> 00:29:11,370 has used this interrogation technique? 563 00:29:11,810 --> 00:29:13,210 The Spanish Inquisition. 564 00:29:13,550 --> 00:29:15,240 And after the Second World War, 565 00:29:15,320 --> 00:29:18,650 we convicted Japanese officers of war crimes 566 00:29:18,720 --> 00:29:20,410 for water-boarding our POWs. 567 00:29:21,020 --> 00:29:23,990 Now you told us that during your career in the military, 568 00:29:24,060 --> 00:29:27,520 you participated in over a thousand interrogations. 569 00:29:28,360 --> 00:29:30,520 Did you ever use any of these harsh techniques? 570 00:29:30,660 --> 00:29:34,030 No, sir. We took down terror networks with tools like respect, 571 00:29:34,770 --> 00:29:36,600 rapport, cunning and deception. 572 00:29:36,900 --> 00:29:39,240 Not the techniques in this memo? 573 00:29:40,440 --> 00:29:44,670 Besides the fact I have a moral problem with torture, it doesn't work, sir. 574 00:29:44,740 --> 00:29:46,180 In fact, it works against us. 575 00:29:47,150 --> 00:29:51,080 It's hypocritical to defend our values with torture. 576 00:29:51,250 --> 00:29:52,280 That hypocrisy 577 00:29:52,690 --> 00:29:54,850 is the best recruiting tool you can give to the terrorists. 578 00:29:55,590 --> 00:29:56,580 Thank you. 579 00:30:00,960 --> 00:30:02,830 I want to be clear, Mr. Gardner. 580 00:30:03,460 --> 00:30:04,760 If you had a terrorist 581 00:30:04,930 --> 00:30:06,990 who you believed had information 582 00:30:07,130 --> 00:30:09,360 about a dirty bomb set to go off 583 00:30:09,440 --> 00:30:11,730 in this city within 24 hours, 584 00:30:11,810 --> 00:30:15,300 you wouldn't avail yourself of every possible technique 585 00:30:15,380 --> 00:30:17,140 to extract information from him? 586 00:30:17,810 --> 00:30:20,280 A man in severe pain or mental anguish 587 00:30:20,580 --> 00:30:22,380 will say anything to make it stop. 588 00:30:22,950 --> 00:30:24,470 If you only have 24 hours, 589 00:30:24,780 --> 00:30:27,650 the last thing you want to do is waste time chasing down false leads. 590 00:30:28,190 --> 00:30:29,420 Torture just doesn't work. 591 00:30:29,490 --> 00:30:32,360 No one here's advocating torture, Mr. Gardner. 592 00:30:32,430 --> 00:30:34,020 We're talking about harsh techniques. 593 00:30:34,090 --> 00:30:35,120 I know what we're talking about, sir. 594 00:30:35,200 --> 00:30:37,390 I don't need a memo to tell me what torture is. 595 00:30:41,900 --> 00:30:43,060 Jack? 596 00:30:43,870 --> 00:30:45,500 David. What a nice surprise. 597 00:30:46,010 --> 00:30:48,910 Come with me, I'm taking the stairs. I need the exercise. 598 00:30:49,480 --> 00:30:50,700 So do you, kid. 599 00:30:52,050 --> 00:30:53,710 How're they treating you in Washington? 600 00:30:53,780 --> 00:30:56,540 Good. The Attorney General's no Jack McCoy, but I'm learning a lot. 601 00:30:57,080 --> 00:30:59,570 Jack, they sent me here to talk to you about the Franklin case. 602 00:30:59,690 --> 00:31:00,810 They want you to call it off. 603 00:31:00,890 --> 00:31:03,150 The jury's empanelled, jeopardy has attached. 604 00:31:03,220 --> 00:31:05,950 They don't care. They want the charges dismissed against all the defendants. 605 00:31:06,030 --> 00:31:09,120 I don't get it. The new administration doesn't have a dog in this fight. 606 00:31:09,200 --> 00:31:12,600 We can't let state prosecutors try to hold federal officials accountable 607 00:31:12,670 --> 00:31:14,760 for their conduct of a war. It's a bad precedent. 608 00:31:15,170 --> 00:31:17,830 In any event, the Attorney General's naming a special prosecutor 609 00:31:17,900 --> 00:31:19,130 to investigate torture claims. 610 00:31:19,210 --> 00:31:22,270 I heard. To go after the small fry, a couple of thugs in the field. 611 00:31:22,510 --> 00:31:24,870 What about the policy-makers, the deciders? 612 00:31:25,610 --> 00:31:27,770 Right. They get a free pass because 613 00:31:28,110 --> 00:31:30,980 if you go after the previous administration's dirty laundry, 614 00:31:31,050 --> 00:31:32,850 the next administration will go after yours. 615 00:31:32,920 --> 00:31:34,610 That's the precedent you don't want to set. 616 00:31:34,690 --> 00:31:36,810 It's just politics, Jack. 617 00:31:37,890 --> 00:31:39,590 I don't know what you're learning over there, David, 618 00:31:39,660 --> 00:31:41,920 but you've forgotten everything you learned here. 619 00:31:42,160 --> 00:31:44,030 Tell the Attorney General no deal. 620 00:31:50,440 --> 00:31:51,800 Information is perhaps 621 00:31:51,870 --> 00:31:54,470 the most critical weapon for defeating the terrorist threat. 622 00:31:55,010 --> 00:31:58,210 Our success rests on our ability to extract that information. 623 00:31:58,650 --> 00:32:01,840 I was asked to advise the Defense Department as to the legal standards 624 00:32:01,920 --> 00:32:03,750 governing the interrogation of terrorist suspects. 625 00:32:04,320 --> 00:32:05,580 I put my findings in a memo 626 00:32:05,820 --> 00:32:07,150 and sent it on to the relevant parties. 627 00:32:07,450 --> 00:32:08,440 Thank you. 628 00:32:11,690 --> 00:32:15,180 Mr. Franklin, isn't it fair to characterize the legal standards 629 00:32:15,260 --> 00:32:19,360 you set governing the interrogations of suspects as "anything goes, 630 00:32:19,430 --> 00:32:21,460 "so long as the President orders it," 631 00:32:21,830 --> 00:32:25,330 and in his capacity as Commander-in-chief in a time of war, 632 00:32:25,610 --> 00:32:29,040 he has the authority to issue any order he deems appropriate? 633 00:32:29,610 --> 00:32:30,910 The President can't break the law. 634 00:32:31,110 --> 00:32:36,010 Well, according to your memo, what law is the President bound by in the War on Terror, 635 00:32:36,920 --> 00:32:38,580 the Geneva and Hague Conventions? 636 00:32:38,920 --> 00:32:41,580 Not applicable because terrorist detainees are illegal combatants. 637 00:32:41,990 --> 00:32:44,050 The Due Process Clause of the Fifth Amendment? 638 00:32:44,320 --> 00:32:46,660 Not applicable to alien enemy combatants held abroad. 639 00:32:46,930 --> 00:32:49,720 The Eighth Amendment ban on cruel and unusual punishment? 640 00:32:49,800 --> 00:32:52,560 Not applicable because harsh interrogations are not punishment. 641 00:32:52,770 --> 00:32:56,960 So you are saying, in war, the President is bound by no laws? 642 00:32:57,400 --> 00:32:58,770 Yes, in war. 643 00:32:58,970 --> 00:33:02,370 So if he deems he's got to torture somebody, for example, 644 00:33:02,440 --> 00:33:06,500 by crushing the testicles of that person's child, 645 00:33:06,580 --> 00:33:10,520 your memo says there is no law, no treaty that can stop him? 646 00:33:10,950 --> 00:33:14,680 Well, it would depend on why the President thinks he needs to do that. 647 00:33:21,390 --> 00:33:23,560 Now, your memo justifies these actions 648 00:33:23,630 --> 00:33:26,960 because the detainees are not regular soldiers 649 00:33:27,030 --> 00:33:30,160 in a national army as we understand it, correct? 650 00:33:30,370 --> 00:33:33,270 Correct. Unlawful enemy combatants are not entitled to the usual protections. 651 00:33:33,640 --> 00:33:37,600 Is it too much to assume they'd be protected by our own sense of decency? 652 00:33:37,840 --> 00:33:39,780 That's not the task I was given, Mr. Cutter. 653 00:33:39,880 --> 00:33:42,310 My memo addressed legal, not ethical standards. 654 00:33:42,820 --> 00:33:46,620 Now, your memo says that, "Historically, nations and their sovereigns 655 00:33:46,690 --> 00:33:50,180 "have been free to treat unlawful combatants as they wish." 656 00:33:50,260 --> 00:33:52,750 Could you please give us such an historical example? 657 00:33:54,490 --> 00:33:56,120 Well, off the top of my head... 658 00:33:56,200 --> 00:33:57,630 What about this example? 659 00:34:00,430 --> 00:34:03,230 The summary execution of a Vietcong guerilla 660 00:34:03,300 --> 00:34:05,100 by a South Vietnamese general. 661 00:34:05,710 --> 00:34:06,690 Or this, 662 00:34:07,270 --> 00:34:11,640 the torture and murder of Polish resistance fighters by the German army? 663 00:34:11,710 --> 00:34:15,840 Is this the historical right you say the President should avail himself of? 664 00:34:16,280 --> 00:34:20,010 I didn't invent the right of sovereigns, Mr. Cutter. I simply defined it. 665 00:34:20,320 --> 00:34:23,880 The right to do what they want with unlawful combatants. 666 00:34:23,960 --> 00:34:25,890 Yes. Unlawful combatants like 667 00:34:26,330 --> 00:34:29,690 the American militia after King George declared them rebels? 668 00:34:30,260 --> 00:34:31,250 Yes, like that. 669 00:34:31,360 --> 00:34:35,130 So you would defend the brutal treatment of American prisoners 670 00:34:35,200 --> 00:34:37,500 by the British during the Revolutionary War? 671 00:34:37,570 --> 00:34:39,630 From a legal standpoint, yes. 672 00:34:40,670 --> 00:34:44,800 Mr. Franklin, what is it about this country that you don't get? 673 00:34:46,010 --> 00:34:47,070 Withdrawn. 674 00:34:48,050 --> 00:34:49,040 No more questions. 675 00:35:00,890 --> 00:35:04,590 There was a state senator on just now calling for your removal as D.A. 676 00:35:07,970 --> 00:35:09,130 You know, that day, 677 00:35:09,440 --> 00:35:12,700 eight years ago, we could see the towers burn from Adam's window. 678 00:35:13,910 --> 00:35:14,900 I remember. 679 00:35:18,140 --> 00:35:20,610 Part of me says I don't care what you do to these detainees. 680 00:35:20,680 --> 00:35:21,810 I don't want to know. 681 00:35:22,750 --> 00:35:23,910 Just protect us. 682 00:35:24,880 --> 00:35:26,080 The problem is, 683 00:35:26,850 --> 00:35:27,910 now we do know. 684 00:35:29,190 --> 00:35:31,210 Yeah, and I'm not sure that makes a difference. 685 00:35:42,570 --> 00:35:44,370 We're wanted in federal court tomorrow. 686 00:35:46,370 --> 00:35:48,700 The Attorney General is asking the court to issue an order 687 00:35:48,770 --> 00:35:50,470 staying the District Attorney's prosecution 688 00:35:50,540 --> 00:35:52,200 of Mr. Franklin and the other defendants. 689 00:35:52,280 --> 00:35:54,580 They can't just step in and stop the trial. 690 00:35:54,650 --> 00:35:56,670 Under the Supremacy Clause of the Constitution, 691 00:35:56,750 --> 00:35:59,980 actions taken by federal officials in pursuit of foreign policy 692 00:36:00,050 --> 00:36:02,420 are not grist for state prosecutions. 693 00:36:02,620 --> 00:36:05,460 If those actions are illegal, as torture clearly is, 694 00:36:05,530 --> 00:36:07,490 there's no overriding federal interest 695 00:36:07,860 --> 00:36:10,290 in shielding those who enabled such actions. 696 00:36:10,460 --> 00:36:11,790 All right, gentlemen. 697 00:36:12,030 --> 00:36:13,930 I'll take the motion under advisement. 698 00:36:14,000 --> 00:36:15,660 I'll issue my ruling by the end of the day. 699 00:36:15,740 --> 00:36:18,470 In the meantime, the state trial can proceed. 700 00:36:25,550 --> 00:36:27,010 I never expected this of you. 701 00:36:27,610 --> 00:36:29,210 You're way off the reservation, Jack. 702 00:36:29,280 --> 00:36:30,310 Damn it, David. 703 00:36:30,720 --> 00:36:32,340 I'm trying to save the reservation. 704 00:36:32,520 --> 00:36:33,990 We're looking forward, not backward. 705 00:36:34,050 --> 00:36:36,420 We're not looking to give aid and comfort to the enemy. 706 00:36:39,790 --> 00:36:41,660 What are you accusing me of? 707 00:36:56,880 --> 00:36:59,440 My client never tortured anybody. 708 00:37:00,110 --> 00:37:04,140 He never ordered another or conspired with others to commit torture. 709 00:37:05,050 --> 00:37:07,450 As a member of the Office of Legal Counsel 710 00:37:07,520 --> 00:37:09,920 of the Department of Justice and in service 711 00:37:09,990 --> 00:37:13,890 to his Commander-in-chief, he was asked to give a legal opinion. 712 00:37:14,430 --> 00:37:15,660 It might not be the most 713 00:37:15,730 --> 00:37:19,290 brilliant opinion ever written, but in the end, 714 00:37:19,870 --> 00:37:22,300 it's just that, a legal opinion. 715 00:37:23,540 --> 00:37:26,100 Whether or not we agree on the conduct 716 00:37:26,170 --> 00:37:29,270 of the War on Terror, we can all still agree 717 00:37:30,340 --> 00:37:31,640 that in this country, 718 00:37:33,050 --> 00:37:35,240 you have to actually commit a crime 719 00:37:35,550 --> 00:37:36,910 to be convicted of one. 720 00:37:38,680 --> 00:37:39,670 Thank you. 721 00:37:43,860 --> 00:37:47,620 This is no simple legal opinion, ladies and gentlemen. 722 00:37:47,860 --> 00:37:51,960 This is an instruction on how to commit a crime and avoid prosecution, 723 00:37:52,830 --> 00:37:56,170 a surgical parsing of words to draw hair-splitting distinctions 724 00:37:56,240 --> 00:37:59,860 between severe pain and extreme pain. 725 00:38:00,540 --> 00:38:03,010 The creation of a special class of prisoners 726 00:38:03,080 --> 00:38:06,270 who are fair game for any suffering we might subject them to. 727 00:38:06,810 --> 00:38:08,910 This is the legal grease 728 00:38:08,980 --> 00:38:11,040 that enabled the conspirators to commit acts 729 00:38:11,120 --> 00:38:13,380 that are immoral and illegal. 730 00:38:14,350 --> 00:38:15,680 Hanging prisoners 731 00:38:15,890 --> 00:38:19,720 by their wrists until their lungs collapse against their ribs, 732 00:38:20,490 --> 00:38:25,490 water-boarding one detainee over 180 times. 733 00:38:29,740 --> 00:38:33,190 Now, Mr. Franklin's defense is that he was just following orders 734 00:38:33,610 --> 00:38:35,770 as a mere lawyer in the Justice Department. 735 00:38:36,610 --> 00:38:38,240 Well, like all lawyers, 736 00:38:38,540 --> 00:38:43,110 he was employed as the last and best defense against injustice, 737 00:38:43,920 --> 00:38:46,980 to use the law as a shield to protect people. 738 00:38:47,320 --> 00:38:50,920 But instead, he used it as a sword to injure them. 739 00:38:51,860 --> 00:38:54,350 Where he was sworn to uphold the Constitution, 740 00:38:54,660 --> 00:38:57,530 he used his legal education to subvert it, 741 00:38:57,900 --> 00:38:59,090 to shame it 742 00:38:59,400 --> 00:39:01,760 and betray its promise to the world. 743 00:39:03,370 --> 00:39:05,390 Five days after 9/11, 744 00:39:05,840 --> 00:39:10,280 Vice-President Cheney told us that we would have to "work the dark side" 745 00:39:10,580 --> 00:39:11,630 to fight terrorists. 746 00:39:11,710 --> 00:39:13,870 Well, we never imagined that to mean 747 00:39:14,150 --> 00:39:17,710 that we would cede control to our own dark side. 748 00:39:18,680 --> 00:39:22,480 The tactics justified in Mr. Franklin's memo draw 749 00:39:22,690 --> 00:39:25,180 from the worst of our nature. 750 00:39:27,460 --> 00:39:30,430 Even in the midst of the Revolutionary War, 751 00:39:30,630 --> 00:39:32,720 in the midst of the Civil War, 752 00:39:32,800 --> 00:39:35,130 Presidents Washington and Lincoln 753 00:39:35,200 --> 00:39:38,730 admonished their troops not to injure their prisoners. 754 00:39:39,840 --> 00:39:41,430 Now, some of you may feel 755 00:39:42,010 --> 00:39:44,500 that it is not the place of this jury, 756 00:39:44,880 --> 00:39:46,170 or even the People, 757 00:39:46,910 --> 00:39:50,710 to question the actions of our government officials during a time of war. 758 00:39:51,450 --> 00:39:54,510 That the premise of this trial itself somehow is 759 00:39:56,020 --> 00:39:57,010 treasonous. 760 00:40:00,760 --> 00:40:01,750 I would assure you, 761 00:40:02,090 --> 00:40:03,150 ladies and gentlemen, 762 00:40:03,560 --> 00:40:04,960 it is not disloyal 763 00:40:05,600 --> 00:40:09,260 to hold our officials to the highest standards of conduct. 764 00:40:10,140 --> 00:40:11,800 And it is not disloyal 765 00:40:12,100 --> 00:40:15,040 to allow you, the People, to decide 766 00:40:15,210 --> 00:40:17,940 what you want done in your name. 767 00:40:25,520 --> 00:40:26,510 Thank you. 768 00:40:32,260 --> 00:40:33,660 Has the jury reached a verdict? 769 00:40:33,960 --> 00:40:34,950 We have, Your Honor. 770 00:40:35,690 --> 00:40:36,890 The defendant will stand. 771 00:40:40,300 --> 00:40:42,290 On the first count of the indictment, 772 00:40:42,470 --> 00:40:43,870 Conspiracy in the... 773 00:40:47,940 --> 00:40:49,100 What's going on, Eddie? 774 00:40:51,940 --> 00:40:54,540 He's a Federal Marshal, with an order from the district court. 775 00:40:54,710 --> 00:40:55,740 Bring it here. 776 00:41:13,230 --> 00:41:15,130 The federal court for the southern district 777 00:41:15,200 --> 00:41:17,970 has issued an order preempting this prosecution. 778 00:41:18,170 --> 00:41:19,160 The trial is over. 779 00:41:19,970 --> 00:41:22,440 Ladies and gentlemen of the jury, thank you for your service. 780 00:41:22,610 --> 00:41:23,940 We're adjourned. 781 00:41:25,440 --> 00:41:27,740 Your Honor, the jury had a verdict. 782 00:41:27,910 --> 00:41:31,010 There's no verdict until it's entered in the record. It's over, Mr. Cutter. 783 00:41:40,530 --> 00:41:42,990 I'll start checking the case law, see what our next step is. 784 00:41:44,200 --> 00:41:46,290 You won't find anything. There's no recourse. 785 00:41:57,110 --> 00:41:59,600 The people who want you out, Jack, they'll use this to hammer you. 786 00:41:59,680 --> 00:42:03,940 Good. At the end of the day, I hope to give them even more reason to be mad at me. 787 00:42:07,950 --> 00:42:09,440 Come on, Mike.