All language subtitles for Law.and.Order.S14E08.Embedded.1080p.AMZN.WEB-DL.DDP5.1.H.264-playWEB_track3_[eng]

In the criminal justice system,

the people are represented

by two separate
yet equally important groups:

the police,
who investigate crime,

and the district attorneys,
who prosecute the offenders.

These are their stories.

So I said, "I'm just here
the one night."

I bet that won
their hearts.

Yeah, well, it wasn't their
hearts that were my concern.

But the blonde--
I swear, man,

she made my cholesterol
shoot up over 270.

And, uh, the other two?

Actually, one of them
looked a lot like your ex.

For that, you are
buying the next round.

Oh...

I think you guys are going
to have to find

your own entertainment.

He never learns.

With legs like that,
I'd stay stupid.

Hmm.

Last chance, babe;
I'm leaving tomorrow.

How many times
have I heard that?

Yes, but this time,

I might not be
coming back.

Promise?

Come on, Gia.

You and me-- it wasn't
that bad, was it?

There was
no "you and me."

There was you, me,
your cameraman,

your producer,
your three cell phones,

and, uh, last
but not least, your wife.

Yeah, I like
to fill up my day.

Don't we all?

Guess you haven't heard.

I'm engaged.

You should buy
your friend a leash.

Most people
would prefer a muzzle.

Yeah, that'd do.

I'd think about letting her
break up my marriage.

What was that?!

It came from outside!

Always a nickel short
and a dime late.

What the hell
does that mean?

What do you want
from me?

It's 2:00
in the morning.

Hey, is
that Frank Elliot?

Mm-hmm, the one and only.

He took one in the back.

Aw, what a shame.

Hey, man, pretend to be
concerned, okay?

Two bullets.

People say they heard
three shots.

One in Never Never Land,

one in the vic,
one, I hope, in here.

You know my old man actually
likes this Frank Elliot?

He made me TiVo
that special he did

on John Gotti's vacations spots.

Hey, Lennie, he comes out
of this club, Lotus.

He makes it
around the corner.

Somebody starts shooting.

Anybody see the shooter?

It looks like Elliot
finally made it

to a crime scene
before we did.

Detective!
We caught one break at least.

You won't have to wait
for the ME to start ballistics.

Looks like a nine-millimeter.

Okay. A shooter nobody saw,

a bullet everybody uses,

and a guy half the world
wants dead.

The EMT says he probably
will make it.

Yeah, only the good
die young.

Captioning sponsored by
UNIVERSAL NETWORK TELEVISION

NBC

...THE ALL-NEW 2004
SOLARA-TOYOTA.

GET THE FEELING.

I'm afraid he won't
be much help tonight.

He's going to make it,
though, right?

The bullet perforated
his liver.

We managed to seal it off,

so as long as it doesn't
go septic on us,

we should have him
stabilized relatively soon.

We talking hours, days?

Best guess-- 24, 48 hours.

He's going to be in
a lot of pain, though.

I don't know how long
it'll be before he feels
strong enough to talk.

Well, knowing Frank,
it won't be that long.

Okay, that's not
funny anymore.

Leave a number.

I'll have
somebody call you.

The sooner, the better.

Hey, they won't tell us
anything.

He should be okay.

What does that mean?
Paralyzed, wheelchair, what?

Hey, he's going to hurt.

A bullet in the back
will do that.

One bullet?

He took a leg full
of shrapnel in Kosovo.

Oh, yeah, Frank's got fans
all over the world.

Frank Elliot happens
to be a great correspondent.

And you are...?
Coworkers.

Oh, you do the sports, right?

Mm-hmm.

You mind telling us
what went down tonight?

Nothing out of the ordinary.

Kick in the butt is,
Frank was heading back

to the Middle East
in the morning.

I thought after that last thing,
he couldn't go back.

You don't say no to Frank.

So the three of
you were having

a couple of pops?

Till Frank left for Gia.

Who?

Gia Whitchurch?

She broke up

his fifth marriage.

Fourth.

Whatever. Anyway, she left him
alone at the bar.

I know what happened.

I can't believe it,

but I don't know
what I can do about it.

Uh, it turns out
that you might've been

the last person to speak to him
before...

Hold on. I thought they said
he was going to make it.

He is. I was going to say
before he was shot.

Sure.

You want to know
what we talked about.

Nothing earthshaking,
just Frank being Frank.

He asked, I answered...
in the negative.

And that pissed him off?

Oh, come on.

Frank's not looking
for Ms. Right.

He's looking for Ms. Right Now.

He gets a no, he just moves on.

Look, Frank plays around.

Everybody knows it,
but nobody takes it seriously.

At least not seriously enough
to try to kill him.

So you don't think
this had anything to do

with boy meets girl?

I wouldn't count it out.

But the truth is,
in the minute and a half

Frank and I were together,
he got threats, like, every day.

From?

Mostly from people
whose lives he ruined.

Frank is a good reporter.

He knows where the story is,

and he's not afraid to be
confrontational to get it.

Confrontational?
That's one way to put it.

Right. The truth
usually angers people.

Oh, give me a break.

Did it ever anger
anybody enough

to take a couple
of shots at him?

A couple of months ago,

Frank did a story on Ted Lester,
the CEO for Zyfco.

He caught him dipping
into the company till.

Pissed Lester off to no end.

And Lester got canned?

Not yet.

So in other words--
no harm, no foul.

So far, maybe, but the rumor is,
Lester is about to be indicted.

Sorry, it has to be like this.

We have to get to Teterboro
for a flight in 30 minutes.

You know how traffic can be.

Mr. Lester, we need to talk
to you about Frank Elliot.

Frank Elliot is a righteous,
opportunistic...

What?

Frank Elliot is a righteous,
opportunistic bottom-feeder.

Be that as it may,

when was the last time
you saw him?

In person?

Not since he ambushed me
coming out of a fund-raiser.

Look, I heard about
the shooting; it wasn't me.

Although, I would like
to express my sincerest kudos

to whoever finally decided
to do the world a favor.

Okay, just so
our report's complete,

where were you last night?

Flying back

from a shareholders' meeting
in Aspen.

Got in just after 2:00 a.m.

Can anybody confirm that?

Paul!

What time were we
wheels-down yesterday?

About 20 after 2:00.

I had to call from the plane

to change the car service
pick-ups.

If you see Frank,
send him my best.

There was no one
on the street...

Well, no one
that I saw, anyway.

So you got your wallet,
money clip, jewelry...?

I've got it all.
Somebody wanted... me.

So, um, can I take it from this

that, uh, you're nowhere
in the investigation?

Some people think

we don't move too quick unless
there's a little grease,

if you know what I mean.

When are you going to let
that go?

I aired that piece
on the 12th Precinct

almost three years ago.

Yeah, well, the taste
still lingers.

He was a dirty cop.

He might have been,
but we'll never know

since his suicide
kind of put the kibosh

on I.A.'s investigation.

All right, why don't
y'all agree to disagree,

for the time being?

Now, did you leave
the club with anybody?

Nobody. A young lady
at the bar

told me there was some gossip
about me on Page Six.

So I went out to get a copy
of the Post.

Next thing, boom...

I feel something burning
a hole in my back.

I think I remember falling,
but... that's it.

Well, you must have put together
a short list

of who you think did it.

Yeah, maybe you should start

with some of your friends
at the 12th.

Uh... sorry.

Of course I want to help.

Um, top of my list would be...

Barry Boyd.

He's the one dude
who's crazy enough

to try something like this.

He's got a grudge?

I exposed him

for the slime bucket that he is.

Can you believe this bastard?

He convinced welfare moms
to let their kids use

broken playground equipment,

just so they would get hurt
and he could sue the city.

I do good sometimes.

So, what? He threatened you?

No, he attacked me at Elaine's.

His story was crap.

But I couldn't have bought
that kind of publicity.

No such thing
as bad press, huh?

Not in my business.

Look, Elliot couldn't prove
a damn thing.

The piece didn't even lead
to disciplinary sanction.

This business is
all about profile,

and he raised mine
another notch.

I should probably thank him.

Instead, you attacked him
in a restaurant.

Okay, the truth is, I may
have screamed at him a little.

Well, he says it was
a little more than that.

You look like you've had
a couple of drinks now and then.

You know what?

I drink, I start spewing
a lot of nonsense.

Who knows?

I might have said something
horrible about his mother,

who, for all I know,
is a very nice lady.

That's it?
The truth is, if I only
represented people

Frank Elliot did stories on,
I could make a very good living.

Odds are, there's some kind
of a lawsuit

just floating around
out there,

waiting for me
to pluck it out of thin air.

Plucked anybody lately?

A gold mine.

The families
of Sergeant Dixon Hawes

and Captains Thomas McCann
and William Short.

We're suing Elliot and his
network for wrongful death.

Hawes, McCann and...
Short.

They were the American kids

killed in the ambush
near Tikrit last month.

The three soldiers--
or peacekeepers,

I guess we call them now--
were hit by snipers

on their way to take out

an Iraqi resistance
training camp.

And they blame Elliot?

Don't you?

After the Iraqis saw his report,

it was like shooting fish
in a barrel.

I can't tell you
exactly where we are,

but I can say that the 81st is
operating within 100 kilometers

of a mid-sized city.

Just outside this city,
there are two training camps

for Iraqi resistance fighters.

Within the next 48 hours,
I'm told,

one of these two camps
will be hit.

Three of our boys dead
and Elliot gets shipped home

for a Pentagon debriefing.

Which is probably code

for threatening to shove his
mike where the sun don't shine.

And the network exec
you spoke with

forgot to mention
they were being sued?

She said that they were already
negotiating with the families

of the boys that were killed,

that they stand behind
Elliot's report.

They would admit no liability,
but were acting

with what she called
"an abundance of caution."

More like an abundance of guilt.

A billion dollars a week

to help people who don't want us
there in the first place?

They aren't the only ones
who should feel guilty.

Sure, why don't we just pull out
and give Saddam

his old job back.

You know what I'm talking about.

All I'm saying is,
now that we're in there,

we shouldn't be half-assed
about it.

Hey, man, just because
Washington decides

to commit to something,

doesn't mean we should
shut up and salute.

It also doesn't mean
we have to help the enemy.

We all know where Elliot's
sympathies on the war were.

Maybe him being embedded
with the troops,

he had a better view
than we do.

Thanks. Ballistics ID'd the gun
and ammo:

a modified Beretta M9,

made especially
for the military.

Standard issue to every member
of the United States Army.

Sounds like somebody in uniform

would rather have Elliot
entombed than embedded.

No offense, but the list
of people who don't care

for Elliot extends
way past the military.

Oh, I'll second that,
but right now,

one of your guys
may be our best bet.

We're gonna need names
and addresses

of members of the 81st.

They're in Tikrit right now.

Well, what about guys on leave,
retired members, AWOL?

In any case,
we're not in the habit

of giving out
this sort of information.

Now, that's
a shame.

Sorry.

No, we're sorry,

because when Elliot
gets wind of this,

you're gonna be all over
the 6:00 news.

Can you spell
cover-up?

Well, there are always
a few soldiers

who deploy late or come home
early for personal reasons.

Good.

So, can we have a list
of the names and addresses?

So, of the three active-duty
members of the 81st

in the U.S.
when Elliot was shot,

we have one in surgery
and one in the stockade.

My math says
that's two.

Yeah, and one George Meacham,
who was here on emergency leave.

His dad died.

Please tell me
he was in the city.

Not only was he here,
his mom lives three blocks

from where Frank Elliot
got himself shot.

George is the fourth generation

of Meacham men
to serve in the Army.

You must be very
proud, Mrs. Meacham.

We just need to ask
him a few questions.

Oh, I don't think
you can.

Why is that?

Because he shipped out
for Iraq yesterday.

This is Denise,

George's wife.

She's up from Virginia
for the funeral.

Detectives
Briscoe and Green.

George got emergency leave
because his father died,

and he had to get back
right after.

I'm sorry.

Well, he believes
in what he's doing.

George was here
two nights ago?

Yeah, that was
his last night.

We had kind of
a party for him--

his old high-school buddies--
and he shipped out

at 0600
the next morning.

The party
was here?

No, it was at a bar
around the corner,

the Blarney Stone.

We were there
till maybe 2:00.

Did George do
something wrong?

No, it's just
that he may have been...

It's just that he, uh, may
have witnessed a shooting.

Frank Elliot?

Let me tell you,
the man is a rat.

We hold him
personally responsible.

George and Dixon
were like brothers.

Dixon Hawes?
The one who...?

He's dead
because of Frank Elliot.

Yeah, they were here.

Sendoff for one of them.

I'll tell you what,
it was a good night.

Lots of toasting,
lots of drinking,

lots of guys hugging guys...
not in a weird way.

So, the guest of honor,
was he here the whole time?

You mean in here?

It's not

a trick question, Pat.

The crapper's
on the fritz.

There's only one urinal.

When guys take a squirt,
they go out back.

So, you're not sure
if George Meacham

was actually inside
the place the whole time?

There were, like, five of them,
plus the guy's wife.

They came and went.
I wasn't keeping track.

We were kind of busy
for a weeknight.

So, as far as you know,

Meacham could
have been gone

15 minutes or
a half an hour.

I'm sure he was here
when I closed up.

At 3:00 in the a.m.,

"God Bless America" brings tears
to your eyes.

No way.

I was on the door that night.

I would have noticed
a guy in uniform.

Hell, I would have bought him
a drink myself.

And so would I.

Yeah, our boys are doing
a great job over there.

The way I see it,
nuke 'em all.

Well, what about a dude
that looks like

he was in the military--
you know,

in shape, tattoos, short hair?

Crewcut count?

Yeah,
that's perfect.

Yeah, there was a guy.
Short, black hair.

He had a tat... over here.

Said something about business...

uh, "business is good."

Business
is good?

Maybe he's from the
Chamber of Commerce.

You know, he did ask
for that guy, Elliot.

And you let him in?
Not a chance.

The guy already had his limit,
if you know what I mean.

He was loud, he wasn't making
too much sense.

He was losing it.

All right, man, if you remember
anything else, holler.

I appreciate
all the help

you've given us
so far, Colonel.

But it turns out,
to do a thorough investigation

my detectives need to talk
to George Meacham face to face.

That's going to be
difficult, Lieutenant,

considering Sergeant Meacham
is forward-deployed right now.

What's one soldier?

Hell, I'll bet
he'd appreciate
a trip home.

By the time we figured out
the logistics on this thing...

You know, legally,
the DA tells me

that he can get a judge
to issue a writ.

I've already spoken to our
JAG officers who tell me

with the evidence you have,
a writ is not a sure thing.

He tried to kill
one of our citizens, Colonel,

right here
on the streets
of New York.

Now, if you're
protecting him...

Believe it or not,
we have enough to do

without the NYPD
or Frank Elliot

or anyone else
getting in the way.

George Meacham
is not going on vacation.

He's heading
for a place

where he'll spend his
days dodging bullets.

I'm sure he has nothing to hide.

And if he's lucky enough
to make it back alive,

you'll have your chance
to hear it from him then.

He's not "going" on vacation?

Excuse me?

That's what you just said--

he's not "going" on vacation.

He's "headed" somewhere.

Sounds like you're saying
he's not actually in Iraq yet.

That's right.

He's at Ramstein Air
Force Base in Germany,

waiting for transport
to his unit.

Now, that's
a good thing.

Ramstein, being an
American military
installation,

is considered a
part of the U.S.
for legal purposes.

That gives a civilian
court jurisdiction.

I think we could argue that...

Let me ask you
something, Colonel.

Do you know of any soldiers
getting tattoos

that say "Business is good"?

It's a slogan--
second half of one, anyway.

Hard-core members of the 81st
put it on their left arm.

Uh-huh.

And, uh, what do they put
on their right arm?

"Killing is our business."

I can't wait till
the press gets
ahold of this.

Straight ahead,
Sergeant.

Sir.

Come along, Sergeant.

Sorry about the false start
and about all the travel.

Oh, I was told
I'd just be answering

a few questions
and turning right back around.

Detectives Briscoe
and Green, NYPD.

Nice to meet you,
Sergeant.

The quicker
the better.

First order
of business, Sergeant,

is handing over
your sidearm.

I'm not sure
what's so hard to understand.

I went to a bar,
I got drunk,
I came home.

How long were you at the bar?

Maybe three, four hours.

Did you ever leave?

Yeah, to take a leak.

How about the stroll
over to Lotus

to see your friend,
Frank Elliot?

Why would I do that?

I got enough of him
in the desert.

Doesn't sound to me
like you liked it.

Yeah, I knew
he was gonna be trouble

when he showed up dressed
like Hemingway going on safari.

The thing is, George,
the bouncer at Lotus

saw somebody
that looks just like you

trying to get into
the club that night.

Yeah. So what?

So, why don't you
help yourself

and explain to us what
the hell happened?

All right, yeah.

We were at the bar.
A cabbie came in.

Said he dropped Elliot off
at this club around the corner.

Yeah, so I walked
over there.

Why, George?

Dixon Hawes was a good soldier.

Okay, I would give my life
for him...

or for Thomas McCann
or William Short.

Yeah, I walked
over there,

but the ape at the door,
he wouldn't let me in.

End of story.

And you just
let it go?

What was I supposed to do?
I mean...

guys, we're at war, okay?

People are dying.

These-these reporters,

they are more interested
in their ratings.

You're talking about
embedded journalists.

Journalists, right, yeah, yeah.

Let me ask you a question.

If your life depended on me,

would you report anything
negative about me?

Or that my unit's military
actions were unsuccessful?

That's crap.

And you think Elliot
went a step too far?

The man gave away our position
and our movements!

If I did that,
I'd be court-martialed,

and I'd be hung as a traitor.

Am I glad somebody shot at him?

Yeah.

Am I upset he's not dead?

Yeah.

Did I have something
to do with it?

Not a chance.

Why?

Because I am a citizen,
I am a soldier,

and I respect
the laws of this country.

We've got motive
up the ying-yang,

opportunity...

And he's got the flag.
What about ballistics?

Still working on it.

The problem is, the Army's
got him heading overseas

tomorrow morning.

Arrest him.

I'll call the Army
to cancel his ticket.

Docket number 026794.

People versus
George Henry Meacham.

The charge is Attempted Murder
in the Second Degree,

Assault in the First Degree.

How do you plead,
Sergeant Meacham?

Not guilty,
Your Honor.

Bail?

The People request
remand, Your Honor.

Sergeant Meacham
is on active duty

with the Army
and scheduled for

immediate
transport
overseas.

ROR, Your Honor.

Just what I was thinking.

In addition, the
defense would ask

for an expedited
trial calendar

in that Sergeant
Meacham would like

to get this matter resolved

as quickly
as possible,

so that he
can ship out.

Is that a problem
for the people?

No, it's not,
Your Honor.

Well, I know this place
rarely works

with military efficiency,
but we'll see

what we can do.

You know, the Military Courts
have concurrent jurisdiction.

I could very easily challenge
the venue of this proceeding.

The people Sergeant Meacham
works for, however,

don't want this to look like

they whisked him off
in the dead of night

to be tried
by an overly sympathetic jury.

You mean, they
don't want

the press to think that.

It's not our granddaddy's war.

Well, to spare
the military

any harmful press,

I'm willing to drop
the attempted murder charge.

He pleads to Assault One

and serves
the maximum.

I didn't shoot
him, I...

All this because George happened
to be in the same city

as Elliot the night
he was shot?

He was around
the corner

from the shooting.

He showed up at the bar

Elliot was
drinking in.

The weapon was
military issue.

Yes, it was.

And that's
what got me thinking.

In the list
of physical evidence

sent over by your office,
I didn't see a ballistics report

indicating that George's sidearm
was, in fact,

the weapon in question.

I'm sure that was
just an oversight.

The testing
wasn't completed

at the time of the arrest.

Well, then,

perhaps we'd better wait

before either of us commits
to anything.

Come on, George.

The bullet that came out
of Elliot

didn't come from
the gun you gave us.

That's sort
of big news.

You didn't think
I'd want to hear

something like
that right away?

I thought you'd
want to know the
whole story.

Evan, what else is there?

The gun you gave me
didn't belong to George Meacham.

You're kidding?

I'm not that kind of guy.

No, the Army is very serious

about registration.

The gun you gave
me belonged to

a Sergeant Dixon Hawes.

Dixon Hawes, as in
the deceased Dixon Hawes?

Hawes's body was at the Ramstein
Air Force base in Germany,

waiting to be
shipped back home,

while Meacham was there waiting
to be transported back to Iraq.

So, Meacham had an opportunity
to switch weapons.

Of course, he claims

that they were stationed
together for so long

that the guns were probably
just switched accidentally.

Serve the Army with an order

to produce the gun
that was with Hawes's gear.

I did, and they've assured me
that they'll send the gun ASAP.

But?

They can't find it.

It was never recovered
from the battlefield.

You know Elliot's going
to make a meal out of this.

Yes.

We're having lunch.

We'll be right there.

That was Arthur's
secretary.

This can't be good.

Convenience or conspiracy,
you tell me.

The gun used by a sergeant
in this man's army

to put a bullet into my liver
has disappeared.

To what lengths
will the Pentagon go

to keep this reporter
off Iraqi soil?

To what length will it go
to shut me up forever?

One more question
for you, sir...

This yo-yo is going
to ruin our case.

What can we do?
Frank Elliot

never met a camera
he didn't like.

Hell, it's
the people

who are watching Frank Elliot
I'm concerned about.

We have no idea what his
rhetoric could do to a jury.

Well, on the other hand,

it's the Pentagon
that's not held

in the highest regard right now.

Says who?

Knuckleheads like Elliot?

The fact is that a majority
of informed Americans

believed in this war then,
and they believe in it now.

Informed?
By whom, Arthur?

Just get a gag order.

Opposing lawyers in agreement?
What am I missing?

I think both sides
are looking

for a fair and just
conclusion to this case.

That's a crock.
Elliot's a wild card.

Neither of you know
just what effect

his grandstanding's gonna
have on the jury pool.

The very notion that it will
have any effect whatsoever...

Yada, yada, yada.

I guess the
grandstanding
is going around.

Your Honor...
Stop, guys.

You've won.
I'm gonna grant the gag order.

But even money says
we'll all be back here

within 48 hours of you breaking
the news to Elliot.

Unacceptable.

Sorry. Judge Bright
already entered his order.

Which extends to
all lawyers and principals.

Oh...

for a minute, I thought
I was back in New York.

What a relief to find out

that I'm still smack dab
in the middle of Tehran.

If you think about it,
this could actually help us.

So would burning Meacham
at the stake,

but I don't see us doing that.

Let me ask you, Frank,

are you more interested
in justice or headlines?

I didn't know the two were
mutually exclusive.

No offense, but I'm obligated
to do something about this.

For the record,
I'm recommending

that you retain
counsel, Mr. Elliot.

Your Honor may
not be aware, but
I am an attorney.

Did you ever
practice?

Is that relevant?

Again, I recommend
that you retain...

You don't need a law degree
to see what's going on here.

They couldn't stop me
with a bullet,

so they're trying to do it
with the law.

They?

Washington,
Judge.

The Pentagon. Clearly...

Excuse me, sir,

but I was the one
who signed the gag order.

Which is a violation
of the First Amendment.

And I've got a shelf
full of case law

that says it's not.

Please approach,
all four of you.

And in how many
of those cases

was the person opposing the
gag a member of the press?

I just wanted to see
if your arguments

would be the same out of earshot
of your friends from the media.

The order also violates
the Contract Clause.

By preventing me from pursuing
my chosen profession,

the Court is interfering
with my contractual rights.

Mr. McCoy?

The Contract Clause
has never applied

to an individual's
employment contract.

I'm sorry, Mr. Elliot.

Without overwhelming evidence

that a gag order
would irreparably damage

the public's right to know,
the gag stands.

I'm not on anyone's side,
Mr. Elliot.

I'm just trying to preserve
some semblance of a fair trial.

How can it be fair
without public scrutiny?

Doesn't the Sixth Amendment
guarantee an open trial?

Excuse me.
Mr. Frank Elliot?

Yes.

Yes, I am FBI
Special Agent Glover.

I'd like to advise you

that you are being placed
under federal arrest.

For what?

Treason, sir.

You have the right
to an attorney.

If you cannot afford one,
one will be provided

for you by the Court.

Well, they finally found
a way to shut him up.

Are you kidding?
This is exactly

the kind of thing
Elliot lives for.

It's the next best thing to
being shot on the battlefield.

To be honest,
I always thought

the U.S. Attorney's office

would keep its politics
out of our justice system.

Excuse me.
Didn't Frank Elliot disclose

military secrets
on the battlefield?

If the Justice
Department

actually considered
what he did treason,

why did they wait all that time
to arrest him?

To brace themselves
for the political repercussions.

And they're finally braced? Now?

Right when we're about to go
to trial against a soldier?

You know what I'm going
to do?

You're going
to give

the Assistant U.S. Attorney
in charge

of this Elliot thing
a chance to present his case,

before you fly off
into the wild blue yonder.

And what if I don't?

His name is
Andrew Spivack.

He's not an unreasonable sort.

Honestly, I don't understand

your concern.

Frank Elliot
is unlikable enough
to begin with.

Calling him a traitor gives
the jury reason to acquit.

He did give military secrets
to the enemy.

Oh, come on, Andrew!
It's not like

he was selling
nuclear secrets.

Really?

How many people actually died
because of the Rosenbergs?

My guess, it's three less than
died because of Frank Elliot.

Do you want the politically
correct response to that?

Shoot.

You're walking
a razor's edge.

It could tear
the First Amendment in half.

And the politically
incorrect response?

You're going to ruin my case.

I've got a cousin
who's over there,

and I don't want him coming home
in a bag

because of some pinhead
like Elliot.

You'll never win.

Maybe I just think it's a point

that's worth getting made
sooner rather than later.

I can't believe it.

Someone in
the Defense Department

recommended Meacham get a medal.

Now it's officially become
the hero versus the traitor.

Well, maybe we should
reconsider our offer.

Or we can focus on proving
that the hero wasn't so heroic.

If we can show that Meacham
acted out of vengeance

and not because he considered
Elliot a traitor...

Well, that's a great idea.

Only, how can we prove
what was in his head?

One thing I know
about guys in a bar--

they can't keep a secret.

Talk to the friends
who were partying with Meacham

before he went
to find Elliot.

George enlisted
right out of high school.

I thought about it,
but what the hell, you know?

My old man had
the business.

People yell;
they don't shoot.

You guys stayed
close over the years?

Yeah, sure. I mean anytime
he was in town, you know,

we go for a beer or two
with Willie and Lip.

The four of us that way
since the fifth grade.

What did you think about
the tattoo on George's arm?

The killing thing.

I mean, it's cool and all.

That is what he does
for a living.

You don't sound
like you like it.

My Dad cut two-by-fours.

George's Dad served
in the Gulf War.

I'm not disrespecting
what he does.

I mean, it's just that...

Anyway, I sure as hell
am not going to say

anything that's
gonna hurt him.

I just want to know
what happened.

Did George say
anything?

He had a couple of beers, okay?

The cabby came into the bar.

He was bitching about Elliot,
and he dropped him at Lotus.

You know I told
the cops all this.

I just want to fill in
the blanks.

Did George tell you
what he expected to do
if he found Elliot?

Yeah, he said he was going to
rip that rat-bastard a new one.

Sorry.

He said that Elliot
wouldn't open his yap

on his next trip to Iraq.

But I swear, he said nothing
about shooting anyone.

Because he thought

he was helping
his friend, that's why.

With friends
like that...

I'm sorry, I don't see
where you're going, Jack.

Have some ribs.

Delicious.

Meacham went to Lotus to warn
Elliot to keep his yap shut.

If he thought he was
legally guilty of treason,

he never would have thought

he would ever set foot
in the Middle East again.

Ergo, Meacham didn't
consider him a traitor

when he pulled the trigger.

And no amount of
federal razzle-dazzle's

going to change that

in a state
attempted-murder trial.

Only, Meacham can still claim
that he didn't do it.

And he'd be laughed
out of the courtroom--

Too many coincidences.

A jury would see
right through him.

If you don't like ribs,
the cold noodles...

Well, it looks like
Meacham's friend

went right to Griffin
after I spoke with him.

This is Griffin's Notice

to Present an Affirmative
Defense of Justification.

He's gone through
Door Number three.

You're kidding.

He's claiming
that Meacham shot Elliot

to prevent him from disclosing
military secrets

that would cause the death
of any more American GIs.

Huh!

Justified!

That's a crock.

People in this country
shouldn't be gunned down

on the street when they're
out buying a newspaper,

whatever their
political beliefs are.

And you think the shooting
was politically motivated?

What else?

It's no secret
that I believe this to be

a fictitious war
waged by a fictitious President

as part of some
familial vendetta.

When you reported
your story

about troop movements from Iraq,

were you breaking the rules
set up for embedded reporters?

The military doesn't
make the rules.

What is it, 30 years ago?

The Court
in the Pentagon Papers case

ruled that current news
of vital importance

to this country
cannot be subject

to prior restraint
by the government.

And you consider
troop movements vital?

Killing people?

Yes, I think that qualifies.

What about
the American soldiers

killed because of
your story?

I'm really sorry that they died.

If you know anything about me,
you know that I was

dead set against this war
right from the get go.

But think about it.

If the Pentagon
honestly believed
I was responsible,

would I have been permitted
to go back?

You were arrested
for treason.

And was immediately
released on bail.

They just wanted to hand
their boy

a "Get Out of Jail Free" card.

They didn't
care whether
he was guilty.

They just care
about PR.

An informed public ruined
their party in Vietnam.

They can't let that
happen again.

But isn't it true

that they use embedded
journalists such as yourself

to keep the public informed?

They embedded us

to sell the product, period.

They just care about spin,
positive spin.

The Jessica Lynches
become heroes,

and the Frank Elliots
become villains.

So, you're saying

you'd do the same thing
on your next visit to Iraq?

Well, it's not only my job,

it's my right and duty
under the First Amendment

of the Constitution.

I'm not here to argue

Constitutional law
with you, Mr. Elliot.

But since you brought it up,
I wonder if you're aware

of the Supreme Court's exception

to the prior restraint rule
when it comes to

protecting our soldiers.

A reporter cannot disclose
troop locations or objectives.

If you look at my report
closely, I didn't.

I disclosed no specifics.

Are you familiar with the
legal definition of treason?

Objection.
Irrelevant.

Your Honor, I'm trying
to establish that my
client was justified

in shooting
the witness.

Answer the question.

It consists of
levying war

against the United States

or giving aid and comfort
to the enemy.

Let's focus on "giving aid
to the enemy," shall we?

The Constitution guarantees
the people

the right to a free press.

Exercising that right cannot,
by definition, be treason.

Even if it means
getting our boys killed?

It's a war, Counselor.

People are dying
on a daily basis.

I mean, read the papers.

In fact, look at the headlines

in the Post
on the day that I was shot.

Six American soldiers
were killed by a car
bomb in Baghdad.

And you don't see
a difference
between that

and the killing of Dixon Hawes,

Thomas McCann
and William Short?

No, I don't.

They're dead because of some
outrageous political agenda.

It had nothing to do with me.

It was just
a coincidence

that your report
the day before they were shot

disclosed troop movements?!

Possible movements.

Splitting hairs, aren't we?

If I don't report
what I see,

what good am I?

If a reporter isn't honest
and open,

what purpose
does the media serve?

And you are planning
on splitting those same hairs

during your next visit

to Iraq?

Yes.

And to hell with the Americans
who might die because of it?

I knew them all.

They were good soldiers.

Dix and I...

uh, we were very close.

That's Dixon Hawes?

That's correct.

We trained together.

I'd known him since '98.

Please describe
what happened

on the day he died.

We started moving
before dawn.

I'm sorry,

but did you know
where you were headed?

We're not informed
of specific objectives.

Well, that's curious,

because people back in Brooklyn
and Taos and Tampa Bay

knew all about it,
thanks to Mr. Elliot.

I wouldn't know.

We moved maybe

three klicks
when the shooting started.

The sun wasn't up yet.

And Dix-- uh, Sergeant Hawes--
was beside me.

He had been shot

through the neck.

I carried him over
to the medical officer,

but it was too late.

So...

When did you learn that Frank
Elliot was responsible...?

Objection.

Rephrase.

When did you learn
about Mr. Elliot's report?

A few days later.

He had already shipped out.

Okay, now,
you testified

that a cabby told you
he dropped off Mr. Elliot

at a club called Lotus,
is that correct?

Yes, sir.

Did the cabby tell you
anything else?

He said that Elliot told him

he would return to Iraq
the following day.

Did you want Frank Elliot dead?

Yes.

So, you
in fact, felt

an obligation to
take matters into
your own hands?

Yes.

Please tell us why.

To stop him from causing
the death

of any more American soldiers.

What did Mr. Elliot say

when you asked him not to make
similar reports in the future?

He didn't say anything.

Why not?

I didn't ask him.

Did he say anything when you
confronted him on the street?

No.

Why do you suppose that is?

He didn't see me.

That's right.

You shot him in the back.

Kind of like the snipers
who killed...

Objection.

Sustained.

You testified
that you left

your party at the Blarney Stone

in order to shoot Frank Elliot,
isn't that true?

Actually, I said
I wanted him dead.

Actually, I think you said...

If you could just read
that back?

"Did you want
Frank Elliot dead?

"Witness: Yes.

"Mr. Griffin: Did you,
in fact, feel an obligation

"to take matters
into your own hands?

"Witness: Yes.

"Mr. Griffin:
Please tell us why.

"Witness: To stop him
from causing the death

of any more
American soldiers."

I guess you were right.
Pardon me.

Did you shoot Frank Elliot?

You watch the news, don't you?

I shot a traitor.

The Army might give me a medal.

Please answer the question.

I'm a good soldier.

Your Honor?

The FBI arrested him for...

The witness will answer
the questions asked.

Sergeant Meacham...

did you shoot Frank Elliot?

No! 'Cause if I pulled
the trigger, he'd be dead now.

What the hell is going on?

Even I know you're never
supposed to ask a question

you don't know
the answer to.

I wouldn't worry about it.

George Meacham's credibility
is shot to hell.

More importantly, to make out
a justification defense,

he first has to admit
that he did it.

As of now,
he has no defense at all.

Unless the jury
actually believes

he didn't do it.

And we all know
there's just too much

circumstantial evidence
for that to happen.

So... you're saying
this is a good thing?

The defendant changing
his testimony

on the stand can't hurt.

Although,
I'd keep my fingers crossed

the jury doesn't think too hard

about those three shots
he fired at you.

I mean, a marksman like Meacham

should have done better.

Well, he said
he'd been drinking for hours.

Yeah...

that's probably it.

If George Meacham
didn't pull the trigger,

who could have done it?

I mean, we all know that
you have a lot of enemies,

but how many of them
carry military weapons

and were in
this hemisphere

on the night
that you were shot?

And how many
people knew

you were going to leave the bar
at that moment

to go out to read some gossip
about yourself in the Post?

You know what I
don't get, Frank,

is how you
missed the gossip

when you read the
paper earlier that day.

What are you talking about?

You testified
about the headlines

in the Post on the day
that you were shot--

six people killed
by a car bomb.

You never got the paper
out of the vending machine,

so you must have
read it before you
went out to the club.

Serena, are you
suggesting Mr. Elliot

didn't need to leave
the club to buy a paper?

I don't know what you guys
are talking about.

Come to think of it, Frank,

you were over there.

You could have taken a weapon.

That's ridiculous.

No, you know
what's ridiculous, Jack,

is that the cops never would
have heard of George Meacham

if that lawyer
that Frank slandered...

What was
his name...?
Barry Boyd.

...didn't send them
in that direction.

You know what, Frank?

It's a good thing
you turned the cops onto Boyd.

If I were George
Meacham's lawyer,

I might argue that you
set the whole thing up.

And you'd be laughed
out of the courtroom, Serena.

If Frank shot himself,

someone would have found
the gun at the scene.

Well, hard as it
is to fathom,

Frank just might have
a friend or two.

You two should go
into vaudeville.

What the hell?
What do they say?

Never let the truth get
in the way of a good story.

If you're writing fiction.

Oh, grow up!

I'm not the one who
staged a shooting
for self-promotion.

And if I did, how is that
any more fictitious

than what they expect the media
to do over there?

No one is on trial over there.

Well, maybe
they should be.

America deserves the truth,

and that's what I try to report.

But what happens when I do?

They slam the lid down,
ship me out

and sit me down
in front of 12 guys in uniform

who tell me that if I open
my mouth again,

I can kiss my career good-bye.

We're entitled to a free press,

but the government
won't allow it.

That doesn't make what you did
any less despicable.

You want despicable?

What's really despicable

is the Pentagon using
some fake patriotism

to eviscerate
the First Amendment,

and then using the media
to spread that fake patriotism

like manure in a garden.

Look, you can arrest me.

You can charge me
with having myself shot.

But we all know
you can't prove any of it.

Or we could just go to the press

and have you exposed
as a self-important fraud.

Sure, you could.

But without
three confirmations,

their lawyers won't let
them report any of it.

Three cheers
for American justice.

This isn't over.

We'll find the gun.

We'll find the friend
who shot you.

Call me when you do.

Sergeant Meacham's
already on a plane
headed back to Baghdad.

And Elliot?

On a plane right behind him.

Ready to record for posterity

the spread of democracy
throughout the world.

God bless America.

Hear, hear.