All language subtitles for Law.and.Order.S20E01.Memo.from.the.Dark.Side.1080p.AMZN.WEB-DL.DDP5.1.H.264-playWEB_track4_[eng]

narrator: 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.

THIS IS CRAZY.

-YOU CAN'T LEAVE!
-I CAN'T STAY.

EVEN WITH THE WORK-STUDY,
I WON'T MAKE

MY NEXT TUITION INSTALLMENT.

TAXI.

I'LL GET YOU
THE MONEY, OKAY?

I GOT SOMETHING BIG
LINED UP.

DON'T WORRY ABOUT ME.
JUST TAKE CARE OF YOURSELF.

EXCUSE ME.
YOU SPARE SOMETHING?

BEAT IT!

EVERYTHING'S GONNA BE
ALL RIGHT.

I LOVE YOU.

CALL ME, OKAY?

[car doors close]

YOU A MARINE?

YEAH.

HERE. TAKE IT ALL.

-YOU SERIOUS?
-YEAH.

THANKS, BUDDY.

GOD BLESS.

TWO IN THE CHEST.

STUDENT BIKING
THROUGH THE ALLEY

HEARD THE SHOTS
AROUND 21:10.

PATROL GOT HERE QUICK.

FACULTY PARKING GARAGE,
NOT EXACTLY

GROUND ZERO FOR GUN CRIME.

-YOU SECURE THE AREA?
-FIRST THING.

NO INS OR OUTS TILL YOU
RELEASE THE SCENE.

NO WALLET OR I.D., BUT WE
GOT A DORMITORY KEY CARD.

[sighs]
LET'S SEE WHAT ELSE HE'S GOT.

OH.

LOOKS LIKE HE WAS
A BUSINESS MAJOR.

[sniffs]
YEAH, MINORING IN HERBOLOGY.

LOOKS LIKE THE CAMPUS
DOPE DEALER.

MARK HIS REPORT CARD "D"
FOR DECEASED.

[theme music playing]

[theme music ends]

DEALERS.
GOOD RIDDANCE.

THERE'S A BUNCH OF LATINOS
OVER ON 125th.

-MY GUYS KEEP 'EM OFF CAMPUS.
-YEAH.

WE'RE GONNA NEED THE SECURITY
VIDEOS FOR THE GARAGE.

UH, THERE'S ONLY ONE CAMERA.

IT COVERS THE EXIT.

BUT THE RAINS THIS SUMMER
KNOCKED IT OUT OF COMMISSION.

OKAY, WE'LL NEED A LIST OF ALL
THE FACULTY WHO PARK THERE.

-[beep]
-THAT I GOT.

OKAY, IT'S READY.

AND YOUR JOHN DOE IS...

HAYLEY KOZLOW?

IT'S GREG.
GREG TANNER.

HE'S BEEN CRASHING HERE.

I CAN'T BELIEVE THIS.

-HOW'D YOU KNOW HIM?
-WE MET AT THE CAFETERIA.

HE'S NOT A STUDENT
OR ANYTHING.

HE SAID HE HAD
A SISTER HERE.

HE WAS MATURE AND NICE.

REALLY NICE.

HIS DUFFEL BAG'S
MILITARY ISSUE.

-WAS HE IN THE SERVICE?
-YEAH.

UM, GREG SAID HE HAD
NIGHTMARES FROM IT.

BUT WE DIDN'T TALK MUCH,
YOU KNOW?

YOU TALK ABOUT THIS?

OH, MY GOD.

IF I KNEW ABOUT THAT,

I SWEAR
HE WOULD HAVE BEEN GONE.

WAS ANYONE GIVING
HIM TROUBLE?

I DON'T KNOW.

LAST SATURDAY I SAW HIM
OUTSIDE OF ROCCO'S.

HE WAS GETTING INTO IT
WITH SOME HISPANIC GUY,

BUT GREG SAID IT WAS NOTHING.

[slurping drink]

WE'VE GOT A WINNER.

WAIT HERE.

HEY, THE M.E.'S
CONFIRMED IT.

THERE'S NO STIPPLING
OR POWDER BURNS ON TANNER,

SO FIGURE HE WAS SHOT FROM
AT LEAST THREE FEET AWAY.

MM-HMM.

THERE'S A YOUNG WOMAN
DOWNSTAIRS,

JUST IN FROM PITTSBURGH,
LOOKS VERY UPSET.

IT'S THE SISTER
OF OUR CAMPUS DEALER.

WE HAVE ANY PROGRESS
TO REPORT TO HER?

WELL, OUR WITNESS
PICKED OUT THIS GUY

AS SOMEONE TANNER
WAS HAVING A BEEF WITH.

MANNY LOPEZ, WORKS WITH
A DRUG CREW ON 125th.

SO MAYBE THIS WAS
A TURF DISPUTE.

SLUGS CAME BACK TO A .22,
BUT THEY WERE FRAGMENTED.

EVEN IF WE DO FIND
A WEAPON,

MATCHING BALLISTICS
WILL BE IFFY.

ALL RIGHT, LET'S GO TALK
TO MISS TANNER.

[gasps] OH, MY GOD.
MY BIG BROTHER.

WHEN WAS THE LAST TIME
YOU SAW HIM?

IT WAS JUST TWO DAYS AGO.

I HAD TO LEAVE SCHOOL.
MY FINANCIAL AID FELL THROUGH.

GREG SAID NOT TO GO,
THAT HE'D HELP ME.

MEGAN, HOW DID HE
END UP LIVING ON CAMPUS?

IT WAS BECAUSE OF ME.

AFTER HE GOT OUT
OF THE SERVICE,

HE HAD NO PLACE ELSE TO GO.

MY MOM'S AT A HOME
IN PITTSBURGH.

SHE'S GOT PARKINSON'S.

DAD DIED WHEN I WAS TEN.

GREG JOINED THE MARINES
SO HE COULD BE LIKE HIM.

HERE.

[blows nose]

HE NEVER SAID WHERE
THEY SENT HIM,

BUT ME AND MY MOM WOULD
GET EMAILS,

A PHONE CALL AT CHRISTMAS.

THEN HE SHOWED UP
AT MY DORM ONE DAY.

HE'D BEEN DISCHARGED.

BUT HE DIDN'T COME BACK
THE SAME GUY.

HOW WAS HE DIFFERENT?

HE GOT ANXIOUS A LOT.

HE NEEDED HELP, BUT I THINK
HE WAS HAVING PROBLEMS

GETTING HIS ARMY BENEFITS.

MEGAN, DO YOU KNOW WHAT YOUR
BROTHER WAS DOING ON CAMPUS?

I THINK AUDITING CLASSES.

I DIDN'T SEE HIM MUCH
THE LAST FEW WEEKS.

WHY?

WE BELIEVE HE WAS
DEALING DRUGS.

OH, GOD.

GREG.

HE MET THIS GIRL.

I WANTED TO GIVE HIM SPACE.
I SHOULD HAVE--

OH, MY GOD.
I LOST HIM.

EXCUSE ME.

THAT LAST TIME YOU SAW
YOUR BROTHER...

WHAT DID THE TWO
OF YOU TALK ABOUT?

HE SAID HE'D GET ME MONEY
FOR SCHOOL.

THAT HE WAS WORKING
ON SOMETHING BIG.

THE WOMAN HAS SEEN IT ALL.

NOW ONE TALE OF WOE AND SHE
SUDDENLY GOES SOFT?

WELL, IF SHE HEARS YOU
TALKING LIKE THIS,

YOU'RE GONNA BE EATING
THROUGH A STRAW.

NOW THAT'S THE LIEUTENANT
I KNOW.

NO, THE SOMETHING BIG
THE SISTER MENTIONED

COULD HAVE BEEN
A DRUG SCORE.

COULD BE HOW TANNER
GOT HIMSELF

INTO A BEEF
WITH THE COMPETITION.

SO THEY AMBUSH HIM
IN THE FACULTY GARAGE?

OR MAYBE THEY
FOLLOWED HIM THERE?

COULD BE HE WAS MEETING
A CLIENT.

PROFESSOR POTHEAD.

TAKE THIS GUY FOR EXAMPLE.

A LAW PROFESSOR BY THE NAME
OF KEVIN FRANKLIN.

IN THE GARAGE EVERY DAY
AT 1:00.

OUT BY 9:15.

EXCEPT THE DAY
THAT TANNER'S KILLED.

REALLY?

FRANKLIN BREAKS
HIS PATTERN.

LEAVES HIS CAR
IN THE GARAGE OVERNIGHT.

DRIVES IT OUT THE NEXT DAY
AT NOON.

Franklin:
HE LOOKS VAGUELY FAMILIAR.

I MIGHT HAVE SEEN HIM
AROUND CAMPUS.

AND HOW ABOUT
THE FACULTY GARAGE

WEDNESDAY NIGHT,
SAY AROUND 9:00?

I WASN'T IN
THE GARAGE WEDNESDAY.

IF YOU'LL EXCUSE ME,

I HAVE A CLASS
OF LAW STUDENTS WAITING.

ACTUALLY, WE HAVE
A FEW MORE QUESTIONS.

YOU'LL HAVE
TO CALL ME LATER.

NOT SO FAST, PROFESSOR.

WE BELIEVE THAT YOU WERE
IN THAT GARAGE

MAYBE TO DO A LITTLE BUSINESS
WITH MR. TANNER.

BUSINESS?

SCORE A LITTLE POT
FOR YOUR WEEKEND BARBECUE?

ARE YOU KIDDING ME?

I USED TO WORK FOR
THE DEPARTMENT OF JUSTICE.

LOOK, WE DON'T CARE IF YOU
LIKE THE OCCASIONAL JOINT.

WELL, I DON'T.

AND IF I SAW SOMETHING,
I ASSURE YOU

I KNOW MY OBLIGATIONS,
BUT I WASN'T IN THE GARAGE.

THEN TELL US WHY YOU LEFT
YOUR CAR THERE

OVERNIGHT WEDNESDAY.

I FINISHED TEACHING MY CLASS
AROUND 9:00.

I WENT TO WORDPLAY
ON AMSTERDAM TO BUY A BOOK.

WHAT BOOK?

JOHN RAWLS'
THEORY OF JUSTICE.

THE NEW ANNOTATED EDITION.
YOU BUY IT?

NO, THERE WAS A LINE
AT THE CASHIER,

SO I WALKED BACK
TO THE GARAGE,

BUT THE POLICE HAD
ALREADY SEALED IT OFF.

WHAT TIME WAS THIS?

JUST AFTER 9:30,
I GUESS.

MY WIFE WAS WAITING UP,
SO I GOT A CAB

TO GRAND CENTRAL AND I CAUGHT
THE LAST METRO

NORTH TO HASTINGS.

RIGHT. THE NEW RAWLS' EDITION
CAME IN LAST WEEK.

WHAT KIND OF TRAFFIC
DID YOU HAVE

AT THE REGISTER
WEDNESDAY NIGHT?

TRAFFIC?
YOU'RE JOKING, RIGHT?

THIS PLACE IS DEAD
AFTER DINNER.

DEAD. GREAT.

HEY, JUST RAN KEVIN FRANKLIN
THROUGH THE SYSTEM.

HE WAS ARRESTED
IN HASTINGS LAST YEAR.

GET THIS.

ON A CPW.

CPW?
HOW SWEET IS THAT?

MR. FRANKLIN GOT
INTO A FENDER BENDER

ON NORTH STREET
WITH A MAX EPSTEIN.

AND THE CPW?

EPSTEIN CLAIMED FRANKLIN
FLASHED A WEAPON.

THAT WAS AN EXAGGERATION,
BUT FRANKLIN

WAS CARRYING A PIECE
IN THE HIP HOLSTER.

HE SAID HE HAD A CARRIER
PERMIT,

BUT HE COULDN'T PRODUCE IT,
SO THE OFFICER TOOK HIM IN.

-DID HE HAVE A PERMIT?
-TURNS OUT HE DID.

FULL CARRY FOR WESTCHESTER

AND A SPECIAL PERMIT
FOR NEW YORK CITY.

THE CHARGE WAS DROPPED.

WHAT KIND OF WEAPON
DID HE HAVE?

.22 CALIBER SMITH AND WESSON.

SWEETER AND SWEETER.

FRANKLIN'S ALIBI
DOESN'T HOLD UP.

PLUS HE GOT
HIS TIMELINE WRONG.

YEAH, FRANKLIN SAID HE
COULDN'T GET HIS CAR AT 9:30

BECAUSE THE GARAGE
WAS SEALED OFF,

BUT THE FIRST UNIT WASN'T
ON THE SCENE UNTIL 9:45.

SO TELL ME WHY HE KILLED
GREG TANNER.

MONEY. GREG TOLD HIS SISTER HE
WAS WORKING ON SOMETHING BIG.

OUR GUESS IS HE TRIED HIS HAND
AT BLACKMAIL.

Bernard: YEAH, FRANKLIN'S
A TENURE-TRACK

ASSISTANT PROFESSOR OF LAW.

IT COMES OUT HE'S BUYING POT,
HE'S GOT A LOT TO LOSE.

ACADEMIC POST, LAW LICENSE.

NONE OF WHICH ADDS UP
TO PROBABLE CAUSE

FOR A WARRANT FOR HIS GUN.

WE CAN ALWAYS SAY, "PRETTY
PLEASE WITH A CHERRY ON TOP."

CALL ME WHEN YOU
HAVE SOME P.C.

Anita: LOOK, YOU GUYS NEED
TO TIE FRANKLIN TO TANNER.

CALLS, MEETINGS,
EVIDENCE OF BAD BLOOD.

[cell phone rings]

I HAVE TO TAKE THIS.

LOOK, THIS CASE
WON'T CLEAR ITSELF

WITH YOU GUYS SITTING
ON YOUR ASS.

HEY.

I NEVER HEARD GREG MENTION
A PROFESSOR FRANKLIN.

CONFLICT OF LAWS.
CIVIL RIGHTS.

YOU WANT TO BE A LAWYER?

UH, THOSE ARE GREG'S.

IS THERE ANYTHING ELSE UP
THERE THAT BELONGS TO HIM?

THAT FOLDER'S NOT MINE.

HEY, I GOT TO GO TO
A SPIN CLASS, OKAY?

JUST DON'T MESS WITH MY STUFF.

WE GOT YOU.
HAVE FUN SPINNING.

OH.

LOOK AT THIS.

COURSE SYLLABUS FOR FRANKLIN'S
CON LAW CLASSES.

AND THIS.

[tape recorder clicks]

tanner: I NEED YOUR HELP
WITH THE V.A.

IF YOU JUST GO ON RECORD--

Fraklin: I DON'T KNOW
WHAT YOU'RE TALKING ABOUT.

Franklin: I CAN'T DO THIS
WITHOUT YOU.

PLEASE, YOU OWE ME.

Tanner: JUST GET THAT THING
OUT OF MY FACE.

[static]

THAT BAD BLOOD SEEMS TO BE

ABOUT THE VETERANS
ADMINISTRATION.

TANNER'S SISTER SAID
HE WAS HAVING TROUBLE

GETTING BENEFITS.

doctor: SERGEANT TANNER
RECEIVED COUNSELING

FOR 30 DAYS POST-DISCHARGE.

AFTER THAT, HIS TEMPORARY
BENEFITS LAPSED.

OKAY, WHAT WAS
THE COUNSELING FOR?

COME ON, YOU KNOW
I CAN'T GET INTO THAT.

HOW ABOUT WHAT TYPE
OF DISCHARGE HE GOT?

-THAT'S NOT CLASSIFIED.
-HE GOT A 5-13 DISCHARGE.

SEPARATION FROM SERVICE DUE

TO A PRE-EXISTING
PERSONALITY DISORDER.

PRE-EXISTING, MEANING WHATEVER
WAS WRONG WITH HIM,

IT WASN'T SERVICE-CONNECTED,
MEANING THE MILITARY'S

NOT ON THE HOOK
FOR HIS LONG-TERM CARE.

[sighs]
THAT'S HOW IT WORKS.

A GUY HUMPS IT FOR HIS COUNTRY
FOR EIGHT YEARS.

HE COMES HOME
AND THEN UNCLE SAM

JUST KICKS HIM TO THE CURB.

DOES THAT SEEM FAIR,
DOC?

NO, NOT FOR A SOLDIER
WHO REQUIRED

POST-TRAUMATIC STRESS
DISORDER FROM DOING

GUARD DUTY AT ABU GHRAIB.

GREG WAS GUARDING TERRORISTS?

HE SAID WHAT HE SAW
KEPT HIM UP NIGHTS.

FROM THE STUFF THAT TANNER
HAS UNDERLINED,

LOOKS LIKE HE WAS PREPARING
A LAWSUIT

TO HAVE HIS BENEFITS
REINSTATED.

AND HE WANTED FRANKLIN
TO REPRESENT HIM.

CAN I GET YOUR ATTENTION,
PLEASE?

UH, LISTEN.

LAST WEEK, I WAS DIAGNOSED
WITH CANCER.

IT'S MANAGEABLE,
BUT I HAVE TO START

TREATMENT IMMEDIATELY.

I'M TELLING YOU THIS BECAUSE
I'LL BE COMING AND GOING

MORE THAN USUAL AND I DON'T
WANT ANY TONGUES WAGGING.

OH, AND BEFORE I FORGET,
THE CHIEF OF Ds

IS COMING DOWN HARD
ON THE FIVES,

OR SHOULD I SAY
THE LACK OF THEM.

YOU'RE ALL BIG BOYS AND GIRLS,
SO GET THEM DONE ON TIME.

UH, LOO?

YEAH, WHAT YOU GOT?

IT LOOKS LIKE TANNER
WAS AFTER FRANKLIN

TO HELP HIM SUE
THE GOVERNMENT

OVER HIS VETERAN BENEFITS.

EXCEPT FRANKLIN'S
A CONSTITUTIONAL SCHOLAR,

NOT A BENEFITS EXPERT.

WE'LL TALK TO SOME
OF FRANKLIN'S COLLEAGUES.

SEE WHAT THEY KNOW.

-Bernard: HEY, LOO.
-YEAH?

SORRY.

YEAH.

PROFESSOR FRANKLIN NEVER
MENTIONED A GREG TANNER.

I HIGHLY DOUBT THAT HE'D HAVE
ANYTHING TO DO

WITH A DRUG DEALER.

HE'S WOUND TIGHTER
THAN A SWISS WATCH.

HE SOUNDS PRETTY TOUGH
TO GET ALONG WITH.

HE'S VERY COMPETITIVE.

WE'RE BOTH UP FOR TENURE,
EXCEPT I DON'T HAVE

HIS FANCY GOVERNMENT PEDIGREE.

NOT THAT I'M SUGGESTING THAT
HE'S UNQUALIFIED, MIND YOU.

JUST THAT HE'S
VERY WELL CONNECTED.

HE MUST BE.

NOT TOO MANY LAW PROFESSORS
CARRY PERMITS FOR HANDGUNS.

THAT'S BECAUSE
OF THE WORK HE DID

FOR THE DEPARTMENT
OF JUSTICE.

WHAT KIND OF WORK?
DRUG ENFORCEMENT?

NO, ALL I CAN
TELL YOU IS THAT

A NUMBER OF BUSH ADMINISTRATION
DOCUMENTS

HAVE RECENTLY
BEEN DECLASSIFIED,

INCLUDING A FEW MEMOS
THAT FRANKLIN WROTE.

AND, UH, YOU DIDN'T HEAR IT
FROM ME.

MMM.

"TECHNIQUES THAT MAY BE USED
IN INTERROGATION

OF HIGH-VALUE AL-QAEDA
DETAINEES."

NOW THERE'S A SEXY TITLE.

THESE DECLASSIFIED DOCUMENTS

ARE ALL ABOUT HANDLING
TERRORIST SUSPECTS.

THIS ONE SAYS THE PRESIDENT
CAN SEND THE ARMY

INTO AMERICAN NEIGHBORHOODS
TO MAKE ARRESTS.

HERE'S ONE
THAT FRANKLIN WROTE.

"LEGAL STANDARDS
GOVERNING THE DETENTION

AND INTERROGATION
OF UNLAWFUL ENEMY COMBATANTS."

THE ENTIRE PLAYBOOK
FOR GITMO AND ABU GHRAIB.

THE PLAYBOOK THAT SET
THE WORKING CONDITIONS

FOR GUARDS LIKE TANNER.

THE CONDITIONS THAT CAUSED
HIS POST-TRAUMATIC STRESS.

TANNER MIGHT HAVE
SEEN IT THAT WAY.

AND BLAMED FRANKLIN.
HE SAID FRANKLIN OWED HIM.

MAYBE THIS WAS THE PAYDAY
TANNER WAS TALKING ABOUT.

MONEY FROM FRANKLIN
FOR HIS PAIN AND SUFFERING.

THERE'S YOUR BAD BLOOD.

AND OUR PROBABLE CAUSE
FOR A SEARCH.

LET'S GO.

CONNIE, I THINK WE GOT OUR
P.C. ON FRANKLIN.

YOU GUYS ARE ABOUT
FIVE MINUTES LATE.

COME ON IN, DETECTIVES.

PROFESSOR FRANKLIN HERE
JUST CONFESSED

TO SHOOTING GREG TANNER.

HE EVEN BROUGHT THE GUN.

PROFESSOR FRANKLIN
WAS BEING STALKED

BY A MENTALLY
DISTURBED LUNATIC

WHO HAD ACCOSTED HIM
IN A STAIRWELL.

IF THIS OFFICE INTENDS
TO FILE CHARGES,

MY CLIENT WILL BE ARGUING
SELF-DEFENSE.

OF MYSELF AND MY COUNTRY.

A PLEA?

FIRST YOU PUSH FOR
A MILLION IN BAIL

AND NOW YOU EXPECT US
TO TAKE A PLEA?

WE'RE HERE AS A COURTESY
TO GIVE YOU

A CHANCE TO DROP THIS CHARGE

BEFORE WE PUBLICLY
EMBARRASS YOU.

HE SHOT AN UNARMED WAR VETERAN
FROM THREE FEET AWAY

AND WE'RE THE ONES WHO ARE
SUPPOSED TO BE EMBARRASSED?

HE SHOT A TRAINED KILLER
WHO BLAMED HIM

FOR HIS MENTAL PROBLEMS,
DEMANDED MONEY,

AND THEN THREATENED HIM
WHEN HE SAID, "NO."

IT'S A PERFECT CASE
OF SELF-DEFENSE

EXCEPT FOR THE RUNNING AWAY,
THE LYING.

ALL OF WHICH EVINCES
A CONSCIOUSNESS OF GUILT.

NOW HE CAN PLEAD
TO MANSLAUGHTER ONE

OR STARTING TOMORROW,
A GRAND JURY

WILL HEAR ALL ABOUT
HIS DECEPTIONS.

NO, THEY WON'T.

WHAT'S THAT?

A WRIT OF PROHIBITION
TO EXCLUDE ALL STATEMENTS

MY CLIENT MADE TO THE POLICE
ON THE GROUNDS

THAT THEIR INTERVIEW
WITH HIM WAS CUSTODIAL

AND HE SHOULD HAVE
BEEN MIRANDIZED.

THE JUDGE THREW IT ALL OUT.

HIS PHONY ALIBI.

HIS CLAIMS OF NOT
KNOWING TANNER.

I MEAN, IN SHORT, EVERYTHING
THAT MAKES HIM LOOK GUILTY.

I CAN COUNT ON THE FINGERS
OF ONE HAND

THE TIMES I'VE SEEN
A WRIT USED

TO KEEP EVIDENCE OUT OF
THE GRAND JURY.

NOT JUST ANY WRIT,
BUT ONE FRANKLIN

DASHED OFF DURING
A PLEA CONFERENCE

COMPLETE WITH CITATIONS.

BRILLIANT.

ANY EVIDENCE
HE KILLED TANNER

FOR REASONS OTHER
THAN SELF-DEFENSE?

NOTHING. THE ONLY ONE
WHO'D KNOW IS TANNER.

AND, WELL, HE'S NOT TALKING.

THANKS.

OH, IT'S FROM FRANKLIN.

HE'S ASSERTING HIS RIGHT
TO ADDRESS THE GRAND JURY.

SURE. FIRST, GET RID OF AS MANY
INCONVENIENT FACTS

AS POSSIBLE
AND THEN SPIN WHAT'S LEFT

INTO A SELF-SERVING TALE.

YEAH, THE LAW-ABIDING
PROFESSOR

VERSUS THE DERANGED
DRUG DEALER.

SPIN IT THE OTHER WAY.

MAKE GREG TANNER AS CUDDLY
AS A WEEK-OLD PUPPY.

GREG WAS SMART.

PEOPLE LIKED HIM.

HE BELIEVED IN SERVING
THE GREATER GOOD.

BUT WHEN HE WAS OVER THERE
IN THE WAR,

SOMETHING INSIDE HIM BROKE.

HE SUFFERED FROM
POST-TRAUMATIC STRESS.

THAT'S WHAT HIS PSYCHIATRIST
TOLD HIM.

HE WORKED IN THE PRISONS.

HE SAW INTERROGATIONS.

PEOPLE BEING HURT,
BEING HANGED IN A SHOWER ROOM.

HE HAD NIGHTMARES.
HE COULDN'T KEEP A JOB.

MR. TANNER APPROACHED ME
ONE NIGHT AFTER CLASS.

HE TOLD ME ABOUT HIS GRIEVANCE
OVER HIS MILITARY DISCHARGE.

HE WANTED MY HELP SUING TO HAVE
HIS BENEFITS REINSTATED.

HE THOUGHT BECAUSE I WORKED FOR
THE DEPARTMENT OF JUSTICE

UNDER THE BUSH ADMINISTRATION

THAT I HAD SOME SPECIAL
EXPERTISE.

WHAT WORK SPECIFICALLY
DID YOU DO?

I WROTE ADVISORY MEMOS
GOVERNING THE MANNER

IN WHICH SUSPECTED
TERRORISTS WERE HELD.

BECAUSE MR. TANNER GUARDED
THOSE DETAINEES,

HE THOUGHT I HAD INSIGHTS
INTO THE CONDITIONS

THAT HAD CAUSED HIS
POST-TRAUMATIC STRESS.

I TOLD HIM HE NEEDED
A SPECIALIST

IN HEALTHCARE LITIGATION.

I THOUGHT THAT
THAT WAS THE END OF IT,

BUT A WEEK LATER,
HE CONFRONTED ME AT THE GARAGE.

HE WAS AGITATED.
HE DEMANDED MONEY.

HE SAID THAT I WAS RESPONSIBLE
FOR HIS MENTAL PROBLEMS.

I TRIED TO REASON WITH HIM,
BUT HE WOULDN'T LET ME LEAVE.

I WAS TRAPPED
BY THIS DERANGED EX-SOLDIER.

DID HE ACTUALLY
THREATEN TO KILL YOU?

I WAS IN FEAR FOR MY LIFE.

HE KEPT SAYING,
"YOU'RE NOT LEAVING."

AND THEN HE STARTED TOWARD ME
AND THAT'S--

THAT'S WHEN I SHOT HIM.

HE FELL.
HE STOPPED MOVING.

WHAT DID YOU DO THEN?
DID YOU CALL THE POLICE?

SOMEBODY ELSE DID.

I WISH THAT I HAD HAD
THE PRESENCE OF MIND

TO STAY CALM,
BUT I WAS IN SHOCK.

AND IT TOOK YOU FOUR DAYS
TO REGAIN YOUR COMPOSURE

AND TURN YOURSELF IN
TO THE POLICE.

NO, I WAS IN CONTACT
WITH THE POLICE

BEFORE THE FORMALITY
OF MY SURRENDER.

YOU WERE IN CONTACT?

PLEASE,
DESCRIBE THOSE CONTACTS.

MR. CUTTER, I WOULD BE HAPPY
TO TELL THE GRAND JURY

WHAT I DISCUSSED
WITH THE POLICE,

BUT THERE'S A JUDICIAL WRIT
PROHIBITING ME FROM DOING SO,

BECAUSE OF THE MISBEHAVIOR
OF YOUR DETECTIVES.

HE COOPERATED
FROM THE GET-GO.

IT WAS THE POLICE
WHO MISBEHAVED.

I LET MYSELF GET BUSHWHACKED.

TWICE.

WE GOT BUSHWHACKED TWICE.

TANNER'S SISTER TOLD THE POLICE
THAT HE NEVER

TALKED TO HER ABOUT
HIS SERVICE IN IRAQ,

BUT SHE TESTIFIED THAT
HE WITNESSED INTERROGATIONS.

SHE MIGHT HAVE GOTTEN THAT
FROM NEWS REPORTS ON THE CASE.

NO, SHE SAID HE SAW PEOPLE
HANGED IN A SHOWER ROOM.

THAT WASN'T IN THE NEWS.

[bell rings]

THANKS.

NO BILL.

GRAND JURY BOUGHT
FRANKLIN'S STORY.

NEXT STOP,
MEGAN TANNER?

I TOLD THE POLICE THE TRUTH.

GREG NEVER SAID
ANYTHING TO ME.

WELL, THEN WHERE DID YOU HEAR
ABOUT THIS SHOWER ROOM?

MY MOM NEEDS TO KNOW
THAT GREG SERVED WITH HONOR

LIKE MY DAD.

SHE'S VERY SICK AND...

IF SHE EVER FOUND OUT
THAT HE DID THAT,

WELL, I DON'T THINK
SHE COULD TAKE IT.

WHY?
WHAT DID HE DO?

WHEN GREG WAS LIVING WITH ME,
HE MADE A VIDEO DIARY.

I FOUND IT ON MY COMPUTER
AFTER HE DIED.

WE WALKED THE DETAINEE
INTO THE SHOWER ROOM.

HE WAS HANDCUFFED AND HE WAS
WEARING A HOOD OVER HIS HEAD.

THE INTERROGATOR
TOLD US TO HANG HIM

BY HIS WRISTS FROM THE BARS
OF A WINDOW LIKE THIS

WITH HIS HANDS BEHIND
HIS BACK UP HIGH,

SO THE GUY CAN'T
KNEEL OR SIT

AND ALL THE WEIGHT'S
ON HIS ARMS AND CHEST.

THE 'GATOR SAID THE GUY WAS
AN UNLAWFUL COMBATANT

AND UNDER THE RULES,
WE COULD DO

WHATEVER WE WANT WITH HIM.

WE HOOKED HIM AND WE LEFT HIM
WITH THE 'GATOR.

AN HOUR LATER,
'GATOR CALLED US BACK IN

AND HE WANTED US
TO REPOSITION THE DETAINEE.

THE DETAINEE
WAS SLUMPED FORWARD.

HIS ARMS WERE ALMOST
OUT OF THEIR SOCKETS.

HE WASN'T RESPONSIVE.

THEN WE TOOK THE HOOD OFF
OF HIS HEAD

AND ALL THIS BLOOD POURED
OUT OF HIS MOUTH.

HE WAS--

HE WAS DEAD.

AND THOSE RULES--

THOSE DAMN RULES WERE WRONG.

WE HAD TO LIVE BY 'EM,
AND IT MESSED US UP.

I FOUND ONE OF THE GUYS WHO
WROTE THE RULES

HERE AT THE COLLEGE.

I GOT TO GET RIGHT
WITH THIS.

I DIDN'T JOIN THE SERVICE
TO MURDER PEOPLE.

CAN WE CONFIRM THIS STORY?

TANNER WAS STATIONED
AT ABU GHRAIB IN 2003,

AND THERE WAS A DEATH
THAT FIT HIS DESCRIPTION

IN NOVEMBER OF THAT YEAR.

Cutter: HE TALKS ABOUT
OTHER INTERROGATIONS

HE WITNESSED IN IRAQ
AND GITMO,

ENHANCED INTERROGATIONS,
WATERBOARDINGS,

WHAT ALL KEPT HIM
UP AT NIGHT.

Connie: MAYBE THAT'S WHAT
WAS GOING THROUGH

FRANKLIN'S MIND
WHEN HE SHOT TANNER.

MAYBE HE THOUGHT TANNER
WAS THREATENING

TO IMPLICATE HIM
IN A DEATH BY TORTURE.

Cutter: FRANKLIN WAS BUCKING
FOR TENURE.

CONTROVERSY'S THE LAST THING
HE WANTED.

NOW HE SHOT TANNER
IN A PANIC,

NOT TO DEFEND HIS LIFE,
BUT TO PROTECT HIS POSITION.

FORGET IT.

YOU HAD YOUR BITE
AT THE GRAND JURY.

FRANKLIN IS GETTING AWAY
WITH KILLING TANNER.

THIS MEMO HE WROTE FOR
THE DEPARTMENT OF JUSTICE

LAID OUT THE LEGAL ARCHITECTURE

PERMITTING THE ABUSE
OF PRISONERS.

ABUSE THAT LED DIRECTLY
TO THIS DEATH IN IRAQ.

YOU COULD ARGUE THIS MEMO
IS AN ELEMENT

IN A CONSPIRACY
TO COMMIT ASSAULT

AND DEPRAVED
INDIFFERENCE MURDER.

SOMEONE COULD TRY
TO ARGUE IT

IF THEY HAD JURISDICTION.

HAVE YOU LOOKED AT
THE TIME STAMP ON THIS?

APRIL 10, 2003,
1 ST. ANDREWS PLAZA.

FRANKLIN WAS WORKING AT
THE U.S. ATTORNEY'S OFFICE

DOWNTOWN WHEN HE WROTE IT?

RIGHT UNDER OUR NOSES.

IT'S THE JURISDICTIONAL
NEXUS WE NEED TO PROSECUTE HIM.

WE ALREADY HAVE THE TESTIMONY

OF ONE OF HIS
CO-CONSPIRATORS.

JACK, YOU WANT
TO PROSECUTE A MEMBER

OF THE BUSH ADMINISTRATION
FOR ASSAULTING

SUSPECTED TERRORISTS?

THE WORD IS "TORTURING."

AND, YES, IT'S ABOUT TIME
SOMEBODY DID.

DRAW UP A BILL OF INDICTMENT
AGAINST FRANKLIN.

GLADLY.

[door opens and closes]

THE PEOPLE HAVE MET

THEIR JURISDICTIONAL
REQUIREMENT, MR. GRANICK.

YOUR MOTION'S DENIED.

BUT, YOUR HONOR,

A CONSPIRACY CHARGE

REQUIRES AN AGREEMENT BETWEEN
THE CONSPIRATORS.

THERE IS NO AGREEMENT BETWEEN
MR. TANNER AND MY CLIENT

TO ASSAULT PRISONERS IN 2003.

THE AGREEMENT
IS MANIFEST BY THE FACT

THAT THE RECOMMENDATIONS
IN MR. FRANKLIN'S MEMO

WERE CONVEYED
BY INTERMEDIARIES

TO MR. TANNER IN THE FIELD
AND AGREED TO BY HIM.

THEY HAVEN'T CONNECTED
THE DOTS.

THOSE INTERMEDIARIES
SHOULD BE NAMED

IN THE INDICTMENT
AS CO-CONSPIRATORS

OR THE CHARGE
IS LEGALLY INSUFFICIENT.

FRANKLIN'S DARING US
TO INDICT

THE WHOLE CHAIN OF COMMAND.

HAVE YOU ACTUALLY READ
FRANKLIN'S MEMO?

Cutter: COVER TO COVER?
NO, NOT YET.

READ HIS ADVICE
TO ANYONE WORRIED

ABOUT BEING CHARGED
WITH TORTURE.

"IF A DEFENDANT HAS
A GOOD FAITH BELIEF

THAT HIS ACTIONS
WILL NOT RESULT

IN PROLONGED MENTAL HARM,

HE LACKS THE SPECIFIC INTENT
NECESSARY

FOR HIS ACTIONS
TO CONSTITUTE TORTURE.

"A DEFENDANT COULD SHOW
THAT HE ACTED IN GOOD FAITH

BY SURVEYING
THE PROFESSIONAL LITERATURE

OR CONSULTING WITH EXPERTS.

GOOD FAITH IS A COMPLETE
DEFENSE

TO A CHARGE OF TORTURE."

HE'S TELLING THE INTERROGATORS
HOW TO CIRCUMVENT THE LAW.

JUST REMEMBER, KIDS,
IF YOU'RE GOING TO TORTURE,

READ A BOOK FIRST.

THEY WANT CO-CONSPIRATORS?

I'LL GIVE THEM
CO-CONSPIRATORS.

Judge:
THE JOINT CHIEFS OF STAFF?

FORMER SECRETARY OF DEFENSE?

VICE PRESIDENT CHENEY?

IN FOR A PENNY,
IN FOR A POUND, MR. CUTTER.

THE INDICTMENTS ARE BEING
SERVED AS WE SPEAK, YOUR HONOR.

MR. FRANKLIN CAN CONSIDER
THE DOTS CONNECTED.

IT'S ABSURD.

MR. CUTTER IS MAKING A MOCKERY
OF THE CONSPIRACY STATUTES.

IT'S CLEAR WHO'S BEHIND THIS.

JACK MCCOY OBVIOUSLY
TOOK EXCEPTION

TO MY BOSS'S CONDUCT
OF THE WAR ON TERROR,

AND NOW HE'S POLITICIZING
THIS PROSECUTION.

IF MR. FRANKLIN
IS AFRAID A TRIAL

MIGHT EMBARRASS
HIS FORMER COLLEAGUES,

HE'S ALWAYS WELCOME
TO TAKE A PLEA.

I SEE NO REASON FOR THIS
INDICTMENT NOT TO PROCEED.

SEE YOU ALL AT TRIAL.

-SO FAR, SO GOOD.
-THIS WAS NOTHING.

THE REAL HAILSTORM'S
GONNA COME

WHEN THOSE INDICTMENTS
START LANDING

ON THE CO-CONSPIRATOR'S DESKS.

OUR CLIENT
SENT US HERE HOPING

WE CAN TALK SOME SENSE
INTO YOU, MR. MCCOY.

YOU WOULDN'T
BE THE FIRST TO TRY.

YOU'RE GOING TO SPARK
A CONSTITUTIONAL CRISIS

AND THAT'S NO THREAT.

IS THAT REALLY THE VALEDICTION
YOU WANT FOR YOUR CAREER?

YOU LET ME WORRY
ABOUT MY CAREER.

AND NOW, UNLESS YOU'RE ALL HERE
TO TALK ABOUT A PLEA,

-THERE'S THE DOOR.
-A PLEA?

YOU ACTUALLY BELIEVE THAT YOU,
A COUNTY D.A.,

CAN PROSECUTE A FORMER
VICE PRESIDENT,

CABINET MEMBERS FOR THEIR
CONDUCT OF A WAR

ON FOREIGN SOIL?

I PROSECUTED A CHILEAN COLONEL
FOR THE MURDER

OF A U.S. CITIZEN
IN SANTIAGO.

SO GOVERNMENT OFFICIALS
WHO TORTURE PRISONERS

ON AMERICAN MILITARY BASES?

SURE.
WHY NOT?

THIS IS WHY NOT.

THIS IS JUST THE BEGINNING.

WE'LL KEEP CHURNING THEM OUT
UNTIL YOUR OFFICE

IS DROWNING IN MOTIONS.

[door opens and closes]

MOTIONS FOR CHANGE OF VENUE.

MOTIONS TO DISMISS,
TO SUPPRESS.

TRIAL STARTS NEXT WEEK.

WE'LL BE LUCKY TO GET THROUGH
JUST ONE OF THESE BRICKS.

STRAWN DOESN'T
REPRESENT EVERYBODY.

WE'LL SEVER THE TRIALS.

WE'LL TRY FRANKLIN
AND HIS ASSOCIATES FIRST.

WE CONVICT THEM, THEN
MOVE UP THE CHAIN OF COMMAND.

CONNIE, ASSEMBLE A TEAM.

GET THEM WORKING
ON STRAWN'S MOTIONS.

CARDS ON THE TABLE, JACK.

I THINK WE BIT OFF MORE
THAN WE CAN CHEW,

AND I'M NOT EVEN CONVINCED
OF OUR LEGAL STANDING.

I KNOW.

YOU VALUE LEGALITIES
OVER ETHICS,

BUT SOMETIMES DOING WHAT'S
ETHICAL IS MORE IMPORTANT.

YOU CAN INSULT ME
ALL YOU WANT, JACK,

BUT MAYBE THE ETHICAL THING
TO DO HERE

IS TO SAVE AMERICAN LIVES.

WE'RE AT WAR WITH PEOPLE
WHO'VE SWORN TO KILL US

FOR WHO WE ARE.

IT DOESN'T MATTER IF IT'S
CIVILIANS, WOMEN,

CHILDREN, AS LONG AS
THEY KILL AMERICANS.

AND IF WE HAVE
TO USE FORCE TO EXTRACT

THE INFORMATION WE NEED
TO PROTECT OURSELVES,

WELL, THEN MAYBE THAT'S
THE RIGHT THING TO DO.

I SEE.

MAYBE I SHOULD FIND SOMEBODY
ELSE TO PROSECUTE FRANKLIN.

OH, NO. YOU CAN COUNT ON
MY OBSESSION WITH LEGALITIES.

IF THERE'S A WAY TO PROVE
THAT FRANKLIN BROKE THE LAW,

I'M YOUR MAN.

IT'S CALLED
A PALESTINIAN HANGING.

IT'S HOW THE NORTH VIETNAMESE
TORTURED

SENATOR JOHN MCCAIN
WHEN HE WAS A P.O.W.

IT'S ONE OF THE STRESS
POSITIONS SANCTIONED

BY MR. FRANKLIN'S MEMO.

WHAT OTHER HARSH TECHNIQUES
ARE SANCTIONED

BY MR. FRANKLIN'S MEMO?

THE MOST WELL KNOWN
IS WATERBOARDING,

WHERE A DETAINEE IS HELD DOWN,

A CLOTH IS PLACED OVER HIS
FACE,

AND WATER IS POURED
OVER HIS MOUTH AND NOSE

TO SIMULATE DROWNING.

AND WHO, IF ANYONE,
BESIDES THE U.S. MILITARY

HAS USED THIS
INTERROGATION TECHNIQUE?

THE SPANISH INQUISITION.

AND AFTER THE SECOND WORLD WAR,
WE CONVICTED

JAPANESE OFFICERS
OF WAR CRIMES

FOR WATERBOARDING
OUR P.O.W.s.

NOW YOU TOLD US THAT DURING
YOUR CAREER IN THE MILITARY,

YOU PARTICIPATED IN OVER
A THOUSAND INTERROGATIONS.

DID YOU EVER USE ANY
OF THESE HARSH TECHNIQUES?

NO, SIR. WE TOOK DOWN
TERROR NETWORKS

WITH TOOLS LIKE RESPECT,

RAPPORT, CUNNING,
AND DECEPTION.

NOT THE TECHNIQUES
IN THIS MEMO?

BESIDES THE FACT I HAVE
A MORAL PROBLEM WITH TORTURE,

IT DOESN'T WORK, SIR.
IN FACT, IT WORKS AGAINST US.

IT'S HYPOCRITICAL TO DEFEND
OUR VALUES WITH TORTURE.

THAT HYPOCRISY IS THE BEST
RECRUITING TOOL

YOU CAN GIVE
TO THE TERRORISTS.

THANK YOU.

I WANT TO BE CLEAR,
MR. GARDNER.

IF YOU HAD A TERRORIST
WHO YOU BELIEVED

HAD INFORMATION
ABOUT A DIRTY BOMB

SET TO GO OFF IN THIS CITY
WITHIN 24 HOURS,

YOU WOULDN'T AVAIL YOURSELF
OF EVERY POSSIBLE TECHNIQUE

TO EXTRACT INFORMATION
FROM HIM?

A MAN IN SEVERE PAIN
OR MENTAL ANGUISH

WILL SAY ANYTHING
TO MAKE IT STOP.

IF YOU ONLY HAVE 24 HOURS,
THE LAST THING YOU WANT TO DO

IS WASTE TIME
CHASING DOWN FALSE LEADS.

TORTURE JUST DOESN'T WORK.

NO ONE HERE'S ADVOCATING
TORTURE, MR. GARDNER.

WE'RE TALKING ABOUT
HARSH TECHNIQUES.

I KNOW WHAT WE'RE
TALKING ABOUT, SIR.

I DON'T NEED A MEMO
TO TELL ME WHAT TORTURE IS.

JACK?

DAVID?
WHAT A NICE SURPRISE.

COME WITH ME.
I'M TAKING THE STAIRS.

I NEED THE EXERCISE.

SO DO YOU, KID.

HOW ARE THEY TREATING YOU
IN WASHINGTON?

GOOD. THE ATTORNEY GENERAL'S
NO JACK MCCOY,

BUT I'M LEARNING A LOT.

JACK, THEY SENT ME HERE

TO TALK TO YOU
ABOUT THE FRANKLIN CASE.

THEY WANT YOU TO CALL IT OFF.

THE JURY'S EMPANELLED,
JEOPARDY'S ATTACHED.

THEY DON'T CARE. THEY WANT
THE CHARGES DISMISSED

-AGAINST ALL THE DEFENDANTS.
-I DON'T GET IT.

THE NEW ADMINISTRATION DOESN'T
HAVE A DOG IN THIS FIGHT.

WE CAN'T LET STATE PROSECUTORS
TRY TO HOLD

FEDERAL OFFICIALS ACCOUNTABLE
FOR THEIR CONDUCT OF A WAR.

IT'S A BAD PRECEDENT.

IN ANY EVENT,
THE ATTORNEY GENERAL'S

NAMING A SPECIAL PROSECUTOR
TO INVESTIGATE TORTURE CLAIMS.

I HEARD.
TO GO AFTER THE SMALL FRY,

A COUPLE OF THUGS
IN THE FIELD.

WHAT ABOUT THE POLICY-MAKERS,
THE DECIDERS?

RIGHT.

THEY GET A FREE PASS,
BECAUSE IF YOU GO AFTER

THE PREVIOUS ADMINISTRATION'S
DIRTY LAUNDRY,

THE NEXT ADMINISTRATION
WILL GO AFTER YOURS.

THAT'S THE PRECEDENT
YOU DON'T WANT TO SET!

IT'S JUST POLITICS, JACK.

I DON'T KNOW WHAT YOU'RE
LEARNING OVER THERE, DAVID,

BUT YOU'VE FORGOTTEN EVERYTHING
YOU LEARNED HERE.

TELL THE ATTORNEY GENERAL
NO DEAL.

INFORMATION IS PERHAPS
THE MOST CRITICAL WEAPON

FOR DEFEATING
THE TERRORIST THREAT.

OUR SUCCESS RESTS
ON OUR ABILITY TO EXTRACT

THAT INFORMATION.

I WAS ASKED TO ADVISE
THE DEFENSE DEPARTMENT

AS TO THE LEGAL STANDARDS
GOVERNING THE INTERROGATION

OF TERRORIST SUSPECTS.

I PUT MY FINDINGS
IN A MEMO

AND SENT IT ON
TO THE RELEVANT PARTIES.

THANK YOU.

MR. FRANKLIN,
ISN'T IT FAIR

TO CHARACTERIZE
THE LEGAL STANDARDS YOU SET

GOVERNING THE INTERROGATIONS
OF SUSPECTS

AS "ANYTHING GOES," SO LONG
AS THE PRESIDENT ORDERS IT?

AND IN HIS CAPACITY AS
COMMANDER-IN-CHIEF

IN A TIME OF WAR,
HE HAS THE AUTHORITY

TO ISSUE ANY ORDER
HE DEEMS APPROPRIATE?

WELL, THE PRESIDENT
CAN'T BREAK THE LAW.

WELL, ACCORDING TO YOUR MEMO,
WHAT LAW IS THE PRESIDENT

BOUND BY IN THE WAR ON TERROR?

THE GENEVA
AND HAGUE CONVENTIONS?

NOT APPLICABLE BECAUSE
THE TERRORIST DETAINEES

ARE ILLEGAL COMBATANTS.

WELL, THE DUE PROCESS CLAUSE
OF THE FIFTH AMENDMENT?

NOT APPLICABLE TO ALIEN ENEMY
COMBATANTS HELD ABROAD.

THE EIGHTH AMENDMENT BAN

ON CRUEL
AND UNUSUAL PUNISHMENT?

NOT APPLICABLE BECAUSE
HARSH INTERROGATIONS

ARE NOT PUNISHMENT.

SO YOU ARE SAYING,
IN WAR,

THE PRESIDENT
IS BOUND BY NO LAWS?

YES, IN WAR.

SO IF HE DEEMS HE'S GOT
TO TORTURE SOMEBODY,

FOR EXAMPLE,
BY CRUSHING THE TESTICLES

OF THAT PERSON'S CHILD,

YOUR MEMO SAYS THERE IS NO LAW,
NO TREATY THAT CAN STOP HIM?

WELL, IT WOULD DEPEND
ON WHY THE PRESIDENT

THINKS HE NEEDS TO DO THAT.

[clears throat]

NOW, YOUR MEMO JUSTIFIES
THESE ACTIONS

BECAUSE THE DETAINEES
ARE NOT REGULAR SOLDIERS

IN A NATIONAL ARMY AS WE
UNDERSTAND IT, CORRECT?

CORRECT. UNLAWFUL ENEMY
COMBATANTS ARE NOT ENTITLED

TO THE USUAL PROTECTIONS.

IS IT TOO MUCH TO ASSUME
THEY'D BE PROTECTED

BY OUR OWN SENSE OF DECENCY?

THAT'S NOT THE TASK
I WAS GIVEN, MR. CUTTER.

MY MEMO ADDRESSED LEGAL,
NOT ETHICAL, STANDARDS.

NOW, YOUR MEMO SAYS THAT,
"HISTORICALLY, NATIONS

AND THEIR SOVEREIGNS
HAVE BEEN FREE TO TREAT

UNLAWFUL COMBATANTS
AS THEY WISH."

COULD YOU PLEASE GIVE US SUCH
A HISTORICAL EXAMPLE?

WELL...

OFF THE TOP OF MY HEAD--

WHAT ABOUT THIS EXAMPLE?

THE SUMMARY EXECUTION
OF A VIETCONG GUERILLA

BY A SOUTH VIETNAMESE GENERAL.

OR THIS.

THE TORTURE AND MURDER OF
POLISH RESISTANCE FIGHTERS

BY THE GERMAN ARMY.

IS THIS THE HISTORICAL RIGHT
YOU SAY

THE PRESIDENT SHOULD
AVAIL HIMSELF OF?

I DIDN'T INVENT THE RIGHT
OF SOVEREIGNS, MR. CUTTER.

I SIMPLY DEFINED IT.

THE RIGHT TO DO WHAT THEY WANT

-WITH UNLAWFUL COMBATANTS?
-YES.

UNLAWFUL COMBATANTS LIKE
THE AMERICAN MILITIA

AFTER KING GEORGE DECLARED
THEM REBELS?

YES, LIKE THAT.

SO YOU WOULD DEFEND
THE BRUTAL TREATMENT

OF AMERICAN PRISONERS
BY THE BRITISH

DURING THE REVOLUTIONARY WAR?

FROM A LEGAL STANDPOINT?
YES.

MR. FRANKLIN, WHAT IS
IT ABOUT THIS COUNTRY

THAT YOU DON'T GET?

WITHDRAWN.

NO MORE QUESTIONS.

THERE WAS A STATE SENATOR
ON JUST NOW

CALLING FOR YOUR REMOVAL
AS D.A.

YOU KNOW, THAT DAY,
EIGHT YEARS AGO,

WE COULD SEE THE TOWERS BURN
FROM ADAM'S WINDOW.

I REMEMBER.

PART OF ME SAYS,
"I DON'T CARE WHAT YOU DO

TO THESE DETAINEES.
I DON'T WANT TO KNOW.

JUST PROTECT US."

THE PROBLEM
IS NOW WE DO KNOW.

YEAH, AND I'M NOT SURE
THAT MAKES A DIFFERENCE.

[knock on door]

WE'RE WANTED
IN FEDERAL COURT TOMORROW.

David: THE ATTORNEY GENERAL
IS ASKING THE COURT

TO ISSUE AN ORDER STAYING
THE DISTRICT ATTORNEY'S

PROSECUTION OF MR. FRANKLIN
AND THE OTHER DEFENDANTS.

THEY CAN'T JUST STEP IN
AND STOP THE TRIAL.

UNDER THE SUPREMACY CLAUSE
OF THE CONSTITUTION,

ACTIONS TAKEN BY FEDERAL
OFFICIALS IN PURSUIT

OF FOREIGN POLICY ARE NOT GRIST
FOR STATE PROSECUTIONS.

IF THOSE ACTIONS ARE ILLEGAL,
AS TORTURE CLEARLY IS,

THERE'S NO OVERRIDING
FEDERAL INTEREST

IN SHIELDING THOSE
WHO ENABLED SUCH ACTIONS.

ALL RIGHT, GENTLEMEN,
I'LL TAKE THE MOTION

UNDER ADVISEMENT.

I'LL ISSUE MY RULING
BY THE END OF THE DAY.

IN THE MEANTIME,
THE STATE TRIAL CAN PROCEED.

I NEVER EXPECTED THIS OF YOU.

YOU'RE WAY OFF
THE RESERVATION, JACK.

DAMN IT, DAVID. I'M TRYING
TO SAVE THE RESERVATION.

WE'RE LOOKING FORWARD,
NOT BACKWARD.

WE'RE NOT LOOKING TO GIVE AID
AND COMFORT TO THE ENEMY.

WHAT ARE YOU ACCUSING ME OF?

[sighs]

James: MY CLIENT NEVER
TORTURED ANYBODY.

HE NEVER ORDERED ANOTHER
OR CONSPIRED WITH OTHERS

TO COMMIT TORTURE.

AS A MEMBER OF THE OFFICE
OF LEGAL COUNSEL

OF THE DEPARTMENT OF JUSTICE
AND IN SERVICE

TO HIS COMMANDER-IN-CHIEF,
HE WAS ASKED

TO GIVE A LEGAL OPINION.

MIGHT NOT BE THE MOST BRILLIANT
OPINION EVER WRITTEN,

BUT IN THE END,
IT'S JUST THAT.

A LEGAL OPINION.

WHETHER OR NOT WE AGREE
ON THE CONDUCT

OF THE WAR ON TERROR,
WE CAN ALL STILL AGREE

THAT IN THIS COUNTRY

YOU HAVE TO ACTUALLY COMMIT
A CRIME TO BE CONVICTED OF ONE.

THANK YOU.

THIS IS NO SIMPLE LEGAL
OPINION, LADIES AND GENTLEMEN.

THIS IS AN INSTRUCTION
ON HOW TO COMMIT A CRIME

AND AVOID PROSECUTION.

A SURGICAL PARSING OF WORDS

TO DRAW HAIR-SPLITTING
DISTINCTIONS

BETWEEN SEVERE PAIN
AND EXTREME PAIN.

THE CREATION OF A SPECIAL CLASS
OF PRISONERS

WHO ARE FAIR GAME
FOR ANY SUFFERING

WE MIGHT SUBJECT THEM TO.

THIS IS THE LEGAL GREASE

THAT ENABLED THE CONSPIRATORS
TO COMMIT ACTS

THAT ARE IMMORAL AND ILLEGAL.

HANGING PRISONERS
BY THEIR WRISTS

UNTIL THEIR LUNGS COLLAPSE
AGAINST THEIR RIBS.

WATERBOARDING ONE DETAINEE
OVER 180 TIMES.

NOW MR. FRANKLIN'S DEFENSE
IS THAT HE WAS

JUST FOLLOWING ORDERS
AS A MERE LAWYER

IN THE JUSTICE DEPARTMENT.

WELL, LIKE ALL LAWYERS,

HE WAS EMPLOYED
AS THE LAST

AND BEST DEFENSE
AGAINST INJUSTICE,

TO USE THE LAW AS
A SHIELD TO PROTECT PEOPLE.

BUT INSTEAD HE USED IT AS
A SWORD TO INJURE THEM.

WHERE HE WAS SWORN TO UPHOLD
THE CONSTITUTION,

HE USED HIS LEGAL EDUCATION
TO SUBVERT IT,

TO SHAME IT, AND BETRAY
ITS PROMISE TO THE WORLD.

FIVE DAYS AFTER 9-11,

VICE PRESIDENT CHENEY TOLD US
THAT WE WOULD HAVE TO

"WORK THE DARK SIDE"
TO FIGHT TERRORISTS.

WELL, WE NEVER IMAGINED
THAT TO MEAN

THAT WE WOULD CEDE CONTROL
TO OUR OWN DARK SIDE.

THE TACTICS JUSTIFIED
IN MR. FRANKLIN'S MEMO

DRAW FROM THE WORST
OF OUR NATURE.

EVEN IN THE MIDST
OF THE REVOLUTIONARY WAR,

IN THE MIDST
OF THE CIVIL WAR,

PRESIDENTS WASHINGTON
AND LINCOLN

ADMONISHED THEIR TROOPS NOT
TO INJURE THEIR PRISONERS.

NOW, SOME OF YOU MAY FEEL
THAT IT IS NOT THE PLACE

OF THIS JURY OR EVEN THE PEOPLE
TO QUESTION THE ACTIONS

OF OUR GOVERNMENT OFFICIALS
DURING A TIME OF WAR...

THAT THE PREMISE OF THIS
TRIAL ITSELF SOMEHOW IS...

TREASONOUS.

I WOULD ASSURE YOU,
LADIES AND GENTLEMEN,

IT IS NOT DISLOYAL
TO HOLD OUR OFFICIALS

TO THE HIGHEST STANDARDS
OF CONDUCT.

AND IT IS NOT DISLOYAL
TO ALLOW YOU, THE PEOPLE,

TO DECIDE WHAT YOU WANT DONE
IN YOUR NAME.

THANK YOU.

judge: HAS THE JURY REACHED
A VERDICT?

WE HAVE, YOUR HONOR.

judge:
THE DEFENDANT WILL STAND.

ON THE FIRST COUNT
OF THE INDICTMENT,

CONSPIRACY IN THE--

WHAT'S GOING ON, EDDIE?

HE'S A FEDERAL MARSHAL
WITH AN ORDER

FROM THE DISTRICT COURT.

BRING IT HERE.

THE FEDERAL COURT
FOR THE SOUTHERN DISTRICT

HAS ISSUED AN ORDER PREEMPTING
THIS PROSECUTION.

THE TRIAL IS OVER.

LADIES AND GENTLEMEN
OF THE JURY,

THANK YOU FOR YOUR SERVICE.

-WE ARE ADJOURNED.
-[gavel strikes]

BUT, YOUR HONOR,
THE JURY HAD A VERDICT.

THERE'S NO VERDICT TILL IT'S
ENTERED IN THE RECORD.

IT'S OVER, MR. CUTTER.

I'LL START CHECKING
THE CASE LAW,

SEE WHAT OUR NEXT STEP IS.

YOU WON'T FIND ANYTHING.
THERE'S NO RECOURSE.

THE PEOPLE
WHO WANT YOU OUT, JACK,

THEY'LL USE THIS
TO HAMMER YOU.

GOOD. AT THE END OF THE DAY,
I HOPE TO GIVE THEM

EVEN MORE REASON
TO BE MAD AT ME.

COME ON, MIKE.

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