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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:04:32,815 --> 00:04:36,319 Captain, I'd like to request that it be me who's the attorney... 2 00:04:37,361 --> 00:04:39,947 That it be myself who's assigned... 3 00:04:40,198 --> 00:04:43,326 No, I'd like to request that it be I who am assigned... 4 00:04:44,535 --> 00:04:49,373 "That it be I who am assigned"? That's confidence-inspiring. 5 00:04:50,208 --> 00:04:53,544 Good grammar, there. Captain, I'd like to request... 6 00:05:00,134 --> 00:05:02,720 Lieutenant Commander Galloway, here to see Captain West. 7 00:05:02,887 --> 00:05:05,389 - Go right in, they're expecting you. - Thank you. 8 00:05:09,560 --> 00:05:12,855 - Jo, come on in. - Thank you, sir. 9 00:05:13,022 --> 00:05:15,399 Captain West, this is Lt. Commander Galloway. 10 00:05:15,566 --> 00:05:17,860 - You know Commander Lawrence? - Yes, sir. 11 00:05:18,027 --> 00:05:21,113 - I appreciate you seeing me. - Would you like to sit down? 12 00:05:21,405 --> 00:05:23,741 - I'm fine, sir. - Have a seat. 13 00:05:25,409 --> 00:05:30,248 - We've had some trouble in Cuba? - Yes, sir. This past Friday. 14 00:05:30,414 --> 00:05:34,919 Two Marines, a Lance Corporal Dawson and a Private Downey... 15 00:05:35,086 --> 00:05:39,090 ...entered the barracks room of a PFC William Santiago and assaulted him. 16 00:05:39,382 --> 00:05:42,760 Santiago died at the base hospital approximately an hour later. 17 00:05:43,010 --> 00:05:46,389 The NIS agent who took Dawson and Downey's statements... 18 00:05:46,556 --> 00:05:48,808 ...maintains they were trying to stop Santiago... 19 00:05:48,975 --> 00:05:51,644 ...from naming Dawson in a fenceline shooting incident. 20 00:05:51,811 --> 00:05:56,774 - The hearing's in Cuba at 1600. - What's the problem? 21 00:05:56,941 --> 00:05:59,443 Dawson and Downey are recruiting-poster Marines. 22 00:05:59,610 --> 00:06:01,904 Santiago was known to be a screwup. 23 00:06:02,071 --> 00:06:04,740 I was thinking it sounded like a Code Red. 24 00:06:05,783 --> 00:06:07,118 Christ! 25 00:06:07,285 --> 00:06:10,872 Sir, I'd like to have them moved up to Washington and assigned counsel. 26 00:06:11,038 --> 00:06:13,124 Someone who can really look into this. 27 00:06:13,291 --> 00:06:15,626 Someone who possesses not only the legal skill... 28 00:06:15,835 --> 00:06:18,629 ...but a familiarity with the workings of the military. 29 00:06:18,796 --> 00:06:23,426 In short, I'd like to suggest that I be the one who that... 30 00:06:23,593 --> 00:06:28,681 That it be me who is assigned to represent them, myself. 31 00:06:30,600 --> 00:06:35,146 - Why don't you get a cup of coffee? - Thank you, sir, I'm fine. 32 00:06:35,313 --> 00:06:38,441 Leave the room, so we can talk about you behind your back. 33 00:06:39,108 --> 00:06:41,068 Certainly, sir. 34 00:06:47,491 --> 00:06:50,161 I thought this Code Red shit wasn't going on anymore. 35 00:06:50,328 --> 00:06:53,456 With the Marines at Gitmo, who knows what the hell goes on there? 36 00:06:53,623 --> 00:06:57,460 We'd better find out before the rest of the world does. 37 00:06:57,668 --> 00:07:00,171 What about this Commander Galloway? 38 00:07:00,338 --> 00:07:05,468 She's been working a desk at Internal Affairs for a little over a year. 39 00:07:05,718 --> 00:07:08,471 - Before that? - Disposed of three cases in two years. 40 00:07:08,679 --> 00:07:11,349 Three in two years? Who's she handling, the Rosenbergs? 41 00:07:11,515 --> 00:07:14,018 - She's not a litigator. - She's a hell of an investigator... 42 00:07:14,185 --> 00:07:18,689 In Internal Affairs, sure. She can crawl up a lawyer's ass with the best. 43 00:07:18,856 --> 00:07:22,860 I know, I know, all passion, no street smarts. Bring her back in. 44 00:07:28,532 --> 00:07:29,742 Jo. 45 00:07:34,121 --> 00:07:37,500 - We'll have the defendants moved here. - Thank you, sir. 46 00:07:37,708 --> 00:07:40,127 And I'll have Division assign them counsel. 47 00:07:41,212 --> 00:07:43,923 But, not me? 48 00:07:44,131 --> 00:07:47,510 From what I understand, you're much too valuable... 49 00:07:47,677 --> 00:07:52,139 ...to be wasted on a five-minute plea bargain and a week's paperwork. 50 00:07:52,306 --> 00:07:55,685 - Sir, there might be more involved. - Don't worry about it. 51 00:07:55,893 --> 00:07:58,813 Division will assign the right man for the job. 52 00:07:58,980 --> 00:08:01,232 All right, let's go, let's get two! 53 00:08:02,817 --> 00:08:03,818 Sorry. 54 00:08:03,985 --> 00:08:07,238 Nothing to be sorry about, Sherby. Look the ball into your glove. 55 00:08:07,655 --> 00:08:11,492 - Shooting two. - Sorry. 56 00:08:11,701 --> 00:08:16,414 Trust me. Keep your eyes open, your chances of catching increase by 10. 57 00:08:16,580 --> 00:08:18,249 - Kaffee. - Let's try it again. 58 00:08:18,416 --> 00:08:21,419 - Kaffee! - Dave, you seem distraught. 59 00:08:21,585 --> 00:08:23,713 We were supposed to meet 15 minutes ago. 60 00:08:23,879 --> 00:08:25,756 You're stalling on the McDermott case. 61 00:08:25,923 --> 00:08:30,720 We either get it done now, or I'll hang him from a fucking yardarm! 62 00:08:30,886 --> 00:08:34,765 Do we still hang people from yardarms? 63 00:08:34,932 --> 00:08:36,100 I don't think so. 64 00:08:36,559 --> 00:08:39,687 Sherby doesn't think we do that anymore. 65 00:08:39,854 --> 00:08:43,107 I'll charge him with possession and being under the influence on duty. 66 00:08:43,274 --> 00:08:47,445 You plead guilty, I'll recommend 30 days in the brig. 67 00:08:47,611 --> 00:08:52,408 - It was 10 dollars' worth of oregano. - Your client thought it was marijuana. 68 00:08:52,575 --> 00:08:55,202 My client's a moron. That's not illegal. 69 00:08:55,369 --> 00:08:58,622 I got people to answer to. I'm gonna charge him. 70 00:08:58,831 --> 00:09:00,958 With possession of a condiment? 71 00:09:01,959 --> 00:09:06,255 I tried to help, but if you ask for jail time, I'll file a motion to dismiss. 72 00:09:06,422 --> 00:09:08,299 - You won't get it. - I will get it. 73 00:09:08,466 --> 00:09:13,012 If not, I'll file a motion seeking to obtain an evidentiary ruling in advance... 74 00:09:13,304 --> 00:09:15,765 ...then I'll file against pre-trial confinement. 75 00:09:15,973 --> 00:09:18,309 You'll get three months' paperwork... 76 00:09:18,476 --> 00:09:21,979 ...because a signalman bought and smoked a dime bag of oregano. 77 00:09:22,313 --> 00:09:24,482 Let's go! Let's get two! 78 00:09:25,649 --> 00:09:30,404 - Twenty days in the brig. - Fifteen days' restricted duty. 79 00:09:31,989 --> 00:09:36,243 - I don't know why I'm agreeing. - You have wisdom beyond your years. 80 00:09:40,289 --> 00:09:43,459 - Good morning. - Good morning, captain. 81 00:09:43,626 --> 00:09:45,169 How's the baby, Sam? 82 00:09:45,336 --> 00:09:50,049 - She'll say her first word any day now. - How can you tell? 83 00:09:50,257 --> 00:09:53,844 She just looks like she has something to say. 84 00:09:54,637 --> 00:09:56,514 Excuse me, sorry I'm late. 85 00:09:56,680 --> 00:10:00,684 You don't have a good excuse, so I won't force you to tell a bad one. 86 00:10:00,851 --> 00:10:05,064 - Thank you, sir. - This first one's for you. 87 00:10:05,272 --> 00:10:09,151 You're moving up in the world. You've been requested by Division. 88 00:10:10,402 --> 00:10:14,406 - Requested to do what? - Guanténamo Bay, Cuba. 89 00:10:14,573 --> 00:10:17,368 A Marine Corporal named Dawson illegally fires a round... 90 00:10:17,535 --> 00:10:21,413 ...from his weapon, over the fenceline and into Cuba. 91 00:10:21,705 --> 00:10:23,457 - What's a fenceline? - Sam. 92 00:10:23,874 --> 00:10:27,711 A big wall separating the good guys from the bad guys. 93 00:10:27,878 --> 00:10:29,213 Teacher's pet. 94 00:10:29,380 --> 00:10:32,299 PFC Santiago threatens to rat on Dawson... 95 00:10:32,466 --> 00:10:34,510 ...to the Naval Investigative Service. 96 00:10:34,677 --> 00:10:38,389 Dawson and another member of his squad, PFC Louden Downey... 97 00:10:38,556 --> 00:10:41,725 ...go into Santiago's room, tie him up... 98 00:10:41,892 --> 00:10:44,186 ...stuff a rag down his throat... 99 00:10:44,353 --> 00:10:46,230 ...and an hour later, he's dead. 100 00:10:46,397 --> 00:10:50,151 Attending physician says the rag was treated with some kind of toxin. 101 00:10:50,317 --> 00:10:52,903 - They poisoned the rag'? - Not according to them. 102 00:10:53,070 --> 00:10:55,406 - What do they say? - Not much. 103 00:10:55,698 --> 00:10:58,409 They're being flown up tomorrow. On Wednesday at 0600... 104 00:10:58,576 --> 00:11:02,580 ...you'll catch a transport down to Cuba to find out what you can. 105 00:11:02,746 --> 00:11:06,876 Meantime, go and see Lt. Commander JoAnne Galloway... 106 00:11:07,793 --> 00:11:09,545 ...with Internal Affairs. 107 00:11:09,753 --> 00:11:12,256 - Any questions? - The flight to Cuba... 108 00:11:12,423 --> 00:11:15,259 ...was that 0600 in the morning, sir? 109 00:11:16,468 --> 00:11:21,265 It's important this one go by the book, so I'm assigning co-counsel. 110 00:11:21,432 --> 00:11:22,892 Any volunteers? 111 00:11:24,101 --> 00:11:25,436 - No. - Sam... 112 00:11:25,603 --> 00:11:28,856 - Sir, I got a stack of papers... - Work with Kaffee on this. 113 00:11:29,023 --> 00:11:31,859 Doing what? He'll have this done in four days. 114 00:11:32,026 --> 00:11:37,198 Doing various administrative things. Backup. Whatever. 115 00:11:37,364 --> 00:11:39,909 In other words, I have no responsibilities? 116 00:11:40,075 --> 00:11:41,202 Right. 117 00:11:41,368 --> 00:11:43,495 My kind of case. 118 00:11:44,788 --> 00:11:49,251 Right. Right. Okay, but I gotta have that report by Wednesday. 119 00:11:55,674 --> 00:11:58,302 - Hi. - Hold on. Hi. 120 00:11:58,469 --> 00:12:02,640 Daniel Kaffee. I was told to meet with... 121 00:12:08,312 --> 00:12:11,106 ...Lieutenant Commander Galloway. 122 00:12:13,484 --> 00:12:17,613 - About a briefing. - I'll call you back. 123 00:12:19,531 --> 00:12:21,283 You're the attorney Division assigned? 124 00:12:22,201 --> 00:12:24,203 I'm lead counsel, this is Sam Weinberg. 125 00:12:24,411 --> 00:12:28,624 - I have no responsibilities whatsoever. - Come in. Have a seat. 126 00:12:39,176 --> 00:12:44,807 - How long have you been in the Navy? - Going on nine months now. 127 00:12:45,557 --> 00:12:48,519 And how long have you been out of law school? 128 00:12:48,686 --> 00:12:50,145 Little over a year. 129 00:12:50,312 --> 00:12:53,941 - I see. - Have I done something wrong? 130 00:12:54,108 --> 00:12:59,446 No. But when I asked for counsel, I was hoping to be taken seriously. 131 00:13:00,030 --> 00:13:02,199 No offense taken, in case you were wondering. 132 00:13:02,366 --> 00:13:06,370 Lieutenant Kaffee is considered the best litigator in our office. 133 00:13:06,537 --> 00:13:09,873 He successfully plea-bargained 44 cases in nine months. 134 00:13:10,040 --> 00:13:13,836 - One more, I get a set of steak knives. - Have you ever been in court? 135 00:13:14,003 --> 00:13:16,505 - I once had my license suspended... - Danny. 136 00:13:16,672 --> 00:13:20,718 If this thing goes to court, they won't need a lawyer, they'll need a priest. 137 00:13:21,343 --> 00:13:24,388 No, they'll need a lawyer. 138 00:13:24,555 --> 00:13:30,019 Dawson's family's been contacted. Downey's closest relative is his aunt. 139 00:13:30,185 --> 00:13:32,980 She hasn't been contacted yet, would you like me to do that? 140 00:13:33,147 --> 00:13:34,565 Sure, if you feel like it. 141 00:13:36,400 --> 00:13:40,404 One of the people you'll be seeing is the barracks CO, Colonel Jessep. 142 00:13:40,571 --> 00:13:42,614 I assume you've heard of him. 143 00:13:42,781 --> 00:13:45,200 Who hasn't? 144 00:13:45,367 --> 00:13:46,910 He's been in the papers lately. 145 00:13:47,077 --> 00:13:48,996 He's expected to be director of operations... 146 00:13:49,163 --> 00:13:50,706 ...of the National Security Council. 147 00:13:50,873 --> 00:13:54,418 - Really? - Here are Santiago's letters from Gitmo. 148 00:13:54,585 --> 00:13:57,254 - That's Guanténamo Bay. - I knew that one. 149 00:13:57,421 --> 00:13:59,065 He wrote the fleet commander, HQ Atlantic... 150 00:13:59,089 --> 00:14:02,092 ...the Marine commandant, even his senator. 151 00:14:02,259 --> 00:14:05,554 He wanted to be transferred. No one was listening. Are you with me? 152 00:14:05,721 --> 00:14:07,264 Yeah. 153 00:14:08,724 --> 00:14:10,934 Finally he wrote the Naval Investigative Service... 154 00:14:11,101 --> 00:14:16,565 ...where he offered to trade information about Dawson's shooting for a transfer. 155 00:14:17,232 --> 00:14:19,276 Right. Is that all? 156 00:14:19,443 --> 00:14:23,781 This letter makes it look like your client had a motive to kill Santiago. 157 00:14:23,947 --> 00:14:28,786 - Got you. And Santiago is who? - The victim. 158 00:14:28,952 --> 00:14:30,287 Write that down. 159 00:14:30,454 --> 00:14:34,458 These letters don't paint a flattering picture of Marine Corps life at Gitmo? 160 00:14:34,625 --> 00:14:35,959 - Yes, amon... - And am I right... 161 00:14:36,126 --> 00:14:39,880 ...that a protracted investigation might embarrass the Security Council guy? 162 00:14:40,047 --> 00:14:42,674 - Colonel Jessep... - Twelve years. 163 00:14:42,841 --> 00:14:43,967 I'm sorry? 164 00:14:44,134 --> 00:14:48,055 I'll get them to drop "conspiracy" and "conduct unbecoming." Twelve years. 165 00:14:48,680 --> 00:14:51,725 You haven't talked to a witness or looked at a piece of paper. 166 00:14:52,142 --> 00:14:53,894 Pretty impressive, huh? 167 00:14:54,061 --> 00:14:55,646 You'll have to go deeper than that. 168 00:14:55,813 --> 00:14:58,482 Do you have some jurisdiction here I should know about? 169 00:14:58,649 --> 00:15:01,276 My job is to make sure that you do your job. 170 00:15:01,443 --> 00:15:06,824 I'm special counsel for Internal Affairs. So my jurisdiction's in your face. 171 00:15:09,076 --> 00:15:12,079 Read the letters. I'll expect a report when you return from Cuba. 172 00:15:12,621 --> 00:15:14,832 - Sure. - You're dismissed! 173 00:15:17,042 --> 00:15:19,420 I always forget that part. 174 00:15:21,338 --> 00:15:23,715 He's a little preoccupied. 175 00:15:23,882 --> 00:15:26,844 Team's playing Bethesda Medical next week. 176 00:15:27,010 --> 00:15:31,598 Tell your friend not to get cute. Guantanamo Marines are fanatical. 177 00:15:31,765 --> 00:15:35,352 - About what? - About being Marines. 178 00:15:35,519 --> 00:15:39,314 Dear sir, my name is PFC William T. Santiago. 179 00:15:39,481 --> 00:15:41,525 I'm a Marine stationed at Marine barracks... 180 00:15:41,692 --> 00:15:45,154 ...Rifle Security Company Windward, 2nd Platoon Bravo. 181 00:15:45,320 --> 00:15:48,824 I am writing to inform you of my problems here in Cuba... 182 00:15:48,991 --> 00:15:50,576 ...and to ask for your help. 183 00:15:50,742 --> 00:15:56,039 I've fallen out of runs before, because of dizziness or nausea. 184 00:15:56,206 --> 00:15:59,793 But on May 18th, I'd fallen back about 20 yards... 185 00:15:59,960 --> 00:16:02,504 ...going down a rocky, unstable hill. 186 00:16:02,671 --> 00:16:05,424 My sergeant grabbed me and pushed me down the hill... 187 00:16:05,591 --> 00:16:09,428 ...then I saw all black and the last thing I remember is hitting the deck. 188 00:16:09,636 --> 00:16:12,848 I was brought to the hospital. They said it was heat exhaustion. 189 00:16:13,015 --> 00:16:18,103 I ask you to help me. Please, I need a transfer out of RSC. 190 00:16:18,270 --> 00:16:22,691 Sincerely, PFC William T. Santiago, U.S. Marine Corps. 191 00:16:22,858 --> 00:16:26,862 P.S. In exchange for my transfer, I'm willing to provide you... 192 00:16:27,029 --> 00:16:32,075 "... with information about an illegal fenceline shooting on August 2nd." 193 00:16:33,076 --> 00:16:37,372 Who the fuck is PFC William T. Santiago? 194 00:16:37,581 --> 00:16:40,584 Private Santiago's a member of 2nd Platoon Bravo, sir. 195 00:16:40,751 --> 00:16:44,922 Yeah. Apparently he's not very happy down here at Shangri-la... 196 00:16:45,088 --> 00:16:49,927 ...because he's written everybody but Santa Claus, asking for a transfer. 197 00:16:50,093 --> 00:16:55,599 Now he's telling tales about a fenceline shooting. Matthew? 198 00:16:56,058 --> 00:17:01,480 - I'm appalled, sir. - You're appalled. 199 00:17:02,564 --> 00:17:05,943 This kid broke the chain of command and ratted on a member of his unit... 200 00:17:06,109 --> 00:17:09,321 ...to say nothing of the fact that he's a U.S. Marine... 201 00:17:09,488 --> 00:17:14,618 ...and it would appear he can't run from here to there without collapsing. 202 00:17:14,785 --> 00:17:17,955 What the fuck is going on in Bravo company, Matthew? 203 00:17:18,121 --> 00:17:21,041 Colonel, I think it would be better to discuss it in private. 204 00:17:21,208 --> 00:17:25,254 That won't be necessary. I can handle this situation, sir. 205 00:17:25,420 --> 00:17:27,756 - Like you handled Curtis Bell? - Sir, your methods... 206 00:17:27,923 --> 00:17:30,592 Don't interrupt me, lieutenant, I'm your superior! 207 00:17:30,759 --> 00:17:32,636 And I'm yours, Matthew. 208 00:17:34,638 --> 00:17:37,891 I wanna know what we're going to do about this. 209 00:17:38,058 --> 00:17:40,894 I think Santiago should be transferred immediately. 210 00:17:41,061 --> 00:17:42,646 He's that bad? 211 00:17:42,813 --> 00:17:46,817 And word of this letter will get out, and he'll get his ass whipped. 212 00:17:48,610 --> 00:17:52,781 Transfer Santiago? Yes. 213 00:17:52,948 --> 00:17:57,077 Sure, you're right. I'm sure that's the thing to do. 214 00:17:58,829 --> 00:18:02,833 Wait. Wait, I've got a better idea. 215 00:18:03,000 --> 00:18:06,795 Let's transfer the whole squad off the base. Let's... 216 00:18:06,962 --> 00:18:09,006 On second thought, Windward. 217 00:18:09,172 --> 00:18:13,302 Let's transfer the whole Windward division off the base. 218 00:18:13,468 --> 00:18:18,724 Jon, go get those boys off the fence. They're packing their bags. 219 00:18:18,890 --> 00:18:21,435 - Tom! - Sir? 220 00:18:21,602 --> 00:18:23,478 Get me the president on the phone. 221 00:18:23,645 --> 00:18:26,273 We're surrendering our position in Cuba. 222 00:18:26,440 --> 00:18:28,775 - Yes, sir. - Wait a minute, Tom. 223 00:18:28,942 --> 00:18:34,698 Don't get the president yet. Maybe we should consider this for a second. 224 00:18:34,865 --> 00:18:36,825 - Dismissed, Tom. - Yes, sir. 225 00:18:38,201 --> 00:18:41,872 Maybe... And I'm just spit-balling here. 226 00:18:42,039 --> 00:18:46,877 Maybe we have a responsibility as officers to train Santiago. 227 00:18:47,085 --> 00:18:51,340 Maybe we, as officers, have a responsibility to this country... 228 00:18:51,506 --> 00:18:54,926 ...to see that the men and women charged with its security... 229 00:18:55,093 --> 00:18:56,887 ...are trained professionals. 230 00:18:57,054 --> 00:19:00,724 Yes, I'm certain that I read that somewhere once. 231 00:19:00,891 --> 00:19:03,477 And now I'm thinking, Colonel Markinson... 232 00:19:03,644 --> 00:19:07,731 ...that your suggestion of transferring Santiago... 233 00:19:07,898 --> 00:19:11,109 ...while expeditious and certainly painless... 234 00:19:11,318 --> 00:19:16,615 ...might not be, in a manner of speaking, the American way. 235 00:19:16,823 --> 00:19:21,078 Santiago stays where he is. 236 00:19:21,244 --> 00:19:26,458 We're gonna train the lad. Jon, you're in charge. 237 00:19:26,625 --> 00:19:33,423 Santiago doesn't make 4.6, 4.6 on his next proficiency report... 238 00:19:33,590 --> 00:19:35,926 ...I'm going to blame you. 239 00:19:36,093 --> 00:19:38,553 - Then I'm going to kill you. - Yes, sir. 240 00:19:38,929 --> 00:19:41,223 I think that's a mistake, colonel. 241 00:19:42,766 --> 00:19:46,937 Matthew, I think I will have that word in private with you now. 242 00:19:47,104 --> 00:19:50,774 Jon, that's all. Why don't we meet at the "O" Club and have lunch... 243 00:19:50,941 --> 00:19:53,652 ...and we'll talk about the training of young William. 244 00:19:53,860 --> 00:19:56,530 I'd be delighted to hear your suggestions. 245 00:19:56,697 --> 00:19:58,407 Dismissed. 246 00:20:02,244 --> 00:20:05,288 Matthew, sit down. Please. 247 00:20:10,794 --> 00:20:14,965 - What do you think of Kendrick? - I don't think my opinion of Kendrick... 248 00:20:15,132 --> 00:20:18,301 I think he's pretty much of a weasel myself. 249 00:20:18,468 --> 00:20:20,262 But he's an awfully good officer... 250 00:20:20,429 --> 00:20:24,766 ...and in the end, we see eye to eye on the best way to run a Marine unit. 251 00:20:24,975 --> 00:20:28,311 We're in the business of saving lives, Matthew. 252 00:20:28,478 --> 00:20:32,149 That is a responsibility that we have to take pretty seriously. 253 00:20:32,315 --> 00:20:36,528 And I believe that taking a Marine who is not up to the job... 254 00:20:36,695 --> 00:20:41,158 ...and shipping him off to another assignment puts lives in danger. 255 00:20:41,992 --> 00:20:44,161 Sit down, Matthew. 256 00:20:53,795 --> 00:20:55,922 We go back a while. 257 00:20:56,089 --> 00:20:58,216 We went to the Academy together... 258 00:20:58,383 --> 00:21:01,845 ...were commissioned together, did our tours in Vietnam together. 259 00:21:02,429 --> 00:21:07,976 But I've been promoted with greater speed and success than you. 260 00:21:08,143 --> 00:21:12,147 Now, if that's a source of tension or embarrassment for you... 261 00:21:12,314 --> 00:21:14,191 ...I don't give a shit. 262 00:21:14,357 --> 00:21:19,571 We're in the business of saving lives, Lieutenant Colonel Markinson. 263 00:21:19,738 --> 00:21:23,617 Don't ever question my orders in front of another officer. 264 00:21:43,595 --> 00:21:48,892 All the paperwork's in order. Step over there. 265 00:21:52,771 --> 00:21:56,817 - Hal, is this Washington D.C.? - All right, let's move. 266 00:21:56,983 --> 00:21:58,777 Yes, sir. 267 00:22:05,992 --> 00:22:07,452 Got all of that one. 268 00:22:07,619 --> 00:22:12,207 Excuse me. I wanted to talk to you about Dawson and Downey. 269 00:22:12,374 --> 00:22:16,127 - Say again? - Dawson and Downey. 270 00:22:16,294 --> 00:22:18,171 The names seem familiar, but... 271 00:22:18,421 --> 00:22:21,049 Dawson. Downey. Your clients? 272 00:22:21,216 --> 00:22:24,427 The Cuba thing! Yes! Oh, Dawson and Downey. Right. 273 00:22:27,264 --> 00:22:29,683 I've done something wrong again, haven%I? 274 00:22:29,850 --> 00:22:34,604 I was wondering why they're locked up while their lawyer's out hitting a ball. 275 00:22:36,773 --> 00:22:39,943 - We need the practice. - That wasn't funny. 276 00:22:40,694 --> 00:22:42,070 It was a little funny. 277 00:22:42,237 --> 00:22:47,492 Lieutenant, would you be very insulted if I recommended different counsel? 278 00:22:47,659 --> 00:22:50,954 - Why? - I don't think you're fit to handle it. 279 00:22:51,580 --> 00:22:57,460 You don't even know me. Ordinarily it takes someone hours to find that out. 280 00:22:59,671 --> 00:23:02,591 Oh, come on. That was damn funny. 281 00:23:05,594 --> 00:23:09,848 You're wrong. I do know you. 282 00:23:10,056 --> 00:23:13,476 Daniel Alistair Kaffee, born June 8th, 1964... 283 00:23:13,643 --> 00:23:15,604 ...at Boston Mercy Hospital. 284 00:23:15,770 --> 00:23:20,525 Your father's Lionel Kaffee, former Attorney General of the U.S... 285 00:23:20,692 --> 00:23:22,319 ...died 1985. 286 00:23:22,569 --> 00:23:25,322 You went to Harvard Law, then joined the Navy... 287 00:23:25,488 --> 00:23:27,991 ...probably because that's what your father wanted. 288 00:23:28,158 --> 00:23:31,786 Now you're just treading water for the three years in the JAG corps... 289 00:23:31,953 --> 00:23:34,956 ...just laying low till you can get out and get a real job. 290 00:23:35,123 --> 00:23:38,585 If that's the situation, that's fine, I won't tell anyone. 291 00:23:38,752 --> 00:23:43,715 But if this case is handled in the same fast-food, slick-assed manner... 292 00:23:43,882 --> 00:23:45,800 ...with which you handle everything else... 293 00:23:45,967 --> 00:23:47,552 ...then something's gonna get missed. 294 00:23:47,719 --> 00:23:52,891 And I wouldn't be doing my job if I let Dawson and Downey to sit in prison... 295 00:23:53,099 --> 00:23:57,520 ...because their attorney predetermined the path of least resistance. 296 00:24:01,399 --> 00:24:04,027 I'm sexually aroused, commander. 297 00:24:04,694 --> 00:24:06,947 I don't think your clients murdered anyone. 298 00:24:07,113 --> 00:24:10,367 - What are you basing this on? - There was no intent. 299 00:24:10,533 --> 00:24:13,244 Doctor's report says Santiago died of asphyxiation... 300 00:24:13,411 --> 00:24:15,080 ...from acute lactic acidosis... 301 00:24:15,246 --> 00:24:18,917 ...and the nature of the acidosis strongly suggests poisoning. 302 00:24:19,084 --> 00:24:21,962 Now, I don't know what that means, but it sounds bad. 303 00:24:22,128 --> 00:24:26,675 Santiago died at 1 a.m. At 3, the doctor didn't know the reason. 304 00:24:26,841 --> 00:24:29,052 Two hours later, he said it was poison. 305 00:24:29,219 --> 00:24:31,554 Oh, now I see what you're saying. 306 00:24:31,721 --> 00:24:35,058 It had to be Professor Plum, in the library, with the candlestick. 307 00:24:35,225 --> 00:24:37,560 I'm gonna talk to your supervisor. 308 00:24:37,727 --> 00:24:42,399 Go straight up Pennsylvania Avenue. It's the big white house with the pillars. 309 00:24:42,983 --> 00:24:45,318 - Thank you. - I don't think you'll have much luck. 310 00:24:45,485 --> 00:24:50,240 I was assigned by Division. Somebody thinks I'm a good lawyer. 311 00:24:50,407 --> 00:24:56,413 So, while I appreciate your interest and enthusiasm, I think I can handle things. 312 00:24:56,579 --> 00:24:58,581 You know what a Code Red is? 313 00:25:02,752 --> 00:25:04,587 What a pity. 314 00:25:15,015 --> 00:25:17,100 - Morning, sir. - Morning. 315 00:25:18,101 --> 00:25:20,311 Officer on deck, ten-hut! 316 00:25:20,478 --> 00:25:22,313 Lance Corporal Harold Dawson, sir! 317 00:25:22,480 --> 00:25:25,066 Rifle Security Company Windward! Second Platoon Bravo! 318 00:25:25,233 --> 00:25:27,694 You haven't been working and playing well with others. 319 00:25:27,861 --> 00:25:29,779 Sir! Yes, sir! 320 00:25:31,573 --> 00:25:35,160 Sir! PFC Louden Downey, sir! 321 00:25:35,326 --> 00:25:39,122 I'm Daniel Kaffee, this is Sam Weinberg. Sit down. 322 00:25:46,504 --> 00:25:49,049 - Is this your signature? - Yes, sir. 323 00:25:49,215 --> 00:25:51,134 Don't have to call me sir. Is this yours? 324 00:25:51,301 --> 00:25:55,472 - Sir, yes, sir! - Certainly don't need to say it twice. 325 00:25:55,638 --> 00:25:58,933 - What's a Code Red? - It's a disciplinary engagement. 326 00:25:59,100 --> 00:26:00,477 What's that mean exactly? 327 00:26:00,643 --> 00:26:04,439 A Marine falls out of line, it's up to his unit to get him on track. 328 00:26:04,731 --> 00:26:07,984 - What's a garden-variety Code Red? - Sir? 329 00:26:08,151 --> 00:26:14,491 Harold, You say "sir" and I look for my father. Danny, Daniel Kaffee. 330 00:26:14,657 --> 00:26:17,786 Garden-variety. Typical. What's a basic Code Red? 331 00:26:17,952 --> 00:26:23,166 A Marine refuses to bathe, the men give him a GI shower. 332 00:26:23,333 --> 00:26:27,087 - What's that? - Scrub brushes, steel wool. 333 00:26:27,253 --> 00:26:28,505 Beautiful. 334 00:26:28,671 --> 00:26:31,091 Was the attack on Santiago a Code Red? 335 00:26:31,633 --> 00:26:32,842 Yes, sir. 336 00:26:38,264 --> 00:26:41,267 Does he ever talk? 337 00:26:41,434 --> 00:26:46,272 Sir, PFC Downey will answer any direct questions you ask him. 338 00:26:48,149 --> 00:26:51,861 Private Downey, the rag you put in his mouth, was there poison on it? 339 00:26:52,028 --> 00:26:55,240 - No, sir. - Silver polish, turpentine, antifreeze? 340 00:26:55,406 --> 00:26:57,659 No, sir. We were just gonna shave his head. 341 00:26:57,826 --> 00:27:00,245 When, all of the sudden... 342 00:27:00,870 --> 00:27:03,832 We saw blood dripping down his mouth. 343 00:27:03,998 --> 00:27:07,377 We pulled the tape off and there was blood all down his face, sir. 344 00:27:07,544 --> 00:27:10,588 That's when Lance Corporal Dawson called the ambulance. 345 00:27:10,797 --> 00:27:15,552 - Did anyone see you call it? - No, sir. 346 00:27:18,221 --> 00:27:22,267 - Were you there when it arrived? - Yes, that's when we were arrested. 347 00:27:22,433 --> 00:27:28,481 On August 2nd, did you fire a shot across the fenceline, into Cuba? 348 00:27:29,274 --> 00:27:30,483 - Yes, sir. - Why? 349 00:27:30,650 --> 00:27:33,361 - My mirror engaged, sir. - His "mirror"? 350 00:27:33,528 --> 00:27:37,282 For every American sentry, there's a Cuban counterpart. Called "mirrors." 351 00:27:37,448 --> 00:27:40,827 Lance corporal claims his mirror was about to fire at him. 352 00:27:40,994 --> 00:27:46,040 Santiago's letter to the NIS said you fired illegally. 353 00:27:46,207 --> 00:27:51,588 He's saying the guy, the mirror, he never made a move. 354 00:27:55,383 --> 00:28:00,597 Oh, Harold? You see what I'm getting at? 355 00:28:00,763 --> 00:28:02,599 If Santiago didn't have anything on you... 356 00:28:02,765 --> 00:28:04,267 ...why did you give him a Code Red? 357 00:28:04,434 --> 00:28:07,604 - He broke the chain of command, sir. - He what? 358 00:28:07,770 --> 00:28:09,731 He went outside of his unit. 359 00:28:09,898 --> 00:28:14,235 If he had a problem, he should have spoken to me, then his sergeant, then... 360 00:28:14,402 --> 00:28:17,906 All right, all right. Did you assault Santiago with intent to kill? 361 00:28:18,072 --> 00:28:19,616 - No, sir. - What was your intent? 362 00:28:19,782 --> 00:28:22,410 - To train him, sir. - Train him to do what? 363 00:28:22,744 --> 00:28:27,040 To think of his unit before himself. To respect the code. 364 00:28:27,207 --> 00:28:30,960 - What's the code? - Unit, Corps, God, country! 365 00:28:31,294 --> 00:28:37,258 - I beg your pardon? - Unit, Corps, God, country, sir. 366 00:28:53,441 --> 00:28:59,489 The government of the United States wants to charge you two with murder. 367 00:28:59,656 --> 00:29:05,078 And you want me to tell the prosecutor, "unit, Corps, God, country"? 368 00:29:05,245 --> 00:29:07,163 That's our code, sir. 369 00:29:11,167 --> 00:29:13,002 - That's your code. - That's your code. 370 00:29:13,169 --> 00:29:15,713 We'll be back. 371 00:29:15,922 --> 00:29:19,634 You need anything? Books? Papers? Cigarettes? Ham sandwich? 372 00:29:19,801 --> 00:29:21,928 Sir! No, thank you, sir! 373 00:29:22,387 --> 00:29:25,807 Harold, there's a concept you'd better start warming up to. 374 00:29:25,974 --> 00:29:29,811 - Sir? - I'm the only friend you've got. 375 00:29:43,449 --> 00:29:46,202 - Dan Kaffee. - Smiling Jack Ross. 376 00:29:46,369 --> 00:29:48,538 - Welcome to the big time. - You think so? 377 00:29:48,705 --> 00:29:52,458 Let's hope you practice law better than you play softball. 378 00:29:52,625 --> 00:29:55,878 Unfortunately, I don't do anything better than I play softball. 379 00:29:56,045 --> 00:29:58,881 I'm out of here, Jannelle! See you when I get back from Cuba. 380 00:29:59,048 --> 00:30:02,302 - Say hi to Castro for me. - Will do. What're we looking at? 381 00:30:02,468 --> 00:30:05,555 They plead guilty, we drop "conspiracy" and "conduct unbecoming"... 382 00:30:05,722 --> 00:30:07,390 ...20 years, they're home in half. 383 00:30:07,557 --> 00:30:13,563 - Twelve. They called the ambulance. - I don't care. They killed a Marine. 384 00:30:13,730 --> 00:30:17,859 The rag was tested for poison. The autopsy says maybe, maybe not. 385 00:30:18,026 --> 00:30:22,405 The Chief of Internal Medicine at Guanténamo says he's sure. 386 00:30:22,572 --> 00:30:27,618 - What do you know about Code Reds? - Oh, man... 387 00:30:28,411 --> 00:30:32,248 - Are we off the record? - You tell me. 388 00:30:32,415 --> 00:30:34,250 I'm gonna give you the 12 years. 389 00:30:34,417 --> 00:30:37,253 But before you get into trouble tomorrow, you should know... 390 00:30:37,420 --> 00:30:41,049 ...the platoon commander, Kendrick, held a meeting with the men... 391 00:30:41,215 --> 00:30:45,553 ...and specifically told them not to touch Santiago. 392 00:30:47,722 --> 00:30:50,600 - We still playing hoops tomorrow? - Do we have a deal? 393 00:30:51,601 --> 00:30:53,394 I'll talk to you when I get back. 394 00:30:56,814 --> 00:30:58,107 Hi there. 395 00:30:58,274 --> 00:30:59,984 Any luck getting me replaced? 396 00:31:00,151 --> 00:31:03,446 Is there anyone in this command you don't drink or play softball with? 397 00:31:03,613 --> 00:31:06,449 Listen, I came to make peace. We got off on the wrong foot. 398 00:31:06,616 --> 00:31:09,077 - What do you say, friends? - Look, I don't... 399 00:31:09,243 --> 00:31:12,580 I brought Downey some comic books he was asking for. 400 00:31:12,747 --> 00:31:16,626 The kid, I swear, doesn't even know why he's been arrested. 401 00:31:16,793 --> 00:31:19,796 - Commander... - You can call me JoAnne. Or Jo. 402 00:31:19,962 --> 00:31:21,255 - Jo? - Yes. 403 00:31:21,422 --> 00:31:24,384 Jo, if you speak to a client of mine again without permission... 404 00:31:24,550 --> 00:31:27,136 ...I'll have you disbarred. Friends? 405 00:31:27,303 --> 00:31:30,181 - I had authorization. - From where? 406 00:31:30,348 --> 00:31:35,520 Downey's closest relative, Ginny Miller, his aunt on his mother's side. 407 00:31:35,686 --> 00:31:38,147 You got authorization from Aunt Ginny? 408 00:31:38,314 --> 00:31:40,066 I gave her a call, like you asked. 409 00:31:40,233 --> 00:31:42,276 Very nice woman. We spoke for an hour. 410 00:31:42,443 --> 00:31:45,321 You got authorization from Aunt Ginny. 411 00:31:45,488 --> 00:31:47,698 Perfectly within my province. 412 00:31:47,865 --> 00:31:50,576 Does Aunt Ginny have a barn? We could hold the trial there. 413 00:31:50,743 --> 00:31:54,997 I can sew the costumes, Uncle Goober can be the judge. 414 00:31:57,208 --> 00:32:00,503 I'm going to Cuba with you tomorrow. 415 00:32:01,879 --> 00:32:05,341 And the hits just keep on coming. 416 00:32:27,738 --> 00:32:31,200 - How's it going, Luther? - Another day, another dollar. 417 00:32:31,367 --> 00:32:34,370 - Gotta play them as they lay. - What goes around comes around. 418 00:32:34,537 --> 00:32:37,790 - Can't beat them, join them. - At least I got my health. 419 00:32:38,207 --> 00:32:41,627 Well, you got everything. See you tomorrow, Luther. 420 00:32:41,794 --> 00:32:44,714 Not if I see you first. 421 00:32:46,048 --> 00:32:50,344 You're my witness. The baby spoke. My daughter said a word. 422 00:32:50,511 --> 00:32:52,889 She made a sound. I'm not sure it was a word. 423 00:32:53,055 --> 00:32:57,435 - Come on! It was definitely a word. - Okay. 424 00:32:57,643 --> 00:33:02,732 You heard her. She pointed and said "Pa." She did. 425 00:33:02,899 --> 00:33:05,610 - She was pointing at a mailbox. - That's right. 426 00:33:05,776 --> 00:33:09,447 Pointing as if to say, "Pa! Look, a mailbox." 427 00:33:16,412 --> 00:33:20,833 - Jack Ross offered me the 12 years. - That's what you wanted, right? 428 00:33:21,000 --> 00:33:23,252 I know, and I'll... 429 00:33:23,419 --> 00:33:30,551 - I mean, I guess I'll take it. - So...? 430 00:33:30,718 --> 00:33:33,763 It took about 45 seconds. He barely put up a fight. 431 00:33:33,930 --> 00:33:37,767 Danny, take the 12 years, it's a gift. 432 00:33:37,934 --> 00:33:39,769 You don't believe their story, do you? 433 00:33:39,936 --> 00:33:42,104 You think they ought to go to jail for life. 434 00:33:42,271 --> 00:33:44,148 I believe every word of their story... 435 00:33:44,315 --> 00:33:48,194 ...and I think they ought to go to jail for life. 436 00:33:52,615 --> 00:33:54,784 - See you tomorrow. - Okay. 437 00:33:54,951 --> 00:33:57,453 Don't forget to wear the whites. Very hot. 438 00:33:57,620 --> 00:33:59,080 I don't like the whites. 439 00:33:59,288 --> 00:34:02,833 Nobody does, but we're going to Cuba. You got Dramamine? 440 00:34:03,000 --> 00:34:07,964 - Dramamine keeps you cool? - No, it keeps you from getting airsick. 441 00:34:08,130 --> 00:34:13,052 I get airsick because I'm afraid of crashing. Dramamine won't help. 442 00:34:14,095 --> 00:34:16,472 I got some oregano, I hear that works pretty good. 443 00:34:20,017 --> 00:34:24,188 Ross said the strangest thing to me right before I left. 444 00:34:24,355 --> 00:34:26,315 He said Lieutenant Kendrick... 445 00:34:26,482 --> 00:34:30,319 ...had told the men specifically not to touch Santiago. 446 00:34:30,736 --> 00:34:36,409 - So? - I don't even know who Kendrick is. 447 00:34:39,453 --> 00:34:43,165 What the hell. I'll see you tomorrow. 448 00:35:19,201 --> 00:35:25,916 I'm Corporal Barnes, I'm to escort you to the Windward side of the base. 449 00:35:26,083 --> 00:35:29,545 I got some camouflage jackets, I suggest you both put them on. 450 00:35:29,712 --> 00:35:31,047 Camouflage jackets? 451 00:35:31,213 --> 00:35:34,383 Yes, sir. We'll be riding pretty close to the fenceline. 452 00:35:34,550 --> 00:35:40,556 If the Cubans see an officer in white, they might take a shot. 453 00:35:40,723 --> 00:35:43,351 Good call, Sam. 454 00:35:48,022 --> 00:35:50,566 We'll just hop on the ferry. We'll be there in no time. 455 00:35:50,733 --> 00:35:54,862 - Hold it. We gotta take a boat'? - Yes, sir, to get across the bay. 456 00:35:55,029 --> 00:35:57,990 - No one said anything about a boat. - Ls there a problem, sir? 457 00:35:58,157 --> 00:36:01,911 No, no problem, I'm just not that crazy about boats. 458 00:36:02,078 --> 00:36:06,207 Jesus Christ, Kaffee, you're in the Navy, for crying out loud! 459 00:36:06,374 --> 00:36:09,585 - Nobody likes her very much. - Yes, sir. 460 00:36:22,932 --> 00:36:26,727 - Nathan Jessep. Come on in. - Thank you, sir. 461 00:36:26,894 --> 00:36:29,897 Daniel Kaffee, I'm the attorney for Dawson and Downey. 462 00:36:30,064 --> 00:36:32,108 This is Lt. Commander JoAnne Galloway. 463 00:36:32,274 --> 00:36:33,442 Pleasure meeting you. 464 00:36:33,609 --> 00:36:37,988 Observing and evaluating. Lieutenant Weinberg, my assistant. 465 00:36:38,155 --> 00:36:41,951 This is XO, Colonel Markinson, and Platoon Leader Lt. Kendrick. 466 00:36:42,118 --> 00:36:44,620 I've asked them to join us. Sit down, please. 467 00:36:44,787 --> 00:36:47,331 - Lieutenant Kaffee. - Colonel Markinson. 468 00:36:47,498 --> 00:36:49,667 I had the pleasure of meeting your father once. 469 00:36:49,834 --> 00:36:51,877 I was a teenager. He spoke at my high school. 470 00:36:52,795 --> 00:36:55,339 - Lionel Kaffee? - Yes, sir. 471 00:36:55,506 --> 00:36:56,882 Well, what do you know? 472 00:36:57,341 --> 00:37:01,554 Jon, this man's dad once made a lot of enemies in your neck of the woods. 473 00:37:01,721 --> 00:37:05,433 Jefferson v. Madison County School District. 474 00:37:05,599 --> 00:37:09,812 Folks down there said a little black girl couldn't go to an all-white school. 475 00:37:09,979 --> 00:37:13,816 Lionel Kaffee said, "We'll just see about that." 476 00:37:14,316 --> 00:37:18,904 - How the hell is your dad, Danny? - He passed away seven years ago. 477 00:37:20,948 --> 00:37:24,910 - Don't I feel like the fucking asshole. - Not at all, sir. 478 00:37:26,287 --> 00:37:31,792 - What can we do for you, Danny? - Not much, sir. 479 00:37:31,959 --> 00:37:36,505 This is really a formality more than anything else. 480 00:37:36,672 --> 00:37:39,467 JAG Corps insist we interview all the relevant witnesses. 481 00:37:39,633 --> 00:37:42,678 The JAG Corps can be demanding that way. 482 00:37:43,471 --> 00:37:48,184 Jon'll show you what you want to see. After that, we can meet for lunch. 483 00:37:48,350 --> 00:37:50,561 - How does that sound? - Fine, sir. 484 00:37:59,987 --> 00:38:04,700 You met with the men that afternoon. What did you guys talk about? 485 00:38:04,867 --> 00:38:06,952 I told them we had an informer among us... 486 00:38:07,119 --> 00:38:10,080 ...and that, despite any desire they had for retribution... 487 00:38:10,247 --> 00:38:13,876 ...Private Santiago was not to be harmed in any way. 488 00:38:14,043 --> 00:38:17,671 - What time was that meeting? - 1600. 489 00:38:17,838 --> 00:38:19,548 That's 4:00. 490 00:39:11,433 --> 00:39:14,103 We should make sure somebody gets this to his parents. 491 00:39:14,270 --> 00:39:17,106 - We don't need it anymore. - Right. 492 00:39:18,607 --> 00:39:22,778 - Lt. Kendrick, may I call you Jon? - No, you may not. 493 00:39:22,945 --> 00:39:27,199 - Have I done something to offend you? - No, I like all you Navy boys. 494 00:39:27,366 --> 00:39:31,287 Every time we gotta go fight, you fellas always give us a ride. 495 00:39:32,872 --> 00:39:36,083 Lieutenant Kendrick, do you think Santiago was murdered? 496 00:39:36,250 --> 00:39:41,297 I believe in God and Jesus Christ. Because I do, I can say this: 497 00:39:41,463 --> 00:39:44,967 Private Santiago is dead, and that is a tragedy. 498 00:39:45,134 --> 00:39:47,177 But he is dead because he had no code... 499 00:39:47,344 --> 00:39:51,599 ...and no honor. And God was watching. 500 00:39:54,268 --> 00:39:58,147 - How do you feel about that theory? - Sounds good. Let's move on. 501 00:39:58,314 --> 00:40:03,861 Are you planning on investigating, or you just gonna take the guided tour? 502 00:40:04,069 --> 00:40:06,655 I'm pacing myself. 503 00:40:06,947 --> 00:40:12,328 They were running around for hours looking for anything white to wave. 504 00:40:12,494 --> 00:40:16,832 Some of these people surrendered to a crew from CNN. 505 00:40:16,999 --> 00:40:23,547 Walk softly and carry an armoured tank division, I always say. 506 00:40:23,714 --> 00:40:26,634 - That was delicious. Thank you. - My pleasure, sir. 507 00:40:26,800 --> 00:40:31,513 Colonel, I do have to ask you a couple questions about September 6th. 508 00:40:31,680 --> 00:40:33,182 Shoot 509 00:40:33,349 --> 00:40:39,980 An NIS agent told you that Santiago tipped him off to a fenceline shooting. 510 00:40:40,147 --> 00:40:43,192 Santiago was gonna reveal who did it in exchange for a transfer. 511 00:40:43,359 --> 00:40:45,527 Yes. 512 00:40:47,821 --> 00:40:53,702 If you feel there are any details that I'm missing, feel free to speak up. 513 00:40:56,372 --> 00:40:58,040 Thank you. 514 00:41:01,543 --> 00:41:03,921 You called Lt. Colonel Markinson... 515 00:41:04,088 --> 00:41:07,007 ...and Lt. Kendrick into your office. Is that right? 516 00:41:07,174 --> 00:41:09,510 - Yes. - And what happened then? 517 00:41:09,677 --> 00:41:15,391 We agreed that, for his own safety, Santiago should be transferred. 518 00:41:16,058 --> 00:41:19,520 Santiago was set to be transferred? 519 00:41:19,687 --> 00:41:24,358 On the first flight to the States. 0600 the next morning. 520 00:41:24,942 --> 00:41:28,529 Five hours too late, as it turned out. 521 00:41:29,863 --> 00:41:35,244 Yeah. All right, that's all. Thanks very much for your time. 522 00:41:35,411 --> 00:41:38,539 The corporal's waiting outside with a jeep. He'll take you back. 523 00:41:38,706 --> 00:41:41,500 - Wait, I've got some questions. - No, you don't. 524 00:41:41,667 --> 00:41:43,794 - Yes, I do. - No, you don't. 525 00:41:43,961 --> 00:41:49,091 On the morning Santiago died, did you meet with Dr. Stone? 526 00:41:49,258 --> 00:41:55,764 - Of course. One of my men was dead. - You see? The man was dead. Let's go. 527 00:41:55,931 --> 00:42:02,563 - Have you heard the term Code Red? - I've heard the term, yes. 528 00:42:02,771 --> 00:42:05,482 This past February, you received a memo... 529 00:42:05,649 --> 00:42:08,193 ...from the Atlantic Fleet commander... 530 00:42:08,360 --> 00:42:11,488 ...warning that enlisted men disciplining their own... 531 00:42:11,655 --> 00:42:13,240 ...wasn't to be condoned. 532 00:42:13,407 --> 00:42:16,160 I submit to you that whoever wrote that memo... 533 00:42:16,326 --> 00:42:22,124 ...has never faced the working end of a Cuban AK-47 assault rifle. 534 00:42:22,291 --> 00:42:25,794 However, the directive, having come from the commander... 535 00:42:25,961 --> 00:42:27,755 ...I gave it its due attention. 536 00:42:27,921 --> 00:42:29,256 What is your point, Jo? 537 00:42:29,423 --> 00:42:34,094 She has no point, it's part of her charm. We're out of here. Thank you. 538 00:42:34,261 --> 00:42:39,808 My point is that I think Code Reds still go on. Do they? 539 00:42:39,975 --> 00:42:42,311 - He doesn't need to answer that. - Yes, he does. 540 00:42:42,519 --> 00:42:46,023 - No, he really doesn't. - Yeah, he really does. 541 00:42:47,775 --> 00:42:48,984 Colonel? 542 00:42:50,611 --> 00:42:53,739 You know, it just hit me. 543 00:42:53,906 --> 00:42:57,701 - She outranks you, Danny. - Yes, sir. 544 00:42:57,868 --> 00:43:01,246 I want to tell you something. And listen up, because I mean this. 545 00:43:01,413 --> 00:43:04,333 You're the luckiest man in the world. 546 00:43:04,500 --> 00:43:08,337 There is nothing on this earth sexier... Believe me, gentlemen. 547 00:43:08,504 --> 00:43:11,507 ...Than a woman you have to salute in the morning. 548 00:43:12,174 --> 00:43:15,469 Promote them all, I say, because this is true. 549 00:43:15,636 --> 00:43:20,140 If you haven't gotten a blowjob from a superior officer, well... 550 00:43:20,307 --> 00:43:23,185 ...you're just letting the best in life pass you by. 551 00:43:24,436 --> 00:43:28,065 The practice of Code Reds is still condoned on this base, isn't it? 552 00:43:28,273 --> 00:43:31,485 My problem is I'm a colonel, so I'll just have to take cold showers... 553 00:43:31,652 --> 00:43:34,196 ...until they elect some gal president. 554 00:43:34,905 --> 00:43:36,698 I need an answer to my question, sir. 555 00:43:36,865 --> 00:43:40,369 Take caution in your tone, commander. 556 00:43:40,536 --> 00:43:46,667 I'm a fair guy, but this fucking heat is making me absolutely crazy. 557 00:43:47,543 --> 00:43:49,294 You wanna ask me about Code Reds? 558 00:43:49,461 --> 00:43:52,047 On the record, I discourage the practice... 559 00:43:52,214 --> 00:43:54,216 ...in accordance with the directive. 560 00:43:54,383 --> 00:43:59,429 Off the record, I tell you it is an invaluable part of infantry training. 561 00:43:59,596 --> 00:44:06,395 If it goes on without my knowledge, so be it. That's how I run my unit. 562 00:44:06,562 --> 00:44:11,066 You want to investigate me, roll the dice and take your chances. 563 00:44:11,233 --> 00:44:15,612 I eat breakfast 300 yards from 4000 Cubans who are trained to kill me. 564 00:44:15,779 --> 00:44:20,742 So don't think for one second that you can come down here, flash a badge... 565 00:44:20,909 --> 00:44:23,287 ...and make me nervous. 566 00:44:27,916 --> 00:44:29,626 Let's go. 567 00:44:32,045 --> 00:44:35,507 Colonel, I'll just need a copy of Santiago's transfer order. 568 00:44:35,924 --> 00:44:37,176 What's that? 569 00:44:37,342 --> 00:44:40,596 Santiago's transfer order. You guys have paperwork on it. 570 00:44:40,762 --> 00:44:42,389 I just need it for the file. 571 00:44:42,556 --> 00:44:45,434 - For the file? - Yeah. 572 00:44:47,561 --> 00:44:51,940 Of course you can have a copy of the transfer order for the file. 573 00:44:52,107 --> 00:44:55,277 - I'm here to help in any way I can. - Thank you. 574 00:44:55,444 --> 00:44:57,029 You believe that, don't you, Danny? 575 00:44:57,196 --> 00:44:59,364 That I'm here to help you any way I can? 576 00:45:00,365 --> 00:45:01,700 Of course. 577 00:45:02,451 --> 00:45:07,122 The corporal will take you by Personnel on your way to the flight line... 578 00:45:07,289 --> 00:45:10,209 ...and you can have all the transfer orders that you want. 579 00:45:12,461 --> 00:45:14,463 But you have to ask me nicely. 580 00:45:16,798 --> 00:45:21,470 - I beg your pardon? - You have to ask me nicely. 581 00:45:21,637 --> 00:45:24,973 See, I can deal with the bullets, the bombs and the blood. 582 00:45:25,140 --> 00:45:27,976 I don't want money and I don't want medals. 583 00:45:28,143 --> 00:45:30,687 What I do want is for you to stand there... 584 00:45:30,854 --> 00:45:32,606 ...in that faggoty white uniform... 585 00:45:32,773 --> 00:45:37,277 ...and with your Harvard mouth, extend me some fucking courtesy. 586 00:45:40,155 --> 00:45:42,491 You got to ask me nicely. 587 00:45:46,203 --> 00:45:48,830 Colonel Jessep, if it's not too much trouble... 588 00:45:48,997 --> 00:45:52,668 ...I'd like a copy of the transfer order. Sir. 589 00:45:55,796 --> 00:45:57,756 No problem. 590 00:46:40,340 --> 00:46:42,050 - Who is it? - It's me. 591 00:46:42,217 --> 00:46:44,094 Jo. 592 00:46:45,053 --> 00:46:46,346 I've really missed you. 593 00:46:46,513 --> 00:46:49,057 I was just saying, it's been three hours... 594 00:46:49,224 --> 00:46:51,810 - Markinson's disappeared. - What? 595 00:46:51,977 --> 00:46:55,188 Colonel Markinson's gone U.A. Unauthorized Absence. 596 00:46:55,355 --> 00:46:59,484 - I know what it means. When? - This afternoon, after we left. 597 00:46:59,651 --> 00:47:02,362 - I'll try to find him in the morning. - I've already tried. 598 00:47:02,529 --> 00:47:03,905 You tried? 599 00:47:05,240 --> 00:47:10,912 You're coming close to interfering with a government investigation. 600 00:47:11,079 --> 00:47:17,419 I'm Louden Downey's attorney. Aunt Ginny feels like she knows me. 601 00:47:17,586 --> 00:47:22,007 So I suggested that I get more directly involved with the case. 602 00:47:22,174 --> 00:47:25,719 She had Louden sign the papers about an hour ago. 603 00:47:25,886 --> 00:47:30,057 I suppose it's too much to hope that you're making this up just to bother me. 604 00:47:30,223 --> 00:47:35,228 - Don't worry, you're still lead counsel. - Splendid. 605 00:47:35,395 --> 00:47:38,106 I think Kendrick ordered the Code Red, and so do you. 606 00:47:40,025 --> 00:47:41,902 Let's go. 607 00:47:45,781 --> 00:47:47,657 Officer on deck, ten-hut! 608 00:47:47,824 --> 00:47:49,701 - Did Kendrick order the Code Red? - Sir? 609 00:47:49,868 --> 00:47:53,413 Don't say "sir" like I just asked you if you cleaned the latrine. 610 00:47:53,580 --> 00:47:57,751 Did Lieutenant Kendrick order you to give Santiago a Code Red? 611 00:47:59,086 --> 00:48:01,630 Yes, sir. 612 00:48:01,797 --> 00:48:04,508 - Did he? - Yes, sir. 613 00:48:08,970 --> 00:48:13,475 - Why didn't you mention this before? - You didn't ask us, sir. 614 00:48:13,809 --> 00:48:18,480 Corporal, I get paid no matter how much time you spend in jail. 615 00:48:18,647 --> 00:48:20,607 Yes, sir. I know you do, sir. 616 00:48:20,774 --> 00:48:22,818 - Fuck you, Harold! - All right. 617 00:48:23,985 --> 00:48:28,490 - At ease. Let's sort this thing out. - Shit. 618 00:48:28,657 --> 00:48:31,952 There was a platoon meeting on September 6th at 4 p.m. 619 00:48:32,119 --> 00:48:36,456 Lieutenant Kendrick says he told you nothing was to happen to Santiago. 620 00:48:37,082 --> 00:48:42,295 Now, is this true? I want you to speak freely. 621 00:48:45,215 --> 00:48:49,511 Ma'am, that's correct. But then he dismissed the platoon. 622 00:48:49,678 --> 00:48:53,598 - And what happened then? - Lt. Kendrick came to our room. 623 00:48:53,765 --> 00:48:55,475 When? 624 00:48:56,351 --> 00:49:00,480 About five minutes after the meeting broke. About 1620. 625 00:49:00,647 --> 00:49:03,150 And what happened then? 626 00:49:03,316 --> 00:49:07,529 Lt. Kendrick ordered us to give Santiago a Code Red. 627 00:49:09,197 --> 00:49:13,618 Jack! Jack! They were given an order. 628 00:49:16,872 --> 00:49:22,043 - Jack, come on. - I'll be right back. Be right back. 629 00:49:22,210 --> 00:49:23,879 How long did you know about the order? 630 00:49:24,045 --> 00:49:25,714 I didn't. Who's this? 631 00:49:25,881 --> 00:49:29,259 It's Jo Galloway, Downey's lawyer. She's very pleased to meet you. 632 00:49:29,426 --> 00:49:32,554 - What are you accusing me of? - How long have you known? 633 00:49:32,721 --> 00:49:37,392 He didn't know. If he did and didn't tell us, he'd be violating the code of ethics. 634 00:49:37,559 --> 00:49:41,021 He's got enough to worry about. God forbid our clients plead not guilty... 635 00:49:41,188 --> 00:49:43,356 ...and testify for the record they were ordered. 636 00:49:43,523 --> 00:49:46,651 Kendrick told those men not to touch Santiago. 637 00:49:46,818 --> 00:49:50,906 Then he told Dawson and Downey to give him a Code Red. Kendrick's lying. 638 00:49:51,072 --> 00:49:52,866 - You have proof? - I have the defendants. 639 00:49:53,033 --> 00:49:57,412 And I have 23 Marines and a lieutenant with four letters of commendation. 640 00:49:57,579 --> 00:49:59,873 - Why did Markinson go U.A.? - We'll never know. 641 00:50:00,040 --> 00:50:02,751 - I can't subpoena Markinson? - You won't find him. 642 00:50:03,084 --> 00:50:08,298 You know what Markinson did for 17 years? Counterintelligence. 643 00:50:08,465 --> 00:50:11,259 Markinson's gone. There is no Markinson. 644 00:50:12,928 --> 00:50:17,432 Look, Danny, Jessep's star is on the rise. 645 00:50:17,599 --> 00:50:21,394 Division will give me room to spare him and the Corps any embarrassment. 646 00:50:21,561 --> 00:50:22,771 How much room? 647 00:50:24,064 --> 00:50:27,526 I'll knock it down to involuntary manslaughter. Two years. 648 00:50:27,692 --> 00:50:28,944 No, we're going to court. 649 00:50:29,110 --> 00:50:30,946 - No, you're not. - Why not? 650 00:50:31,112 --> 00:50:34,032 Because you'll lose, and Danny knows it. 651 00:50:34,199 --> 00:50:37,118 And he knows if we go to court, I'll have to go all the way. 652 00:50:37,285 --> 00:50:39,538 They'll be charged with the whole truckload. 653 00:50:39,704 --> 00:50:42,207 Murder, conspiracy, conduct unbecoming. 654 00:50:42,374 --> 00:50:47,128 Danny's got me by the balls here, but not in the courtroom. 655 00:50:47,295 --> 00:50:49,089 Danny's an awfully talented lawyer. 656 00:50:49,256 --> 00:50:54,135 He won't see his clients go jail for life if they could be home in six months. 657 00:50:54,803 --> 00:51:00,058 That's the end of this negotiation. I'll see you at the arraignment. 658 00:51:03,478 --> 00:51:06,106 All right, here's the story. 659 00:51:06,273 --> 00:51:11,152 The government's offering involuntary manslaughter. Two years. 660 00:51:11,319 --> 00:51:13,238 You'll be home in six months. 661 00:51:15,991 --> 00:51:22,539 "Wow! You're the greatest lawyer in the world! How can we thank you?" 662 00:51:22,747 --> 00:51:28,628 Fellas, you hear what I just said? You'll be home in six months. 663 00:51:28,795 --> 00:51:30,880 I'm afraid we can't do that, sir. 664 00:51:31,256 --> 00:51:32,299 Do what? 665 00:51:32,507 --> 00:51:35,844 - Make a deal, sir. - What are you talking about? 666 00:51:36,011 --> 00:51:38,805 We did nothing wrong. We did our job. 667 00:51:38,972 --> 00:51:42,225 If that has consequences, I'll accept them. 668 00:51:42,392 --> 00:51:44,477 But I won't say that I'm guilty, sir. 669 00:51:46,062 --> 00:51:49,357 - Did she put you up to this? - No. 670 00:51:49,524 --> 00:51:51,109 We have a code, sir. 671 00:51:51,276 --> 00:51:56,364 You and your code plead not guilty. You'll be in jail for life. 672 00:51:56,531 --> 00:52:00,493 Do what I say, and you'll be home in six months. 673 00:52:01,328 --> 00:52:05,999 Do it, Harold. Six months, it's nothing. It's a hockey season. 674 00:52:08,418 --> 00:52:12,213 - Permission to... - Speak! Jesus! 675 00:52:14,799 --> 00:52:17,218 - What do we do then, sir? - When? 676 00:52:17,385 --> 00:52:20,722 After six months we'll be dishonorably discharged, right, sir? 677 00:52:20,889 --> 00:52:25,393 - Probably. - What do we do then, sir? 678 00:52:28,104 --> 00:52:33,902 We joined the Marines because we wanted to live by a certain code. 679 00:52:34,069 --> 00:52:39,407 You're asking us to say we have no honor, that we're not Marines! 680 00:52:39,574 --> 00:52:43,870 If a court decides what we did was wrong, I'll accept my punishment. 681 00:52:44,037 --> 00:52:49,751 But I believe I was right. I did my job. I will not dishonor myself, my unit... 682 00:52:49,918 --> 00:52:55,048 ...or the Corps, so that I can go home in six months! 683 00:52:55,215 --> 00:52:57,050 Sir! 684 00:53:03,848 --> 00:53:06,393 I'd like to talk to Lance Corporal Dawson... 685 00:53:06,559 --> 00:53:08,436 ...alone for a minute, please. 686 00:53:10,105 --> 00:53:11,439 Sergeant! 687 00:53:14,776 --> 00:53:19,155 - We'd like to go to another room. - Sit down. 688 00:53:30,875 --> 00:53:32,877 You don't like me very much, do you? 689 00:53:34,379 --> 00:53:38,591 Forget it, don't answer that. It doesn't matter. 690 00:53:43,805 --> 00:53:48,893 You know, Downey worships you. 691 00:53:51,146 --> 00:53:53,565 He's gonna do whatever you do. 692 00:53:54,649 --> 00:53:59,487 Are you really gonna let this happen to him because of a code, Harold? 693 00:53:59,654 --> 00:54:01,823 - Do you think we were right? - Doesn't matter... 694 00:54:01,990 --> 00:54:03,408 Do you think we were right?! 695 00:54:04,242 --> 00:54:05,994 I think you'd lose. 696 00:54:08,121 --> 00:54:09,706 You're such a coward. 697 00:54:09,873 --> 00:54:12,500 I can't believe they let you wear a uniform. 698 00:54:15,003 --> 00:54:17,756 I'm not gonna feel responsible for this. I did all I could. 699 00:54:17,922 --> 00:54:21,342 You're going to Leavenworth for the better part of your life... 700 00:54:21,509 --> 00:54:24,137 ...and I don't give a shit. 701 00:54:24,304 --> 00:54:28,183 What happened to saluting an officer when he leaves the room? 702 00:54:36,232 --> 00:54:37,358 Open it up. 703 00:54:40,695 --> 00:54:45,200 I don't believe it! He's gonna go to jail to spite me! 704 00:54:45,366 --> 00:54:47,535 If he wants to jump off a cliff, that's his business. 705 00:54:47,702 --> 00:54:49,370 I'm not gonna hold his hand. 706 00:54:49,537 --> 00:54:53,917 - How do I get him a new lawyer? - Make a motion at the arraignment. 707 00:54:54,083 --> 00:54:58,379 Just tell the judge you want new counsel assigned. 708 00:55:00,048 --> 00:55:01,382 That's that. 709 00:55:02,091 --> 00:55:04,719 One thing, though. When you ask the judge... 710 00:55:04,886 --> 00:55:06,721 ...be sure and ask nicely. 711 00:55:07,597 --> 00:55:13,561 - What do you want from me? - I want you to make an argument. 712 00:55:13,728 --> 00:55:18,525 That didn't help Calley at My Lai, or the Nazis at Nuremburg. 713 00:55:18,691 --> 00:55:21,903 For chrissakes, Sam. Do you think that's the same... 714 00:55:22,070 --> 00:55:25,448 ...as two teenagers executing an order they didn't think would harm? 715 00:55:25,615 --> 00:55:27,492 These guys aren't Nazis. 716 00:55:27,659 --> 00:55:30,578 Don't look now, but you're making an argument. 717 00:55:32,247 --> 00:55:35,875 Yeah, yeah. Tomorrow morning, I get them a new attorney. 718 00:55:36,042 --> 00:55:40,338 Why are you so afraid to be a lawyer? You Daddy's expectations that high? 719 00:55:40,505 --> 00:55:43,758 Please, spare me the psychobabble father bullshit! 720 00:55:43,925 --> 00:55:47,428 They'll have their day in court, but with another lawyer. 721 00:55:47,595 --> 00:55:52,058 Another lawyer won't be good enough. They need you. You know how to win. 722 00:55:52,225 --> 00:55:56,604 You know they have a case. You walk away from this, you seal their fate. 723 00:55:56,771 --> 00:56:00,066 Their fate was sealed the moment Santiago died. 724 00:56:00,233 --> 00:56:01,901 Do you believe they have a case? 725 00:56:02,068 --> 00:56:04,946 You and Dawson, you both live in the same dream world. 726 00:56:05,113 --> 00:56:09,158 It doesn't matter what I believe, it only matters what I can prove. 727 00:56:09,325 --> 00:56:13,955 So don't tell me what I know and don't know. I know the law! 728 00:56:19,127 --> 00:56:23,172 You know nothing about the law. You're a used-oar salesman. 729 00:56:23,339 --> 00:56:29,554 An ambulance-chaser with a rank. You're nothing. Live with that. 730 00:56:35,685 --> 00:56:37,312 So I told Duncan: 731 00:56:37,478 --> 00:56:41,482 "if you wanna take this to court, you'll force me to file discovery motions... 732 00:56:41,649 --> 00:56:45,153 ...and you're gonna spend a year going blind on paperwork... 733 00:56:45,320 --> 00:56:48,489 ...because a 90-year-old man misread the Delaware insurance code." 734 00:56:48,656 --> 00:56:53,953 - So, what happened? - Fifteen minutes later, he makes a deal. 735 00:57:40,124 --> 00:57:42,335 All rise. 736 00:57:49,092 --> 00:57:55,348 - Where are we? - Docket number 411275 VR-5. 737 00:57:55,515 --> 00:57:58,101 The United States v. Lance Corporal Harold Dawson... 738 00:57:58,267 --> 00:58:00,478 ...and Private First Class Louden Downey. 739 00:58:00,645 --> 00:58:03,898 The accused are charged with murder, conspiracy to commit murder... 740 00:58:04,065 --> 00:58:06,317 ...and conduct unbecoming a United States Marine. 741 00:58:06,484 --> 00:58:08,528 Does the defense wish to enter a plea? 742 00:58:10,279 --> 00:58:11,739 Yeah. 743 00:58:15,493 --> 00:58:16,828 They're not guilty. 744 00:58:20,081 --> 00:58:22,667 Enter a plea of "not guilty" for the accused. 745 00:58:22,834 --> 00:58:29,590 We will adjourn until 1000, three weeks from today, when we will reconvene. 746 00:58:45,773 --> 00:58:49,068 Why does a lieutenant with nine months' experience... 747 00:58:49,235 --> 00:58:53,489 ...and a record for plea-bargaining get assigned a murder case? 748 00:58:55,533 --> 00:58:59,787 Would it be so that it never sees the inside of a courtroom? 749 00:59:01,039 --> 00:59:07,545 We'll work out of my apartment. Jo, bring legal pads and pens. 750 00:59:07,712 --> 00:59:11,090 Sam, get a couple desk lamps. I need you to start a medical profile. 751 00:59:11,257 --> 00:59:15,136 Jo, get Dawson's, Downey's and Santiago's conduct reports. 752 00:59:15,303 --> 00:59:19,599 I've only got Yoo-hoo and Cocoa Puffs, so if you want anything else, bring it. 753 00:59:19,766 --> 00:59:21,893 - Okay? - Yeah. 754 00:59:28,066 --> 00:59:31,235 So this is what a courtroom looks like. 755 00:59:40,870 --> 00:59:45,166 - You speak to your friend at the NIS? - Yeah. 756 00:59:45,333 --> 00:59:49,670 She said if Markinson doesn't want to be found, we won't find him. 757 00:59:49,837 --> 00:59:54,383 She said I could be Markinson, and you wouldn't know it. 758 00:59:54,550 --> 00:59:58,596 - Are you Markinson? - No. 759 00:59:58,805 --> 01:00:03,851 I'm not Markinson. That's two down. 760 01:00:05,770 --> 01:00:07,772 What? 761 01:00:08,439 --> 01:00:11,943 I'm just wondering, now that JoAnne's on this... 762 01:00:12,443 --> 01:00:14,821 I'm just wondering if you still need me. 763 01:00:14,987 --> 01:00:17,532 - They were following orders, Sam. - An illegal order. 764 01:00:17,698 --> 01:00:19,992 You think Dawson and Downey knew it was illegal? 765 01:00:20,243 --> 01:00:22,829 It doesn't matter. Any decent human would have... 766 01:00:22,995 --> 01:00:25,706 They're not permitted to question orders. 767 01:00:25,873 --> 01:00:30,503 Then what's the secret? I give orders every day, nobody obeys! 768 01:00:30,670 --> 01:00:32,380 We have softball and marching bands. 769 01:00:32,547 --> 01:00:36,801 They work at a place where you have to wear camouflage or you might get shot. 770 01:00:44,517 --> 01:00:48,771 I need you. You're better at research than I am. 771 01:00:48,938 --> 01:00:51,566 And you know how to prepare a witness. 772 01:00:56,988 --> 01:01:01,742 I've got medical reports and Chinese food. I say we eat first. 773 01:01:07,707 --> 01:01:09,709 What? 774 01:01:10,877 --> 01:01:13,713 Did you get any kung pao chicken? 775 01:01:16,340 --> 01:01:19,427 This is our defense. Intent. No one can prove there was poison. 776 01:01:19,594 --> 01:01:22,722 Code Red. They're common and accepted in Guanténamo Bay. 777 01:01:22,889 --> 01:01:28,352 The order. A, Kendrick gave it, B, they had no choice but to follow. 778 01:01:28,519 --> 01:01:30,897 - What about motive? - We're weak. They had one. 779 01:01:31,063 --> 01:01:33,107 That doesn't make them guilty. 780 01:01:33,274 --> 01:01:36,777 Relax. We'll deal with that later. For now, we start with intent. 781 01:01:36,944 --> 01:01:41,908 We must show that Santiago could've died from something other than poison. 782 01:01:42,074 --> 01:01:46,454 Jo, find out all about lactic acidosis. 783 01:01:46,621 --> 01:01:49,165 This is Lt. Commander Galloway with the JAG Corps. 784 01:01:49,332 --> 01:01:53,127 I've been trying to track down a Lt. Colonel Matthew Markinson... 785 01:01:53,294 --> 01:01:55,421 Doctor, was there any sign of external damage? 786 01:01:55,588 --> 01:01:58,424 No scrapes? No cuts? 787 01:01:58,633 --> 01:02:02,637 Bruises? Broken bones? Was there any sign of violence? 788 01:02:02,803 --> 01:02:07,475 - Other than the dead body? - Shit. I walk into that every time. 789 01:02:07,642 --> 01:02:12,188 He ordered me and Dawson to give Willy a Code Red. 790 01:02:12,355 --> 01:02:13,981 Answers still have to come faster. 791 01:02:14,148 --> 01:02:16,150 This farm boy thing will play for a while... 792 01:02:16,317 --> 01:02:18,903 ...but in the end, it sounds like he's searching for it. 793 01:02:19,070 --> 01:02:25,493 Right. And Willy is Private Santiago. Willy is someone with a mother. 794 01:02:26,494 --> 01:02:30,122 They drew court members. Seven men, two women. 795 01:02:30,289 --> 01:02:32,250 All experienced officers. 796 01:02:32,416 --> 01:02:35,336 The women have no children. That's a bad break. 797 01:02:35,503 --> 01:02:39,548 My father said a jury trial is about assigning blame. 798 01:02:39,715 --> 01:02:44,220 Santiago's dead and he shouldn't be. They want to know who's to blame. 799 01:02:44,387 --> 01:02:46,806 Ross hands them our clients, we hand them Kendrick. 800 01:02:46,973 --> 01:02:52,561 This won't be won by the law, but by the lawyers. So, poker faces. 801 01:02:52,728 --> 01:02:57,942 Don't flinch. If something goes wrong, don't hang your head or scribble. 802 01:02:58,109 --> 01:03:01,779 Whatever happens, you have to look like you expected it. 803 01:03:01,946 --> 01:03:06,742 - You pass me documents... - "Swiftly, and don't look overanxious." 804 01:03:06,909 --> 01:03:09,620 Don't wear that perfume in court, wrecks my concentration. 805 01:03:09,787 --> 01:03:13,416 - Really? - I was talking to Sam. 806 01:03:15,042 --> 01:03:19,630 - What time is it? - It's time to go home. Try to sleep. 807 01:03:19,797 --> 01:03:22,216 - Give me a ride? - Sure. 808 01:03:25,428 --> 01:03:31,225 - You're a good man, Charlie Brown. - I'll see you in court, counselor. 809 01:03:36,439 --> 01:03:39,900 - Danny, L- - I know. We've had our differences. 810 01:03:40,067 --> 01:03:44,780 We both said things we didn't mean. But you're happy I stuck with the case. 811 01:03:44,947 --> 01:03:51,078 If you've gained some respect for me, well, of course I'm happy about that. 812 01:03:51,245 --> 01:03:55,583 But it's no big deal. You like me, I won't make you say it. 813 01:03:56,375 --> 01:03:59,086 I was just gonna tell you to wear matching socks tomorrow. 814 01:04:01,213 --> 01:04:04,342 Okay. Good tip. 815 01:04:05,134 --> 01:04:10,556 - We're ready. - You'd better believe it. 816 01:04:19,023 --> 01:04:22,026 We're gonna get creamed. 817 01:04:50,096 --> 01:04:52,014 Lieutenant Kaffee. 818 01:04:52,848 --> 01:04:55,893 You are gonna save our son, aren't you? 819 01:04:56,060 --> 01:04:58,062 I'll do my best. 820 01:04:58,229 --> 01:05:02,691 Danny, I'd like you to meet Ginny Miller, Louden's aunt. 821 01:05:03,526 --> 01:05:05,778 You're Aunt Ginny? 822 01:05:07,822 --> 01:05:12,785 - I was expecting someone older. - So was I. 823 01:05:17,498 --> 01:05:20,167 - Last chance. I'll flip you for it. - All rise. 824 01:05:20,334 --> 01:05:21,335 Too late. 825 01:05:30,010 --> 01:05:35,766 All those having business with this court-martial, stand forward. 826 01:05:35,933 --> 01:05:39,270 Colonel Julius Alexander Randolph is presiding. 827 01:05:39,437 --> 01:05:43,524 Is the government prepared to make an opening statement? 828 01:05:46,610 --> 01:05:48,487 The facts of the case are these: 829 01:05:48,654 --> 01:05:54,702 On September 6th, the accused entered PFC Santiago's room. 830 01:05:54,869 --> 01:05:57,705 They woke him up, tied his arms and legs... 831 01:05:57,872 --> 01:06:00,207 ...and forced a rag into his throat. 832 01:06:00,374 --> 01:06:06,046 Minutes later, a reaction called lactic acidosis caused his lungs to bleed. 833 01:06:06,213 --> 01:06:11,719 He drowned in his own blood, and was dead at 37 minutes past midnight. 834 01:06:11,886 --> 01:06:16,891 These are the facts of the case, and they are undisputed. 835 01:06:17,057 --> 01:06:22,354 That's right. What I've just told you is exactly what you will hear... 836 01:06:22,521 --> 01:06:27,109 ...from Lance Corporal Dawson and Private Downey. 837 01:06:27,276 --> 01:06:32,323 Furthermore, we will also show that the accused soaked the rag in poison... 838 01:06:32,490 --> 01:06:37,828 ...and entered Santiago's room with motive and intent to kill. 839 01:06:37,995 --> 01:06:43,375 Lieutenant Kaffee is gonna try and pull off a little magic act here. 840 01:06:43,542 --> 01:06:45,586 He'll try a little misdirection. 841 01:06:46,045 --> 01:06:49,298 He'll astonish you with stories of rituals. 842 01:06:49,465 --> 01:06:55,679 Dazzle you with official-sounding terms like "Code Red." 843 01:06:55,846 --> 01:06:58,807 He might even try to cut into a few officers for you. 844 01:06:58,974 --> 01:07:03,729 He'll have no evidence, none, but it'll be entertaining. 845 01:07:03,979 --> 01:07:05,397 But in the end... 846 01:07:05,564 --> 01:07:10,152 ...all the magic in the world will not divert your attention from the fact... 847 01:07:10,319 --> 01:07:17,243 ...that Willy Santiago is dead, and Dawson and Downey killed him. 848 01:07:17,409 --> 01:07:21,247 These are the facts of the case, and they are undisputed. 849 01:07:22,373 --> 01:07:24,083 Lieutenant Kaffee. 850 01:07:24,250 --> 01:07:27,253 There was no poison on the rag and there was no intent to kill... 851 01:07:27,419 --> 01:07:31,465 ...and any attempt to prove otherwise is futile, because it just ain't true. 852 01:07:32,049 --> 01:07:35,302 Dawson and Downey didn't go into Santiago's room... 853 01:07:35,469 --> 01:07:37,680 ...because of vengeance. 854 01:07:37,888 --> 01:07:41,850 It wasn't to kill or harm. And they weren't looking for kicks. 855 01:07:42,017 --> 01:07:45,312 It's because it was what they were ordered to do. 856 01:07:45,896 --> 01:07:50,484 Let me say that again. It's because they were ordered to do it. 857 01:07:51,110 --> 01:07:52,987 Out in the real world, that means nothing. 858 01:07:53,153 --> 01:07:55,489 And here in the Washington Navy Yard... 859 01:07:55,656 --> 01:07:57,283 ...doesn't mean a whole lot more. 860 01:07:57,449 --> 01:07:58,993 But if you're a Marine... 861 01:07:59,159 --> 01:08:03,455 ...assigned to Rifle Security Company Windward, Guantanamo Bay, Cuba... 862 01:08:03,622 --> 01:08:07,001 ...you follow orders, or you pack your bags. 863 01:08:07,209 --> 01:08:12,423 Make no mistake about it. Dawson and Downey are sitting here... 864 01:08:12,590 --> 01:08:15,843 ...because they did their job. 865 01:08:19,430 --> 01:08:22,516 Is the government ready to call its first witness? 866 01:08:22,683 --> 01:08:26,353 Please the court, government calls Mr. R.C. McGuire. 867 01:08:30,858 --> 01:08:33,027 Raise your right hand, please. 868 01:08:33,193 --> 01:08:38,866 Do you swear to tell the truth, the whole truth, and nothing but the truth? 869 01:08:39,033 --> 01:08:41,410 - I do. - Have a seat, please. 870 01:08:42,494 --> 01:08:45,706 Would you state your full name and occupation? 871 01:08:45,873 --> 01:08:50,210 Robert C. McGuire, special agent, Naval Investigative Service. 872 01:08:50,377 --> 01:08:56,717 Did you receive a letter from PFC Santiago on 3 September of this year? 873 01:08:56,884 --> 01:08:58,969 - We did. - What did it say? 874 01:08:59,136 --> 01:09:03,849 That a member of Santiago's unit had illegally fired across the fenceline. 875 01:09:04,016 --> 01:09:06,060 Was that Marine identified in the letter? 876 01:09:06,226 --> 01:09:11,732 No. I told Colonel Jessep that I would be coming down to investigate. 877 01:09:11,899 --> 01:09:13,567 And what did you find? 878 01:09:13,734 --> 01:09:16,820 The shift reported only one sentry returned his weapon... 879 01:09:16,987 --> 01:09:18,530 ...with ammo missing. 880 01:09:18,697 --> 01:09:21,992 - Who was that? - Lance Corporal Harold Dawson. 881 01:09:22,159 --> 01:09:23,744 Your Witness. 882 01:09:26,330 --> 01:09:29,667 Mr. McGuire, have you questioned Dawson about the shooting? 883 01:09:29,917 --> 01:09:33,545 Yes, he claims to have been engaged in some manner by the enemy. 884 01:09:33,712 --> 01:09:35,964 - But you don't believe him? - It's not my place... 885 01:09:36,131 --> 01:09:41,011 Why wasn't Dawson charged with firing at the enemy without cause? 886 01:09:42,805 --> 01:09:45,683 There wasn't enough evidence to support such a charge. 887 01:09:45,849 --> 01:09:47,476 Thank you. 888 01:09:48,894 --> 01:09:55,943 Why was there not enough evidence? You had William Santiago's letter. 889 01:09:57,111 --> 01:10:02,616 Santiago was the only eyewitness. I had no chance to interview him. 890 01:10:02,783 --> 01:10:05,786 And now we'll never know, will we, Mr. McGuire? 891 01:10:06,537 --> 01:10:07,996 No. 892 01:10:09,415 --> 01:10:13,585 - No more questions. - The witness is excused. 893 01:10:16,505 --> 01:10:18,966 Corporal Carl Hammaker, Marine barracks... 894 01:10:19,133 --> 01:10:22,469 ...Rifle Security Company Windward, 2nd Platoon Bravo. 895 01:10:22,636 --> 01:10:24,972 Were you present at a meeting... 896 01:10:25,139 --> 01:10:29,435 ...held by Lieutenant Kendrick on September 6th? 897 01:10:29,601 --> 01:10:33,480 - Yes, sir. - What was the substance of it? 898 01:10:33,647 --> 01:10:36,692 Lieutenant Kendrick told us we had an informer in our group. 899 01:10:36,859 --> 01:10:42,489 That Santiago had reported to the NIS on a member of our platoon. 900 01:10:42,656 --> 01:10:44,867 Did that make you mad? 901 01:10:45,033 --> 01:10:48,328 - You can tell the truth. Did it? - Yes, sir. 902 01:10:48,495 --> 01:10:49,663 How mad? 903 01:10:49,830 --> 01:10:53,584 Santiago betrayed a code we believe in. 904 01:10:53,751 --> 01:10:56,378 - Were other men also angry? - Object. Speculation. 905 01:10:56,628 --> 01:10:58,213 Were Dawson and Downey? 906 01:10:58,464 --> 01:11:00,716 Is the counsel asking this witness to testify... 907 01:11:00,883 --> 01:11:03,510 ...as to how my clients felt on Sept. 6th? 908 01:11:03,927 --> 01:11:05,512 Sustained. 909 01:11:07,389 --> 01:11:11,351 Did Lieutenant Kendrick leave a standing order at that meeting? 910 01:11:11,518 --> 01:11:13,771 - Yes, sir. - What was it? 911 01:11:15,898 --> 01:11:19,318 It was clear he didn't want us taking matters into our own hands. 912 01:11:19,485 --> 01:11:26,200 - What was the order? - Santiago wasn't to be touched. 913 01:11:27,618 --> 01:11:30,454 Your witness. 914 01:11:30,621 --> 01:11:34,374 Were you in Dawson and Downey's room five minutes later? 915 01:11:34,541 --> 01:11:35,876 No, sir. 916 01:11:36,251 --> 01:11:40,881 - Thanks. No more questions. - The witness is excused. 917 01:11:44,843 --> 01:11:47,262 Government calls Corporal Raymond Thomas. 918 01:11:47,429 --> 01:11:52,935 Captain Ross is planning to call all the members of the platoon to testify. 919 01:11:53,101 --> 01:11:55,479 In light of the defense Kaffee is planning... 920 01:11:55,646 --> 01:11:59,316 ...the platoon leader's instructions seems relevant testimony. 921 01:11:59,483 --> 01:12:04,071 The defense concedes that all 22 will confirm Hammaker's account... 922 01:12:04,238 --> 01:12:06,490 ...if the government concedes none of them... 923 01:12:06,657 --> 01:12:10,410 ...were in Dawson and Downey's room at 1620. 924 01:12:10,577 --> 01:12:14,915 - Captain? - The government will stipulate. 925 01:12:15,082 --> 01:12:19,002 Then we will adjourn. You can call your next witness tomorrow. 926 01:12:19,169 --> 01:12:20,921 All rise. 927 01:12:32,599 --> 01:12:35,310 - Let's go over the doctor again. - It's the right approach. 928 01:12:35,561 --> 01:12:37,354 We've been over this already. 929 01:12:37,521 --> 01:12:41,233 At 3:00, Stone says he doesn't know what killed Santiago. 930 01:12:41,400 --> 01:12:46,113 Then he meets with Jessep, and at 5:00 he says it was poison? He's lying. 931 01:12:46,280 --> 01:12:47,364 That's a relief. 932 01:12:47,531 --> 01:12:50,993 I was afraid I couldn't use the "liar, liar, pants on fire" defense. 933 01:12:51,159 --> 01:12:57,416 We can't prove coercion. Let's go over what we have. 934 01:13:06,049 --> 01:13:09,636 Private Santiago was admitted to the ER at 0012... 935 01:13:09,803 --> 01:13:13,682 ...and he was pronounced dead at 0037. 936 01:13:13,849 --> 01:13:17,144 Dr. Stone, what is lactic acidosis? 937 01:13:17,311 --> 01:13:20,898 If the muscles and other cells burn sugar instead of oxygen... 938 01:13:21,064 --> 01:13:22,566 ...lactic acid is produced. 939 01:13:22,733 --> 01:13:26,153 That lactic acid is what caused Santiago's lungs to bleed. 940 01:13:26,320 --> 01:13:31,658 How long does it take before the muscles start burning sugar? 941 01:13:32,534 --> 01:13:38,123 - Twenty to 30 minutes. - What made it faster with Santiago? 942 01:13:38,290 --> 01:13:43,503 - An ingested poison of some kind. - Object. The witness is speculating. 943 01:13:43,670 --> 01:13:45,380 He is an expert medical witness. 944 01:13:45,547 --> 01:13:48,175 In this court, his opinion is not speculation. 945 01:13:48,342 --> 01:13:53,847 He is not a criminologist. The medical facts are inconclusive. 946 01:13:54,014 --> 01:13:57,684 A point I'm confident you'll illustrate on your cross-examination. 947 01:13:57,851 --> 01:14:00,854 So I'm sure you won't mind if his opinion is admitted now? 948 01:14:01,438 --> 01:14:03,523 Not at all, sir. 949 01:14:05,067 --> 01:14:11,156 - Did Willy Santiago die of poisoning? - Absolutely. 950 01:14:11,323 --> 01:14:15,327 You're aware that the lab and coroner's reports show no traces of poison? 951 01:14:15,494 --> 01:14:17,955 - Yes, I am. - Then how do you justify...? 952 01:14:18,121 --> 01:14:23,585 There are literally dozens of toxins which are virtually undetectable. 953 01:14:23,752 --> 01:14:27,464 The nature of the acidosis is the compelling factor here. 954 01:14:28,048 --> 01:14:30,175 Thank you, sir. 955 01:14:32,260 --> 01:14:36,890 Commander, is it possible for a person to have an affliction, some condition... 956 01:14:37,057 --> 01:14:39,893 ...which might also speed up acidosis? 957 01:14:42,729 --> 01:14:46,483 - Is it possible? - It's possible. 958 01:14:46,650 --> 01:14:50,112 What might some of those conditions be? 959 01:14:50,278 --> 01:14:53,407 If a person had a coronary or cerebral disorder... 960 01:14:53,573 --> 01:14:55,659 ...the process would be more rapid. 961 01:14:55,826 --> 01:14:57,911 If I had a coronary condition... 962 01:14:58,078 --> 01:15:01,665 ...and a perfectly clean rag was placed in my mouth and pushed too far... 963 01:15:01,832 --> 01:15:04,751 ...is it possible my cells would continue burning sugar... 964 01:15:04,918 --> 01:15:06,420 ...after the rag was taken out? 965 01:15:06,920 --> 01:15:09,381 It would have to be a very serious condition. 966 01:15:09,548 --> 01:15:11,675 Is it possible to have a serious condition... 967 01:15:11,842 --> 01:15:13,802 ...where initial symptoms were so mild... 968 01:15:13,969 --> 01:15:18,223 ...as to escape a physician during a routine medical exam? 969 01:15:18,390 --> 01:15:21,101 Possibly. There would still be symptoms. 970 01:15:21,268 --> 01:15:22,602 What kind of symptoms? 971 01:15:23,020 --> 01:15:25,230 - There are hundreds of... - Chest pains? 972 01:15:25,397 --> 01:15:28,608 - Yes. Yes. - Shortness of breath? Fatigue? 973 01:15:29,067 --> 01:15:30,444 Of course. 974 01:15:36,241 --> 01:15:40,746 - Doctor, is this your signature? - Yes, it is. 975 01:15:41,288 --> 01:15:45,125 This is an order for Private Santiago to be put on restricted duty. 976 01:15:45,292 --> 01:15:49,129 Would you read your handwritten remarks at the bottom of the page? 977 01:15:49,296 --> 01:15:55,635 "Patient complains of chest pains, shortness of breath, and fatigue. 978 01:15:55,802 --> 01:16:00,140 Restricted from running distances over five miles for one week." 979 01:16:02,309 --> 01:16:05,645 Isn't it possible Santiago had a serious coronary condition... 980 01:16:05,812 --> 01:16:08,315 ...and it was that condition, not poison... 981 01:16:08,482 --> 01:16:10,817 ...that caused the rapid chemical reaction? 982 01:16:10,984 --> 01:16:14,154 - No. - It's not possible? 983 01:16:14,654 --> 01:16:19,159 No. I personally give each man a thorough physical examination. 984 01:16:19,326 --> 01:16:22,329 Private Santiago was given a clean bill of health. 985 01:16:22,496 --> 01:16:24,831 That's why it had to be poison, right? 986 01:16:24,998 --> 01:16:27,793 Because if you gave a man with a serious condition... 987 01:16:27,959 --> 01:16:31,671 ...a clean bill of health and he died from a heart-related incident... 988 01:16:31,838 --> 01:16:33,757 ...you'd have a lot to answer for. 989 01:16:33,924 --> 01:16:36,802 - Object! Move to strike! - Sustained. 990 01:16:38,053 --> 01:16:41,181 I have no more questions, Your Honor. 991 01:16:41,348 --> 01:16:44,684 You've held a license to practice medicine for 17 years. 992 01:16:44,851 --> 01:16:48,480 You're certified in internal medicine, you're chief of internal medicine... 993 01:16:48,647 --> 01:16:52,692 ...at a hospital which has served 5426 people. 994 01:16:52,859 --> 01:16:57,656 In your professional opinion, was Willy Santiago poisoned? 995 01:16:57,823 --> 01:17:02,577 We ask that the doctor's testimony be stricken from the record. 996 01:17:02,744 --> 01:17:08,375 - The court should disregard it. - The objection's overruled. 997 01:17:08,542 --> 01:17:13,421 We strenuously object, and requests an 802 conference... 998 01:17:13,588 --> 01:17:16,800 ...so His Honor can hear discussion before ruling on this objection. 999 01:17:16,967 --> 01:17:21,638 - The objection has been overruled. - Move to reconsider. 1000 01:17:21,805 --> 01:17:27,060 Noted. The witness is an expert, and the court will hear his opinion! 1001 01:17:31,481 --> 01:17:39,030 In your expert professional opinion, was Willy Santiago poisoned? 1002 01:17:39,990 --> 01:17:44,870 - Yes. - Thank you, sir. No more questions. 1003 01:17:45,120 --> 01:17:47,372 You may step down. 1004 01:17:51,084 --> 01:17:57,382 While we reserve the right to call rebuttal witnesses, government rests. 1005 01:17:57,549 --> 01:18:00,051 We'll recess until Monday the 19th... 1006 01:18:00,218 --> 01:18:04,598 ...when the defense will call its first witness. 1007 01:18:05,140 --> 01:18:07,267 All rise. 1008 01:18:15,817 --> 01:18:21,072 "I strenuously object"? Is that how it works? 1009 01:18:21,239 --> 01:18:25,285 "Objection." "Overruled!" "No, I strenuously object!" 1010 01:18:25,452 --> 01:18:29,456 - "Oh, then I'll reconsider!" - I got it on the record. 1011 01:18:29,623 --> 01:18:32,083 You got the court thinking we're afraid of the doctor. 1012 01:18:32,250 --> 01:18:34,794 You object once, so we can say he's not a criminologist. 1013 01:18:35,003 --> 01:18:38,298 You keep after it, our cross looks like a bunch of fancy lawyer tricks. 1014 01:18:38,548 --> 01:18:41,718 It's the difference between paper law and trial law! 1015 01:18:41,968 --> 01:18:45,388 - The judge called him an expert! - Sam, she made a mistake. 1016 01:18:45,555 --> 01:18:47,224 Let's not relive it. 1017 01:18:48,975 --> 01:18:53,438 I'm gonna go call my wife. I'll see you tonight. 1018 01:18:54,814 --> 01:18:59,402 - Why do you hate them so much? - They beat up on a weakling. 1019 01:18:59,569 --> 01:19:02,656 The rest is this just smoke-filled-coffeehouse crap. 1020 01:19:02,822 --> 01:19:05,909 They tortured and tormented a weaker kid! 1021 01:19:06,076 --> 01:19:08,745 They didn't like him, so they killed him. Why? 1022 01:19:08,912 --> 01:19:10,956 Because he couldn't run very fast! 1023 01:19:11,122 --> 01:19:16,670 - Everybody take the night off. - I'm sorry... 1024 01:19:16,836 --> 01:19:23,009 We've been working 20 hours a day. Go see your wife and daughter. 1025 01:19:23,176 --> 01:19:30,183 Jo, go do... Whatever it is you do when you're not here. 1026 01:19:30,433 --> 01:19:32,769 - What day is tomorrow? - Saturday. 1027 01:19:32,936 --> 01:19:34,938 We'll start at 10. 1028 01:19:38,942 --> 01:19:42,028 Why do you like them so much? 1029 01:19:45,490 --> 01:19:49,619 Because they stand on a wall and say, "Nothing's gonna hurt you tonight. 1030 01:19:49,786 --> 01:19:51,663 Not on my watch." 1031 01:19:56,751 --> 01:20:01,172 Don't worry about the doctor. This trial starts Monday. 1032 01:20:28,783 --> 01:20:32,078 I'm sorry to bother you. I should have called first. 1033 01:20:32,245 --> 01:20:37,625 No, I was just watching the ball game. Come on in. 1034 01:20:51,348 --> 01:20:56,895 I was wondering how you'd feel if I took you to dinner tonight? 1035 01:20:57,062 --> 01:20:59,939 - Are you asking me out on a date? - No. 1036 01:21:00,106 --> 01:21:02,067 - It sounded like you were. - I wasn't. 1037 01:21:02,233 --> 01:21:05,111 I've been asked out before, and that's what it sounded like. 1038 01:21:06,237 --> 01:21:09,282 Do you like seafood? I know a good seafood place. 1039 01:21:09,449 --> 01:21:10,950 Okay. 1040 01:21:17,457 --> 01:21:20,627 My third case was a "drunk and disorderly". It lasted nine weeks. 1041 01:21:20,794 --> 01:21:23,463 I rounded up 31 people from the bar that night. 1042 01:21:23,630 --> 01:21:26,966 Nine weeks on a D and D? What was the prosecutor offering? 1043 01:21:27,133 --> 01:21:29,594 Fifteen days. 1044 01:21:31,429 --> 01:21:33,431 You sure hustled the shit out of him. 1045 01:21:33,598 --> 01:21:35,725 After that, I got shifted to Internal Affairs. 1046 01:21:35,892 --> 01:21:36,893 Tough to blame them. 1047 01:21:37,060 --> 01:21:41,731 Where I have earned two medals and two letters of commendation. 1048 01:21:42,148 --> 01:21:44,818 Why are you always giving me your résumé? 1049 01:21:48,822 --> 01:21:52,742 - I want you to think I'm a good lawyer. - I do. 1050 01:21:52,992 --> 01:21:54,994 No, you don't. 1051 01:21:58,540 --> 01:22:06,131 I think you're an exceptional lawyer. The court members respond to you. 1052 01:22:06,297 --> 01:22:11,511 I see you convince them. Dawson and Downey will owe you their lives. 1053 01:22:15,223 --> 01:22:17,892 Jo, I think... 1054 01:22:18,810 --> 01:22:22,480 I think you should prepare yourself for the fact we're gonna lose. 1055 01:22:22,689 --> 01:22:26,025 Ross's opening statement was all true. 1056 01:22:26,192 --> 01:22:28,695 Let's pretend it would matter to the court... 1057 01:22:28,862 --> 01:22:30,947 ...that the guys were given an order. 1058 01:22:31,114 --> 01:22:33,616 I can't prove it ever happened. 1059 01:22:33,783 --> 01:22:36,286 We'll keep doing what we're doing and put on a show... 1060 01:22:36,453 --> 01:22:41,666 ...but all we have is the testimony of two people accused of murder. 1061 01:22:42,917 --> 01:22:49,466 - We'll find Markinson. - Jo, we're gonna lose, and lose huge. 1062 01:22:52,802 --> 01:22:57,891 Corporal Barnes, Windward Barracks, Guantanamo Bay, Cuba. 1063 01:22:58,057 --> 01:23:02,353 Name some reasons why a Marine would receive a Code Red. 1064 01:23:02,520 --> 01:23:05,690 Being late for platoon or company meetings... 1065 01:23:05,857 --> 01:23:09,819 ...keeping barracks in disorder, falling back on a run... 1066 01:23:09,986 --> 01:23:12,363 - Have you ever received a Code Red? - Yes, sir. 1067 01:23:12,530 --> 01:23:15,992 I dropped my weapon in a drill. 1068 01:23:16,159 --> 01:23:23,082 It was over 100 degrees. My palms were sweaty and I hadn't used resin. 1069 01:23:23,249 --> 01:23:28,004 - What happened? - The guys threw a blanket over me. 1070 01:23:28,171 --> 01:23:33,468 They punched me on the arms and poured glue on my hands. 1071 01:23:33,635 --> 01:23:38,598 And it worked. I ain't never dropped my weapon since. 1072 01:23:38,848 --> 01:23:42,519 - Was Private Santiago ever late? - Yes, sir. 1073 01:23:42,685 --> 01:23:45,396 - Was his barracks ever in disorder? - Yes, sir. 1074 01:23:45,563 --> 01:23:47,982 - Did he ever fall back on a run? - All the time. 1075 01:23:48,149 --> 01:23:53,279 Did he ever, prior to September 6th, receive a Code Red? 1076 01:23:53,446 --> 01:23:54,739 No, sir. 1077 01:23:54,948 --> 01:23:56,866 - Never? - No, sir. 1078 01:23:58,493 --> 01:24:00,954 You got a Code Red because your palms were sweaty. 1079 01:24:01,120 --> 01:24:04,791 Why didn't Santiago, this burden to his unit, ever get one? 1080 01:24:06,626 --> 01:24:11,714 - Dawson wouldn't allow it, sir. - Dawson wouldn't allow it. 1081 01:24:11,881 --> 01:24:17,470 The guys talked tough about Santiago, but they were too afraid of Dawson. 1082 01:24:17,637 --> 01:24:19,973 Object. Witness is speculating. 1083 01:24:20,139 --> 01:24:23,309 Did you want to give Santiago a Code Red? 1084 01:24:23,476 --> 01:24:24,561 Yes, sir. 1085 01:24:24,727 --> 01:24:28,648 - Why didn't you? - Because Dawson would kick my butt. 1086 01:24:28,815 --> 01:24:34,112 Good enough. Captain Ross is gonna will ask you some questions. 1087 01:24:34,279 --> 01:24:36,864 Corporal Barnes... 1088 01:24:37,031 --> 01:24:41,327 ...I hold here the Marine Recruit Outline. Are you familiar with it? 1089 01:24:41,494 --> 01:24:43,496 - Have you read it? Good. - Yes, sir. 1090 01:24:43,663 --> 01:24:47,834 Turn to the chapter that deals with Code Reds, please. 1091 01:24:48,626 --> 01:24:53,006 - Sir? - Just flip to the page with Code Reds. 1092 01:24:55,091 --> 01:25:00,513 Well, "Code Red" is a term that we use down at Gitmo. I don't know if it's... 1093 01:25:00,680 --> 01:25:02,932 Oh, we're in luck, then. 1094 01:25:06,102 --> 01:25:08,771 "Standard Operating Procedure, Rifle Security Company... 1095 01:25:08,938 --> 01:25:10,607 ...Guanténamo Bay, Cuba." 1096 01:25:10,773 --> 01:25:14,485 I assume we'll find "Code Red" in there? 1097 01:25:14,652 --> 01:25:16,446 - No, sir. - No? 1098 01:25:16,613 --> 01:25:22,619 I'm a Marine. ls there no book, no set of orders or regulations... 1099 01:25:22,785 --> 01:25:27,123 ...telling me that one of my duties is to perform Code Reds? 1100 01:25:27,957 --> 01:25:30,627 No, sir. No book, sir. 1101 01:25:30,793 --> 01:25:33,463 No further questions. 1102 01:25:34,881 --> 01:25:39,719 Would you turn to the page that says where the mess hall is, please? 1103 01:25:39,886 --> 01:25:42,889 Lieutenant Kaffee, that's not in the book, sir. 1104 01:25:44,557 --> 01:25:50,605 - You mean you've never had a meal? - No, sir. Three squares a day, sir. 1105 01:25:51,397 --> 01:25:56,152 I don't understand. How did you find the mess hall if it's not in this book? 1106 01:25:58,780 --> 01:26:05,078 - I guess I just followed the crowd. - No more questions. 1107 01:26:05,244 --> 01:26:08,831 - Corporal Barnes, you may step down. - Thank you, sir. 1108 01:26:14,504 --> 01:26:17,131 Seven tonight, we'll do a final Kendrick review. 1109 01:26:17,298 --> 01:26:19,884 I wanna slam-dunk this guy. 1110 01:26:31,437 --> 01:26:35,733 - Hey, Luther. - Admiral! How's the big case going? 1111 01:26:35,900 --> 01:26:38,486 - Nose to the grindstone. - No flies on you. 1112 01:26:38,736 --> 01:26:40,571 Rolling stone gathers no moss. 1113 01:26:40,822 --> 01:26:43,491 Well, it ain't over till the fat lady sings. 1114 01:26:43,658 --> 01:26:45,618 You can say that again. 1115 01:26:46,202 --> 01:26:49,956 - It ain't over till the fat lady sings. - Till the fat lady sings. 1116 01:26:50,123 --> 01:26:52,291 I walked into that one. 1117 01:27:03,886 --> 01:27:09,308 - Jesus Christ! - You left the door unlocked. 1118 01:27:09,475 --> 01:27:12,270 - You scared the shit out of me. - Just keep driving. 1119 01:27:12,520 --> 01:27:14,313 Are you aware you're under subpoena? 1120 01:27:14,480 --> 01:27:18,192 Yes. I'm also aware the lives of two Marines are in your hands. 1121 01:27:18,359 --> 01:27:20,486 If I could do something about that, I would. 1122 01:27:20,653 --> 01:27:22,780 Since I can't, all I can do is help you. 1123 01:27:22,947 --> 01:27:25,241 - What do you know? - I know everything. 1124 01:27:25,450 --> 01:27:27,744 - Was it a Code Red? - Yes. 1125 01:27:27,994 --> 01:27:29,996 - Did Kendrick give the order? - Yes. 1126 01:27:30,163 --> 01:27:32,081 Did you witness it? Did you witness it? 1127 01:27:32,248 --> 01:27:33,666 - No. - Then how do you know? 1128 01:27:33,833 --> 01:27:35,501 - I know. - Yeah, you know shit. 1129 01:27:35,668 --> 01:27:37,962 He was never gonna be transferred off that base. 1130 01:27:43,926 --> 01:27:47,180 Jessep was gonna keep him on the base, said he wanted him "trained." 1131 01:27:47,346 --> 01:27:49,849 - You signed the transfer order. - Yeah, I know. 1132 01:27:50,016 --> 01:27:55,396 I signed them when you got to Cuba, five days after Santiago's death. 1133 01:27:57,648 --> 01:28:04,572 I'll get you immunity. In about four days you can tell the court what you told me. 1134 01:28:04,739 --> 01:28:08,951 Right now I'll check you into a motel. We're gonna start from the beginning. 1135 01:28:09,118 --> 01:28:12,872 I don't want a deal, and I don't want immunity. 1136 01:28:13,039 --> 01:28:19,295 I'm not proud of what I have done, nor of what I am doing. 1137 01:28:20,588 --> 01:28:22,465 - Where is he? - The Downtown Lodge. 1138 01:28:22,632 --> 01:28:24,717 - I want him guarded. - That's a good idea. 1139 01:28:24,884 --> 01:28:27,386 - My clearance code is 4115273. - Clearance code? 1140 01:28:28,221 --> 01:28:29,889 I don't have a clearance code. You? 1141 01:28:30,056 --> 01:28:32,141 It's Galloway. I need to secure a witness. 1142 01:28:32,308 --> 01:28:35,478 He also said Jessep's lying about transportation off the base. 1143 01:28:35,645 --> 01:28:38,481 Jessep said that 6 the next morning was the first flight. 1144 01:28:38,648 --> 01:28:41,901 Markinson says there was one that left seven hours earlier. 1145 01:28:42,068 --> 01:28:45,029 - That was impressive. You hear that? - Yeah. 1146 01:28:45,196 --> 01:28:47,740 Sam, isn't there a record of flights? 1147 01:28:47,907 --> 01:28:50,576 You need the tower chief's log from Gitmo. 1148 01:28:50,743 --> 01:28:52,370 - Get it. - We're gonna win. 1149 01:28:52,537 --> 01:28:55,998 Jo, don't get crazy. We don't know Markinson, or the log book. 1150 01:28:56,165 --> 01:28:59,335 You concentrate on Downey, I'll talk to Ross. 1151 01:29:04,382 --> 01:29:09,637 Hey, Danny. Nice work today. The redirect on Barnes. 1152 01:29:09,804 --> 01:29:14,058 - I have Markinson. - Where is he? 1153 01:29:14,225 --> 01:29:18,437 Motel room in Northeast, six marshals outside the door. Take a sip. 1154 01:29:18,604 --> 01:29:20,898 The transfer Markinson signed is phony. 1155 01:29:21,065 --> 01:29:24,485 And Jessep lied about the first flight. We're getting the log. 1156 01:29:24,652 --> 01:29:26,112 - Can I get you something? - Been 1157 01:29:26,696 --> 01:29:29,574 In the meantime, I'm gonna put Kendrick on the stand... 1158 01:29:29,740 --> 01:29:31,576 ...and have some fun. 1159 01:29:31,742 --> 01:29:36,664 If you accuse Kendrick or Jessep of any crime without evidence... 1160 01:29:36,831 --> 01:29:39,458 ...you'll be court-martialled for misconduct... 1161 01:29:39,625 --> 01:29:44,046 ...and that's gonna be stapled to every job application you ever fill out. 1162 01:29:45,840 --> 01:29:49,635 Markinson won't hold up, he's a crazy man. 1163 01:29:49,802 --> 01:29:52,972 I'm not saying this to intimidate you, I'm being your lawyer here. 1164 01:29:53,139 --> 01:29:56,976 Thanks. And I wanna tell you I think the whole fucking bunch of you are insane. 1165 01:29:57,143 --> 01:29:59,562 This code of honor makes me wanna beat someone! 1166 01:29:59,729 --> 01:30:03,482 Don't you dare lump me in with Kendrick and Jessep. 1167 01:30:03,649 --> 01:30:08,613 I'm your friend. Your clients don't belong in jail, but it's not my decision. 1168 01:30:08,779 --> 01:30:13,159 I represent the U.S. government without passion or prejudice... 1169 01:30:13,326 --> 01:30:16,245 - ...and my client has a case. - Here you go. 1170 01:30:20,291 --> 01:30:23,544 I want you to acknowledge that the judge advocate has made you aware... 1171 01:30:23,711 --> 01:30:28,257 ...of the consequences of accusing a Marine officer without evidence. 1172 01:30:29,091 --> 01:30:30,968 I've been so advised. 1173 01:30:35,222 --> 01:30:42,104 You got bullied into that courtroom. By everyone. By Dawson. By Galloway. 1174 01:30:42,271 --> 01:30:44,523 Shit, I practically dared you. 1175 01:30:45,942 --> 01:30:51,280 You got bullied into that courtroom by the memory of a dead lawyer. 1176 01:30:55,451 --> 01:31:00,456 You're a lousy fucking softball player, Jack! 1177 01:31:01,958 --> 01:31:07,505 Your boys are going down, Danny. I can't stop it anymore. 1178 01:31:11,467 --> 01:31:16,847 - Was Santiago a good Marine? - I'd say he was average. 1179 01:31:17,014 --> 01:31:23,938 Your proficiency and conduct reports all indicate he was below average. 1180 01:31:27,525 --> 01:31:31,278 Yes, he was below average. 1181 01:31:31,445 --> 01:31:34,240 I did not see the need to trample on his grave. 1182 01:31:35,408 --> 01:31:37,410 We appreciate it, but you're under oath. 1183 01:31:37,576 --> 01:31:40,162 I think we'd all like to hear the truth. 1184 01:31:40,329 --> 01:31:42,081 I'm aware of my oath. 1185 01:31:42,248 --> 01:31:45,001 These are the last three pro-con reports you signed... 1186 01:31:45,167 --> 01:31:47,294 ...for Lance Corporal Dawson. 1187 01:31:47,461 --> 01:31:53,551 He rated exceptional twice, but on June 9th he's below average. 1188 01:31:53,718 --> 01:31:57,596 - I'd like to discuss that. - That would be fine. 1189 01:31:57,763 --> 01:32:01,350 Dawson's ranking after the School of Infantry was perfect. 1190 01:32:01,517 --> 01:32:06,731 But unlike most of his class, he hasn't been promoted. 1191 01:32:06,897 --> 01:32:11,777 - Was this report the reason? - I'm sure it was. 1192 01:32:11,944 --> 01:32:16,240 - Do you recall why he got this grade? - I'm sure I don't. 1193 01:32:16,407 --> 01:32:20,119 I have many men in my charge. I write many reports. 1194 01:32:20,286 --> 01:32:25,958 Do you recall an incident involving a PFC Curtis Bell... 1195 01:32:26,125 --> 01:32:28,753 ...stealing liquor from the officers' club? 1196 01:32:29,045 --> 01:32:30,755 Yes, I do. 1197 01:32:30,921 --> 01:32:35,051 Did you report Private Bell to the proper authorities? 1198 01:32:35,217 --> 01:32:37,261 I have two books at my bedside: 1199 01:32:37,428 --> 01:32:40,222 the Marine Code and the King James Bible. 1200 01:32:40,389 --> 01:32:45,853 The only proper authorities I'm aware of are Colonel Jessep and God. 1201 01:32:47,396 --> 01:32:52,735 Then you don't recognize this court as a proper authority? 1202 01:32:52,902 --> 01:32:57,782 - Objection. Argumentative. - Sustained. Watch yourself. 1203 01:32:57,948 --> 01:33:03,746 - Did you report Private Bell? - I thought very highly of him. 1204 01:33:03,913 --> 01:33:06,665 I didn't want his record tarnished by a charge. 1205 01:33:07,750 --> 01:33:10,669 You preferred it be handled in the unit? 1206 01:33:12,463 --> 01:33:14,340 Yes, I most certainly did. 1207 01:33:15,382 --> 01:33:18,803 - Do you know what a Code Red is? - Yes, I do. 1208 01:33:18,969 --> 01:33:22,098 - Have you ever ordered one? - No, I have not. 1209 01:33:22,264 --> 01:33:28,521 Did you order that Private Bell receive no food or drink except water... 1210 01:33:28,687 --> 01:33:30,773 ...for a period of seven days? 1211 01:33:30,940 --> 01:33:35,528 You're distorting the truth. He was on barracks restriction. 1212 01:33:35,694 --> 01:33:42,660 He was given water and vitamins. His health was never in danger. 1213 01:33:42,868 --> 01:33:48,207 I'm sure it was lovely for him. But you did order the restriction. 1214 01:33:48,374 --> 01:33:52,461 - You denied him food? - Yes, I did. 1215 01:33:52,628 --> 01:33:59,051 - Wouldn't this be called a Code Red? - No. 1216 01:33:59,218 --> 01:34:02,847 Would the other 478 Marines at Guanténamo... 1217 01:34:03,013 --> 01:34:04,557 ...consider it a Code Red? 1218 01:34:04,723 --> 01:34:09,186 The witness can't testify as to what 478 other men would say. 1219 01:34:09,353 --> 01:34:15,568 These questions are argumentative, and irrelevant badgering of the witness. 1220 01:34:15,734 --> 01:34:19,405 Sustained. And I would remind you... 1221 01:34:19,572 --> 01:34:23,576 ...that you're questioning an officer with an impeccable service record. 1222 01:34:23,742 --> 01:34:25,327 Thank you, Your Honor. 1223 01:34:26,203 --> 01:34:32,918 Was Dawson rated below average for sneaking food to Private Bell? 1224 01:34:33,085 --> 01:34:36,422 - Object! - Not so fast. Lieutenant? 1225 01:34:38,090 --> 01:34:45,222 Dawson was given a below average rating for committing a crime. 1226 01:34:45,389 --> 01:34:49,560 Crime? What crime did he commit? 1227 01:34:50,352 --> 01:34:56,525 Lieutenant Kendrick, Dawson brought a hungry guy some food. 1228 01:34:56,692 --> 01:35:01,780 - What crime did he commit? - He disobeyed an order. 1229 01:35:01,947 --> 01:35:07,494 And because he made a decision about the welfare of a Marine... 1230 01:35:07,661 --> 01:35:11,123 ...that conflicted with your order, he was punished, right? 1231 01:35:11,290 --> 01:35:14,752 Lance Corporal Dawson disobeyed an order! 1232 01:35:14,919 --> 01:35:19,673 It wasn't a real order, was it? After all, it's peacetime. 1233 01:35:19,840 --> 01:35:22,968 He wasn't asked to advance on a beachhead. 1234 01:35:23,135 --> 01:35:27,473 Surely a Marine of Dawson's intelligence... 1235 01:35:27,640 --> 01:35:30,476 ...can be trusted to distinguish important orders... 1236 01:35:30,643 --> 01:35:34,605 ...from those that might be morally questionable? 1237 01:35:35,981 --> 01:35:39,777 Lieutenant Kendrick? Can he? 1238 01:35:39,944 --> 01:35:43,405 Can Dawson determine on his own which orders to follow? 1239 01:35:43,572 --> 01:35:45,157 No, he cannot. 1240 01:35:45,324 --> 01:35:47,952 A lesson he learned after the Bell incident. 1241 01:35:48,118 --> 01:35:50,454 - I would think so. - You know so, don't you? 1242 01:35:50,663 --> 01:35:52,665 - Object! - Sustained. 1243 01:35:55,167 --> 01:35:57,878 Lieutenant Kendrick, one final question. 1244 01:35:58,879 --> 01:36:02,258 If you had ordered Dawson to give Santiago a Code Red... 1245 01:36:02,424 --> 01:36:06,512 - I ordered them not to touch him! - ...would he dare disobey you again? 1246 01:36:06,679 --> 01:36:10,683 - Lieutenant, don't answer that! - You don't have to. I'm through. 1247 01:36:11,141 --> 01:36:18,857 Did you order Dawson and Downey to give Willy Santiago a Code Red? 1248 01:36:20,276 --> 01:36:24,613 - Lieutenant Kendrick, did you...? - No, I did not. 1249 01:36:28,534 --> 01:36:31,412 - What's the word? - Well... 1250 01:36:31,578 --> 01:36:35,040 ...I got the tower chief's log. Jessep's telling the truth. 1251 01:36:35,207 --> 01:36:38,377 - Six a.m. flight was the first plane. - Let me see this. 1252 01:36:49,513 --> 01:36:54,143 - Working late tonight, lieutenant? - Oh, yeah. 1253 01:36:56,979 --> 01:37:00,607 There was no flight at 11:00! What the fuck are you trying to pull?! 1254 01:37:00,774 --> 01:37:07,781 The first flight left at 2300. It arrived at Andrews at 2 a.m. 1255 01:37:07,948 --> 01:37:11,076 Really? Then why isn't it listed in the tower chief's log? 1256 01:37:13,078 --> 01:37:18,917 - Jessep. - What? He fixed the logbook? 1257 01:37:19,084 --> 01:37:22,671 Maybe he can make it so it didn't take off, but I can prove it landed. 1258 01:37:22,838 --> 01:37:25,299 I'll get the logbook from Andrews. 1259 01:37:25,466 --> 01:37:30,262 - You won't find anything. - He can make a flight disappear? 1260 01:37:30,888 --> 01:37:32,806 Nathan Jessep is about to be appointed... 1261 01:37:32,973 --> 01:37:34,933 ...to the National Security Council. 1262 01:37:35,100 --> 01:37:38,896 You don't get there without knowing how to sidestep a few landmines. 1263 01:37:39,063 --> 01:37:41,482 He won't be able to sidestep you. 1264 01:37:42,024 --> 01:37:44,276 You still intend to put me on the stand? 1265 01:37:44,443 --> 01:37:47,279 Thursday morning. Ten o'clock. 1266 01:37:51,867 --> 01:37:55,621 There's gotta be someone who can testify to the flight. 1267 01:37:55,788 --> 01:38:01,919 This isn't TWA. You know how many planes take off and land every day? 1268 01:38:02,086 --> 01:38:04,922 The ground crew isn't gonna remember it. 1269 01:38:05,089 --> 01:38:06,256 Well, how do you know... 1270 01:38:06,507 --> 01:38:08,675 Forget the flight. Forget the flight. 1271 01:38:08,926 --> 01:38:13,680 Markinson will testify that the transfer was forged. 1272 01:38:13,847 --> 01:38:17,601 That and Downey's testimony really ought to be enough. 1273 01:38:23,357 --> 01:38:27,319 Why did you go into Santiago's room on the night of the 6th? 1274 01:38:27,486 --> 01:38:32,658 - To give him a Code Red. - And why did you do that? 1275 01:38:33,242 --> 01:38:37,830 I was ordered to by the platoon commander... 1276 01:38:37,996 --> 01:38:40,457 ...Lieutenant Jonathan James Kendrick. 1277 01:38:41,625 --> 01:38:43,669 You're gonna do fine. 1278 01:38:45,838 --> 01:38:51,510 - Think we can rejoin the platoon soon? - Absolutely. 1279 01:38:54,805 --> 01:39:00,227 Remember the order of the questions? Are you sure? And use small words. 1280 01:39:00,394 --> 01:39:02,187 - Just go slow. - I'm gonna go slow. 1281 01:39:02,438 --> 01:39:06,150 Okay. And get him off as fast as you can. 1282 01:39:06,400 --> 01:39:08,777 What? It's gonna be fine. 1283 01:39:11,572 --> 01:39:17,369 Dear Mr. and Mrs. Santiago, I was William's executive officer. 1284 01:39:17,536 --> 01:39:20,873 I knew your son vaguely, which is to say I knew his name. 1285 01:39:21,874 --> 01:39:26,795 Soon, the trial of the two men charged with his death will be concluded... 1286 01:39:26,962 --> 01:39:33,343 ...and the jury will try to offer you an explanation as to why he's dead. 1287 01:39:33,510 --> 01:39:37,347 For my part, I've done as much as I can to bring the truth to light. 1288 01:39:37,514 --> 01:39:39,224 And the truth is this: 1289 01:39:39,391 --> 01:39:41,894 Your son is dead for only one reason... 1290 01:39:42,269 --> 01:39:44,897 ...I wasn't strong enough to stop it. 1291 01:39:45,063 --> 01:39:49,026 Always, Lieutenant Colonel Matthew Andrew Markinson... 1292 01:39:49,193 --> 01:39:50,903 ...United States Marine Corps. 1293 01:39:56,200 --> 01:39:59,828 Private, I want you to tell us one last time: 1294 01:39:59,995 --> 01:40:05,918 Why did you go to Santiago's room on the night of September 6th? 1295 01:40:06,084 --> 01:40:10,380 A Code Red was ordered by Platoon Commander Kendrick. 1296 01:40:10,547 --> 01:40:14,426 Thank you. Your witness. 1297 01:40:18,931 --> 01:40:22,017 The week of 2 September, the switch log... 1298 01:40:22,184 --> 01:40:25,938 ...has you down at Post 39 until 1600. Right? 1299 01:40:26,104 --> 01:40:32,611 - They keep that log pretty good. - How far is Post 39 from barracks? 1300 01:40:32,778 --> 01:40:38,992 - It's a ways, sir. It's a hike. - About how far by jeep? 1301 01:40:40,577 --> 01:40:42,538 About 10, 15 minutes, sir. 1302 01:40:42,704 --> 01:40:46,625 - You ever had to walk it? - Yes, sir, that day. Friday. 1303 01:40:46,792 --> 01:40:51,713 The pickup private... That's what we call the guy that drops us off. 1304 01:40:51,880 --> 01:40:55,842 Also because he can get the girls in New York City. 1305 01:40:56,009 --> 01:41:03,058 ...He got a flat tire at Post 39, so we had to jog back to barracks. 1306 01:41:03,225 --> 01:41:09,940 And if it's 10 or 15 minutes by jeep, it must be an hour by foot, right? 1307 01:41:10,107 --> 01:41:16,029 - We did it in 45 flat, sir. - Not bad. 1308 01:41:16,196 --> 01:41:22,619 You've said your assault on Santiago was ordered by Lieutenant Kendrick... 1309 01:41:22,786 --> 01:41:27,624 ...in your barracks room at 1620, am I right? 1310 01:41:27,791 --> 01:41:28,959 Yes, sir. 1311 01:41:29,126 --> 01:41:34,172 You said you weren't back before 1645. 1312 01:41:34,339 --> 01:41:35,591 Sir? 1313 01:41:35,757 --> 01:41:39,511 If you weren't back till 1645... 1314 01:41:39,678 --> 01:41:42,014 ...how could you be in your room at 1620? 1315 01:41:42,764 --> 01:41:45,851 Well, you see, sir, there was a blow-out... 1316 01:41:46,018 --> 01:41:47,853 Did you ever actually hear... 1317 01:41:48,020 --> 01:41:49,855 ...Lieutenant Kendrick order a Code Red? 1318 01:41:50,022 --> 01:41:52,190 Well, Hal said that... 1319 01:41:52,357 --> 01:41:54,276 Did you ever actually hear... 1320 01:41:54,443 --> 01:41:57,029 ...Lieutenant Kendrick order a Code Red? 1321 01:41:58,071 --> 01:42:02,159 - No, sir. - I'd like to request a recess. 1322 01:42:02,326 --> 01:42:06,371 - The witness has rights! - He has been read his rights. 1323 01:42:06,538 --> 01:42:07,956 The question will be repeated. 1324 01:42:08,206 --> 01:42:13,462 Why did you go to Santiago's room? Did Dawson tell you to? 1325 01:42:13,629 --> 01:42:17,215 - Don't look at him! - Answer the captain's question. 1326 01:42:20,552 --> 01:42:25,724 Yes. I was given an order by Lance Corporal Dawson... 1327 01:42:25,891 --> 01:42:27,643 ...and I followed it. 1328 01:42:49,247 --> 01:42:52,125 Where do you think he is? 1329 01:42:52,918 --> 01:42:56,129 As far as Downey was concerned, it was an order from Kendrick. 1330 01:42:56,296 --> 01:42:59,633 It doesn't matter that he didn't hear firsthand. 1331 01:43:05,138 --> 01:43:09,893 - Danny, I'm sorry. - Don't worry about it. 1332 01:43:10,060 --> 01:43:13,230 All we need to do is call some witnesses... 1333 01:43:13,397 --> 01:43:15,190 ...to talk about implied orders... 1334 01:43:15,357 --> 01:43:18,110 ...or call Downey back before we get to Dawson. 1335 01:43:18,777 --> 01:43:23,615 Maybe we could get Dawson charged with the Kennedy assassination? 1336 01:43:26,785 --> 01:43:33,291 - Are you drunk? - Pretty much. Yeah. 1337 01:43:34,167 --> 01:43:37,629 I'll put on a pot of coffee. We've got a long night's work ahead. 1338 01:43:38,797 --> 01:43:44,261 She's gonna make coffee? That's nice. 1339 01:43:48,181 --> 01:43:54,396 Downey wasn't in his room. He wasn't even there. 1340 01:43:54,563 --> 01:43:59,359 That was important information, don't you think? 1341 01:44:00,110 --> 01:44:04,698 Danny, it was a setback. And I'm sorry. 1342 01:44:04,865 --> 01:44:08,952 But we fix it and move on to Markinson. 1343 01:44:09,119 --> 01:44:10,620 Markinson's dead. 1344 01:44:16,543 --> 01:44:20,881 You really got to hand it to those federal marshals, boy. 1345 01:44:21,047 --> 01:44:23,425 He didn't hang himself by his shoelaces... 1346 01:44:23,592 --> 01:44:27,179 ...or slash his wrists with a butterknife. 1347 01:44:29,389 --> 01:44:36,146 This guy got into full dress uniform, drew a nickel-plated pistol... 1348 01:44:36,313 --> 01:44:38,815 ...and fired a bullet into his mouth. 1349 01:44:42,694 --> 01:44:47,324 Anyway, since we're out of witnesses, I thought I'd drink a little. 1350 01:44:47,491 --> 01:44:52,537 - I still think we can win. - Maybe you should drink a little. 1351 01:44:52,788 --> 01:44:57,626 In the morning, we'll ask Randolph for a continuance, 24 hours. 1352 01:44:57,793 --> 01:45:00,962 - Why would we do that? - To subpoena Colonel Jessep. 1353 01:45:02,047 --> 01:45:03,757 - What? - Listen for a second. 1354 01:45:03,924 --> 01:45:06,676 No! I won't listen. 1355 01:45:06,843 --> 01:45:09,429 Your passion is compelling, but useless. 1356 01:45:09,596 --> 01:45:13,517 Louden Downey needed a trial lawyer today. 1357 01:45:15,811 --> 01:45:20,106 You chickenshit. You just want an excuse to give up. 1358 01:45:21,274 --> 01:45:23,151 It's over. 1359 01:45:23,318 --> 01:45:25,654 Why did you ask Jessep for the transfer order? 1360 01:45:25,821 --> 01:45:28,448 - In Cuba, why did you ask him? - What does it matter? 1361 01:45:28,615 --> 01:45:31,201 - I wanted the damn transfer order! - Bullshit! 1362 01:45:31,368 --> 01:45:34,746 You could have gotten it by calling any one of a dozen departments. 1363 01:45:34,913 --> 01:45:39,584 You didn't want the order. You wanted to see Jessep's reaction. 1364 01:45:39,751 --> 01:45:42,712 You had an instinct and it was confirmed by Markinson. 1365 01:45:42,879 --> 01:45:45,715 Now let's put Jessep on the stand and end this thing. 1366 01:45:45,882 --> 01:45:52,180 - What possible good would that do? - He ordered the Code Red. 1367 01:45:52,347 --> 01:45:58,645 He did? That's great! And of course, you have proof? 1368 01:45:58,812 --> 01:46:02,941 I'm sorry, I forgot. You were sick that day at law school. 1369 01:46:03,108 --> 01:46:05,443 You put him on the stand and get it from him. 1370 01:46:05,610 --> 01:46:09,823 We get it from him! Yes, no problem. We get it from him. 1371 01:46:09,990 --> 01:46:14,202 Colonel Jessep, isn't it true you ordered the Code Red on Santiago? 1372 01:46:14,369 --> 01:46:18,456 I'm sorry, time's run out! What do we have for the losers, judge? 1373 01:46:18,623 --> 01:46:22,836 "Well, for the defendants, it's life at exotic Fort Leavenworth! 1374 01:46:23,003 --> 01:46:28,758 And for Defense Counsel Kaffee, that's right, it's a court-martial! 1375 01:46:28,925 --> 01:46:34,347 After falsely accusing a decorated officer of conspiracy and perjury... 1376 01:46:34,514 --> 01:46:38,018 ...Lieutenant Kaffee will have a long and prosperous career... 1377 01:46:38,184 --> 01:46:43,273 ...teaching typewriter maintenance at a women's school! 1378 01:46:43,440 --> 01:46:49,654 Thank you for playing Follow the Advice of the Galactically Stupid!" 1379 01:47:11,468 --> 01:47:14,638 I'm sorry I lost you your set of steak knives. 1380 01:47:31,613 --> 01:47:35,283 Stop cleaning up. 1381 01:47:37,202 --> 01:47:41,414 Sam, stop cleaning up. 1382 01:47:49,005 --> 01:47:54,010 - You want a drink? - Yeah. 1383 01:48:10,068 --> 01:48:13,113 - Is your father proud of you? - Don't do this to yourself. 1384 01:48:13,279 --> 01:48:15,031 I'll bet he is. 1385 01:48:15,907 --> 01:48:19,119 I'll bet he bores the shit out of the neighbors and relatives. 1386 01:48:19,285 --> 01:48:21,705 "Sam's made law review. 1387 01:48:21,871 --> 01:48:27,961 He's got a big case he's making. He's making an argument." 1388 01:48:32,382 --> 01:48:38,263 I think my father would have enjoyed seeing me graduate from law school. 1389 01:48:40,223 --> 01:48:44,310 I think he would have liked that a lot. 1390 01:48:45,395 --> 01:48:48,398 I ever tell you I wrote a paper about your father in college? 1391 01:48:49,399 --> 01:48:50,900 Yeah? 1392 01:48:51,568 --> 01:48:56,948 - One of the best trial lawyers ever. - Yes, he was. 1393 01:48:57,198 --> 01:49:02,245 But if I were Dawson and Downey, and had to choose you or him... 1394 01:49:02,412 --> 01:49:05,457 ...I'd choose you any day of the week, and twice on Sunday. 1395 01:49:06,124 --> 01:49:09,627 You should have seen yourself thunder away at Kendrick. 1396 01:49:12,088 --> 01:49:16,801 - Would you put Jessep on the stand? - No. 1397 01:49:17,427 --> 01:49:22,348 Do you think my father would have? - With the evidence we got? 1398 01:49:22,515 --> 01:49:25,310 Not in a million years. 1399 01:49:25,477 --> 01:49:29,022 But here's the thing, and we can't get around this: 1400 01:49:29,189 --> 01:49:31,107 Neither Lionel Kaffee nor Sam Weinberg... 1401 01:49:31,274 --> 01:49:36,362 ...are lead counsel for the defense in U.S. v. Dawson and Downey. 1402 01:49:36,529 --> 01:49:40,992 So there's really only one question: What would you do? 1403 01:49:49,375 --> 01:49:53,755 Jo. JoAnne! Jo, get in the car. 1404 01:49:53,922 --> 01:49:57,300 JoAnne, please get in the car! Look... 1405 01:49:58,760 --> 01:50:02,931 JoAnne! I apologize. I was angry. 1406 01:50:03,098 --> 01:50:05,683 I'm sorry about what I said. 1407 01:50:05,850 --> 01:50:09,938 I'm gonna put Jessep on the stand! 1408 01:50:28,998 --> 01:50:30,208 What do you suggest we do? 1409 01:50:30,375 --> 01:50:32,919 Hit Jessep with the phony transfer order. 1410 01:50:33,086 --> 01:50:35,380 - Without a witness? - We have a witness. 1411 01:50:35,547 --> 01:50:36,548 A dead witness. 1412 01:50:36,714 --> 01:50:39,342 To a lesser attorney, that'd be a problem. 1413 01:50:39,509 --> 01:50:44,389 Look. Last night he's swimming in Jack Daniel's, today he's Superman! 1414 01:50:44,556 --> 01:50:49,602 I'm getting my second wind. Sit down, both of you. Good. 1415 01:50:49,769 --> 01:50:51,729 Jessep told Kendrick to order the Code Red... 1416 01:50:51,896 --> 01:50:53,940 ...Kendrick did, our clients followed orders. 1417 01:50:54,107 --> 01:50:59,362 The cover-up isn't our case. To win, Jessep has to say he gave the order. 1418 01:50:59,946 --> 01:51:03,158 - And you can get him to say it? - I think he wants to say it! 1419 01:51:03,324 --> 01:51:06,452 I think he's pissed off he's gotta hide. I think he wants to say... 1420 01:51:06,619 --> 01:51:09,747 ...he made a decision, and that's the end of it! 1421 01:51:09,914 --> 01:51:15,503 He eats breakfast 300 yards from 4000 Cubans that are trained to kill him. 1422 01:51:15,670 --> 01:51:17,755 And no one tells him how to run his unit... 1423 01:51:17,922 --> 01:51:20,842 ...least of all the Harvard mouth in his faggoty white uniform. 1424 01:51:21,009 --> 01:51:25,430 I need to shake him. I'll lead him right where he's dying to go. 1425 01:51:25,597 --> 01:51:28,266 - That's it? That's the plan? - That's the plan. 1426 01:51:28,433 --> 01:51:30,101 How are you going to do it? 1427 01:51:30,268 --> 01:51:33,771 - I have no idea. I need my bat. - Your what? 1428 01:51:33,938 --> 01:51:36,274 I need my bat. I think better with it. Where is it? 1429 01:51:36,441 --> 01:51:39,611 - I put it in the closet. - You put it in the closet? 1430 01:51:39,861 --> 01:51:41,529 I was tripping on it. 1431 01:51:41,696 --> 01:51:43,781 Don't ever put that bat in the closet. 1432 01:51:59,172 --> 01:52:01,841 Stay here. I'm going to the office for a while. 1433 01:52:04,636 --> 01:52:07,222 He does think better with that bat. 1434 01:52:28,660 --> 01:52:32,997 - Hello? - Sam, I need you to do something. 1435 01:52:36,459 --> 01:52:39,754 - What's going on? - Gotta go out to Andrews. 1436 01:53:03,486 --> 01:53:07,782 - Did Sam get the guys? - Yes. 1437 01:53:07,949 --> 01:53:12,245 - Can I talk to you for a second? - Yeah, sure. 1438 01:53:23,298 --> 01:53:24,716 How are you feeling? 1439 01:53:26,134 --> 01:53:30,513 Well, I think Jessep's gonna have his hands full today. 1440 01:53:32,932 --> 01:53:37,312 Listen, Danny, when you're out there today... 1441 01:53:37,478 --> 01:53:44,360 ...if you feel like it's not gonna happen, like he's not going to say it... 1442 01:53:44,527 --> 01:53:49,574 ...don't go for it. You could get into trouble. 1443 01:53:50,325 --> 01:53:54,662 I'm special counsel for Internal Affairs. I'm telling you you could get in trouble. 1444 01:53:54,829 --> 01:54:00,960 You're not suggesting that I back off a material witness? 1445 01:54:01,419 --> 01:54:04,255 If you think you can't get him, yeah. 1446 01:54:06,632 --> 01:54:08,217 All rise! 1447 01:54:13,306 --> 01:54:15,725 - Where's Sam? - He's on his way. 1448 01:54:21,647 --> 01:54:22,899 Call your first witness. 1449 01:54:23,066 --> 01:54:25,526 - Where is he? - He'll be here. Don't worry. 1450 01:54:25,693 --> 01:54:28,446 Lieutenant! Call your witness. 1451 01:54:35,328 --> 01:54:37,747 Defense calls Colonel Nathan Jessep. 1452 01:54:54,347 --> 01:54:57,308 Colonel Jessep, raise your right hand, please, sir. 1453 01:54:57,475 --> 01:55:04,357 Do you swear to tell the truth, the whole truth, and nothing but the truth? 1454 01:55:04,649 --> 01:55:09,070 - Yes, I do. - Have a seat please, sir. 1455 01:55:09,237 --> 01:55:12,490 State your name, rank and current billet for the record. 1456 01:55:13,324 --> 01:55:16,869 Colonel Jessep, Commanding Officer, Marine Ground Forces... 1457 01:55:17,036 --> 01:55:19,080 ...Guanténamo Bay, Cuba. 1458 01:55:19,247 --> 01:55:22,667 - Thank you, sir. - He's not here. 1459 01:55:27,505 --> 01:55:31,050 When you learned of Santiago's letter to the NIS... 1460 01:55:31,217 --> 01:55:34,846 ...you had a meeting with your two senior officers, is that right? 1461 01:55:35,012 --> 01:55:36,848 Yes. 1462 01:55:37,014 --> 01:55:39,684 Platoon Commander Kendrick... 1463 01:55:39,851 --> 01:55:43,563 ...and the executive officer, Lieutenant Colonel Markinson. 1464 01:55:44,105 --> 01:55:45,189 Yes. 1465 01:55:45,356 --> 01:55:49,777 And, at present, Markinson is dead, is that right? 1466 01:55:49,944 --> 01:55:57,368 - What is the counselor implying? - Simply that Markinson is not alive. 1467 01:55:57,535 --> 01:56:01,205 Surely Colonel Jessep doesn't need to confirm that. 1468 01:56:01,372 --> 01:56:06,461 He may not be aware that Markinson took his own life two days ago. 1469 01:56:06,627 --> 01:56:11,424 The witness, the court and now the court members are aware. 1470 01:56:11,591 --> 01:56:16,554 We thank you for bringing it up. Move on, lieutenant. 1471 01:56:16,721 --> 01:56:18,389 Yes, sir. 1472 01:56:18,556 --> 01:56:22,101 At this meeting, you gave Kendrick an order, right? 1473 01:56:22,268 --> 01:56:26,481 I told him to tell his men not to touch Santiago. 1474 01:56:26,814 --> 01:56:29,525 And did you give an order to Markinson as well? 1475 01:56:29,692 --> 01:56:35,448 I ordered him to have Santiago transferred off the base immediately. 1476 01:56:35,615 --> 01:56:40,828 - Why? - I felt his life might be in danger. 1477 01:56:41,245 --> 01:56:45,583 - Grave danger? - Ls there another kind? 1478 01:56:48,503 --> 01:56:52,590 This is the transfer order that you and Markinson co-signed... 1479 01:56:52,757 --> 01:56:56,886 ...ordering that Santiago fly out at 6 the next morning. 1480 01:56:57,053 --> 01:57:02,016 - Was that the first flight off the base? - The 0600 was the first flight. 1481 01:57:06,229 --> 01:57:09,273 - You flew here today, is that right? - Yes. 1482 01:57:09,440 --> 01:57:14,278 - You're wearing your dress uniform. - As are you, lieutenant. 1483 01:57:14,445 --> 01:57:18,991 - Did you wear it on the plane? - Is this dialogue relevant to anything? 1484 01:57:19,158 --> 01:57:23,287 We didn't have a chance to depose. I'd ask the court for a little latitude. 1485 01:57:23,454 --> 01:57:27,583 - A very little latitude. - Colonel? 1486 01:57:27,750 --> 01:57:29,669 I wore utilities on the plane. 1487 01:57:29,835 --> 01:57:32,797 - You brought your dress uniform? - Yes. 1488 01:57:32,964 --> 01:57:35,967 - Toothbrush, shaving kit, underwear? - Your Honor! 1489 01:57:36,133 --> 01:57:38,553 Is his underwear a matter of national security? 1490 01:57:38,719 --> 01:57:42,139 Gentlemen. You'd better get somewhere fast with this, lieutenant. 1491 01:57:42,306 --> 01:57:44,308 Yes, sir. Colonel? 1492 01:57:45,184 --> 01:57:49,146 I brought a change of clothes and some personal items. 1493 01:57:49,772 --> 01:57:51,232 Thank you. 1494 01:57:51,399 --> 01:57:54,819 After Dawson and Downey's arrest on the night of the 6th... 1495 01:57:54,986 --> 01:57:59,282 ...Santiago's barracks room was sealed off, and its contents inventoried. 1496 01:57:59,448 --> 01:58:04,036 Four pairs of camouflage pants, three khaki shirts, three pairs of boots. 1497 01:58:04,203 --> 01:58:09,500 - Four pairs green socks... - Ls there a question in our future? 1498 01:58:09,834 --> 01:58:12,503 Lieutenant, state your question. 1499 01:58:13,004 --> 01:58:15,798 I'm wondering why Santiago wasn't packed. 1500 01:58:18,384 --> 01:58:21,470 Tell you what, we'll get back to that one in a minute. 1501 01:58:21,637 --> 01:58:25,474 This is a record of all phone calls from your base in the past 24 hours. 1502 01:58:25,641 --> 01:58:28,894 After being subpoenaed, you made three calls. 1503 01:58:29,061 --> 01:58:31,522 Do you recognize those numbers? 1504 01:58:31,689 --> 01:58:37,445 I called Colonel Fitzhughes to let him know I'd be in town. 1505 01:58:37,612 --> 01:58:43,284 The second was to arrange a meeting with Congressman Richman. 1506 01:58:43,451 --> 01:58:48,539 - And the third call was to my sister. - Why did you make that call? 1507 01:58:48,998 --> 01:58:52,043 - I thought she might like to have dinner. - Your Honor. 1508 01:58:52,209 --> 01:58:53,544 I'll put a stop to this. 1509 01:58:53,711 --> 01:58:57,465 These are the phone records from Gitmo for September 6th. 1510 01:58:57,632 --> 01:59:02,928 And these are 14 letters that Santiago wrote in nine months... 1511 01:59:03,095 --> 01:59:06,349 ...requesting, begging for a transfer. 1512 01:59:06,515 --> 01:59:09,310 Upon hearing the news he was getting it... 1513 01:59:09,477 --> 01:59:11,270 ...Santiago was so excited... 1514 01:59:11,437 --> 01:59:15,691 ...you know how many people he called? Zero! Nobody. 1515 01:59:16,108 --> 01:59:19,570 Not one call to his parents, saying he was coming home. 1516 01:59:19,737 --> 01:59:23,199 Not one call to a friend, saying, "Can you pick me up?" 1517 01:59:23,366 --> 01:59:29,413 He was asleep at midnight, and you say he had a flight in six hours. 1518 01:59:29,580 --> 01:59:35,920 Yet everything he owned was in his closet or his footlocker. 1519 01:59:36,087 --> 01:59:39,590 You were leaving for one day, you packed and made three calls. 1520 01:59:39,757 --> 01:59:45,971 Santiago was leaving for the rest of his life... 1521 01:59:46,138 --> 01:59:50,976 ...and he hadn't called a soul, and he hadn't packed a thing. 1522 01:59:54,689 --> 01:59:56,273 Can you explain that? 1523 01:59:59,151 --> 02:00:03,864 Fact is, there was no transfer order. Santiago wasn't going anywhere, right? 1524 02:00:04,031 --> 02:00:09,787 Objection! Lieutenant Kaffee is trying to smear a high-ranking Marine officer... 1525 02:00:09,954 --> 02:00:12,289 ...desperately hoping to suggest impropriety... 1526 02:00:12,456 --> 02:00:14,333 ...and win points with the court. 1527 02:00:14,500 --> 02:00:17,586 I recommend that he be reprimanded... 1528 02:00:17,753 --> 02:00:21,590 ...and the witness be excused with apologies. 1529 02:00:22,174 --> 02:00:28,597 - Overruled. The objection is noted. - Colonel? 1530 02:00:32,685 --> 02:00:37,148 - Is this funny, sir? - No, it's not. It's tragic. 1531 02:00:37,314 --> 02:00:44,155 - Do you have an answer? - Absolutely. I don't have a damn clue. 1532 02:00:44,321 --> 02:00:50,661 Maybe he was an early riser. Maybe he didn't have any friends. 1533 02:00:50,828 --> 02:00:54,248 I'm an educated man, but I can't speak intelligently... 1534 02:00:54,415 --> 02:00:58,002 ...about the travel habits of William Santiago. 1535 02:00:58,169 --> 02:01:02,965 What I do know is that he was set to leave the base at 0600. 1536 02:01:03,799 --> 02:01:08,721 Now, are these really the questions that I was called here to answer? 1537 02:01:08,888 --> 02:01:11,348 Phone calls and foot lockers? 1538 02:01:11,807 --> 02:01:15,144 Please tell me you have something more, lieutenant. 1539 02:01:15,352 --> 02:01:18,939 These two Marines are on trial for their lives. 1540 02:01:19,106 --> 02:01:25,863 Please tell me their lawyer hasn't pinned their hopes to a phone bill. 1541 02:01:26,280 --> 02:01:29,366 Do you have any other questions for me, counselor? 1542 02:01:38,250 --> 02:01:40,878 Lieutenant Kaffee? 1543 02:01:48,219 --> 02:01:52,556 Lieutenant, do you have anything further for this witness? 1544 02:01:59,355 --> 02:02:04,151 - Thanks, Danny. I love Washington. - Excuse me. I didn't dismiss you. 1545 02:02:05,152 --> 02:02:09,782 I beg your pardon? - I'm not through with my examination. 1546 02:02:09,949 --> 02:02:11,575 Sit down. 1547 02:02:13,410 --> 02:02:15,913 - "Colonel." - What's that? 1548 02:02:16,080 --> 02:02:20,417 I'd appreciate if he would address me as "colonel" or "sir." I've earned it. 1549 02:02:21,001 --> 02:02:24,547 Defense counsel will address him "colonel" or "sir". 1550 02:02:24,713 --> 02:02:27,758 I don't know what the hell kind of unit you're running here. 1551 02:02:27,925 --> 02:02:31,512 And the witness will address me as "judge" or "Your Honor." 1552 02:02:31,679 --> 02:02:33,514 I'm quite certain I've earned it. 1553 02:02:34,265 --> 02:02:38,227 Take your seat, colonel. 1554 02:02:41,397 --> 02:02:45,568 What shall we discuss now? My favorite color? 1555 02:02:46,569 --> 02:02:49,196 Colonel, the 6 a.m. flight was the first off the base? 1556 02:02:49,363 --> 02:02:50,948 Yes. 1557 02:02:51,115 --> 02:02:55,202 There wasn't one seven hours earlier and landed at Andrews at 2 a.m.? 1558 02:02:55,369 --> 02:02:58,247 I think we've covered this, haven't we? 1559 02:02:59,081 --> 02:03:04,295 These are the tower chief's logs for Guanténamo Bay and Andrews. 1560 02:03:04,795 --> 02:03:10,301 There's no flight at 11 p.m., and no arrival at 2 a.m. 1561 02:03:10,467 --> 02:03:13,804 I'd like to admit them as Defense Exhibits Alpha and Bravo. 1562 02:03:13,971 --> 02:03:17,391 You're admitting evidence of a flight that never existed. 1563 02:03:17,558 --> 02:03:19,977 We believe it did, sir. 1564 02:03:20,144 --> 02:03:26,150 We call Airmen O'Malley and Rodriguez of Andrews Air Base. 1565 02:03:26,317 --> 02:03:33,741 - They weren't on the list. - They are rebuttal witnesses. 1566 02:03:33,908 --> 02:03:36,744 - I'll allow the witnesses. - This is ridiculous! 1567 02:03:37,077 --> 02:03:38,412 Colonel, a moment ago... 1568 02:03:38,579 --> 02:03:44,335 - Check the logs, for chrissake! - We'll get to that in a minute. 1569 02:03:45,419 --> 02:03:51,467 You said you ordered Kendrick to say that Santiago wasn't to be touched. 1570 02:03:51,634 --> 02:03:53,093 That's right. 1571 02:03:53,260 --> 02:03:57,765 - He was clear on what you wanted? - Crystal. 1572 02:03:58,682 --> 02:04:03,020 - Could he have ignored the order? - Ignored the order? 1573 02:04:03,187 --> 02:04:06,190 - Or forgot about it? - No. 1574 02:04:06,357 --> 02:04:10,361 Any chance he could have thought, "The old man is wrong"? 1575 02:04:10,986 --> 02:04:12,363 No. 1576 02:04:12,529 --> 02:04:18,035 When Lt. Kendrick talked to the men, any chance they ignored him? 1577 02:04:19,495 --> 02:04:23,415 - You ever served in the infantry, son? - No, sir. 1578 02:04:23,582 --> 02:04:27,127 - Ever served in a forward area? - No, sir. 1579 02:04:27,544 --> 02:04:32,883 Ever put your life in another man's hands, and his in yours? 1580 02:04:33,050 --> 02:04:34,385 No, sir. 1581 02:04:34,551 --> 02:04:39,098 We follow orders, son. We follow orders or people die. 1582 02:04:39,264 --> 02:04:42,393 It's that simple. Are we clear? 1583 02:04:43,102 --> 02:04:44,353 Yes, sir. 1584 02:04:44,520 --> 02:04:48,899 - Are we clear? - Crystal. 1585 02:04:50,609 --> 02:04:54,822 Just one more question, before I call Airmen O'Malley and Rodriguez. 1586 02:04:56,115 --> 02:05:00,411 If you ordered that Santiago wasn't to be touched... 1587 02:05:00,911 --> 02:05:04,707 ...and your orders are always followed... 1588 02:05:04,873 --> 02:05:09,086 ...then why would Santiago be in danger? 1589 02:05:10,045 --> 02:05:13,757 Why would it be necessary to transfer him off the base? 1590 02:05:19,555 --> 02:05:23,851 Santiago was a substandard Marine. He was being transferred... 1591 02:05:24,018 --> 02:05:27,980 You said he was being transferred because he was in grave danger. 1592 02:05:28,147 --> 02:05:30,274 - That's correct. - You said he was in danger. 1593 02:05:30,441 --> 02:05:32,609 - I said, "grave danger?" You said... - I recall... 1594 02:05:32,776 --> 02:05:34,278 I can have the reporter read... 1595 02:05:34,445 --> 02:05:37,364 I know what I said! I don't have to have it read back... 1596 02:05:37,531 --> 02:05:41,035 Then why the two orders? Colonel? 1597 02:05:43,162 --> 02:05:45,622 Sometimes men take matters into their own hands. 1598 02:05:45,789 --> 02:05:48,709 No, sir. You made it clear your men never do. 1599 02:05:48,876 --> 02:05:53,589 Your men follow orders or people die. So Santiago wasn't in danger, right? 1600 02:05:53,756 --> 02:05:55,883 You snotty little bastard. 1601 02:05:56,050 --> 02:05:59,261 - Your Honor, I ask for a recess. - I'd like an answer. 1602 02:05:59,428 --> 02:06:01,221 The court will wait for an answer. 1603 02:06:02,056 --> 02:06:07,853 If Lt. Kendrick gave an order that Santiago wasn't to be touched... 1604 02:06:08,020 --> 02:06:12,274 ...why did he have to be transferred? Colonel? 1605 02:06:12,441 --> 02:06:16,195 Kendrick ordered a Code Red because that's what you told him to do! 1606 02:06:16,361 --> 02:06:17,488 Object! 1607 02:06:17,654 --> 02:06:23,869 And when it went bad, you signed a phony transfer and doctored the logs! 1608 02:06:24,036 --> 02:06:25,704 You coerced the doctor! 1609 02:06:25,871 --> 02:06:28,999 Colonel Jessep, did you order the Code Red? 1610 02:06:29,166 --> 02:06:32,419 - You don't have to answer that. - I'll answer the question. 1611 02:06:32,586 --> 02:06:34,838 - You want answers? - I think I'm entitled! 1612 02:06:35,005 --> 02:06:37,257 - You want answers? - I want the truth! 1613 02:06:37,424 --> 02:06:40,552 You can't handle the truth! 1614 02:06:40,719 --> 02:06:45,015 Son, we live in a world that has walls, and those walls have to be guarded. 1615 02:06:45,182 --> 02:06:49,686 Who's gonna do it? You? You, Lieutenant Weinberg? 1616 02:06:49,853 --> 02:06:53,690 I have a greater responsibility than you can possible fathom. 1617 02:06:53,857 --> 02:06:57,194 You weep for Santiago and you curse the Marines. 1618 02:06:57,361 --> 02:07:01,198 You have that luxury. The luxury of not knowing what I know: 1619 02:07:01,365 --> 02:07:05,327 That Santiago's death, while tragic, probably saved lives. 1620 02:07:05,494 --> 02:07:11,291 And my existence, while grotesque and incomprehensible to you, saves lives! 1621 02:07:11,458 --> 02:07:13,418 You don't want the truth because deep down... 1622 02:07:13,585 --> 02:07:15,712 ...in places you don't talk about at parties... 1623 02:07:15,879 --> 02:07:20,592 ...you want me on that wall. You need me on that wall. 1624 02:07:20,759 --> 02:07:25,264 We use words like honor, code, loyalty. 1625 02:07:25,430 --> 02:07:28,851 We use them as the backbone of a life spent defending something. 1626 02:07:29,017 --> 02:07:31,061 You use them as a punchline! 1627 02:07:31,228 --> 02:07:34,982 I have neither the time nor inclination to explain myself... 1628 02:07:35,149 --> 02:07:39,611 ...to a man who rises and sleeps under the blanket of the freedom I provide... 1629 02:07:39,778 --> 02:07:42,156 ...then questions the manner in which I provide it! 1630 02:07:42,322 --> 02:07:45,367 I would rather you just said "thank you" and went on your way. 1631 02:07:45,534 --> 02:07:49,288 Otherwise, I suggest you pick up a weapon and stand a post. 1632 02:07:49,454 --> 02:07:54,251 Either way, I don't give a damn what you think you are entitled to! 1633 02:07:54,418 --> 02:07:56,920 - Did you order the Code Red? - I did the job... 1634 02:07:57,087 --> 02:08:00,424 - Did you order the Code Red? - You're goddamn right I did! 1635 02:08:11,476 --> 02:08:14,313 I suggest the members be dismissed... 1636 02:08:14,479 --> 02:08:17,900 ...so we can move to an article 39A session. 1637 02:08:18,066 --> 02:08:22,696 - The witness has rights. - Captain Ross? 1638 02:08:27,242 --> 02:08:28,869 Jack? 1639 02:08:33,874 --> 02:08:37,252 The members of the court will retire until further instructed. 1640 02:08:37,961 --> 02:08:39,922 All rise. 1641 02:08:40,464 --> 02:08:42,758 What the hell is this? 1642 02:08:42,925 --> 02:08:46,511 Colonel, what's going on? I did my job, I'd do it again. 1643 02:08:46,678 --> 02:08:51,475 - I'm going back to my base. - You're not going anywhere. 1644 02:08:51,642 --> 02:08:55,938 - MP's, guard the colonel! - Yes, sir. 1645 02:08:57,189 --> 02:08:59,858 - Captain Ross. - What the hell is this? 1646 02:09:00,108 --> 02:09:02,486 Colonel Jessep, you have the right to remain silent. 1647 02:09:02,653 --> 02:09:07,074 I'm being charged with a crime? Is that what this is? 1648 02:09:07,241 --> 02:09:10,494 I'm being charged with a crime? 1649 02:09:10,661 --> 02:09:14,706 This is funny, that's what this is! This is... 1650 02:09:14,873 --> 02:09:18,168 I'm gonna rip the eyes out of your head and piss in your dead skull! 1651 02:09:18,335 --> 02:09:20,254 You fucked with the wrong Marine! 1652 02:09:20,420 --> 02:09:24,883 Colonel Jessep, do you understand your rights? 1653 02:09:29,846 --> 02:09:32,474 You fucking people. 1654 02:09:32,641 --> 02:09:35,519 You have no idea how to defend a nation. 1655 02:09:36,186 --> 02:09:41,149 All you did was weaken a country today, Kaffee! That's all you did. 1656 02:09:41,316 --> 02:09:46,321 You put peoples' lives in danger. Sweet dreams, son. 1657 02:09:46,488 --> 02:09:48,532 Don't call me son. 1658 02:09:48,699 --> 02:09:52,869 I'm a lawyer, and an officer in the United States Navy. 1659 02:09:53,036 --> 02:09:55,872 And you're under arrest, you son of a bitch. 1660 02:10:00,043 --> 02:10:02,170 The witness is excused. 1661 02:10:24,276 --> 02:10:27,738 All rise! 1662 02:10:36,872 --> 02:10:41,585 - Have you reached a verdict? - We have, sir. 1663 02:10:52,304 --> 02:10:57,851 Lance Corporal Dawson, Private First Class Downey. 1664 02:10:59,019 --> 02:11:03,273 On the charge of murder, the members find the accused... 1665 02:11:03,440 --> 02:11:05,692 ...not guilty. 1666 02:11:06,443 --> 02:11:10,322 On the charge of conspiracy to commit murder... 1667 02:11:10,489 --> 02:11:15,744 ...the members find the accused not guilty. 1668 02:11:16,620 --> 02:11:20,749 On the charge of conduct unbecoming a United States Marine... 1669 02:11:20,916 --> 02:11:26,838 ...the members find the accused guilty as charged. 1670 02:11:28,215 --> 02:11:31,468 The accused are sentenced to time already served... 1671 02:11:31,635 --> 02:11:36,431 ...and are ordered to be dishonorably discharged from the Marine Corps. 1672 02:11:37,682 --> 02:11:40,060 This court-martial is adjourned. 1673 02:11:40,227 --> 02:11:41,895 All rise. 1674 02:11:57,494 --> 02:11:59,996 What did that mean? 1675 02:12:01,790 --> 02:12:04,626 Hal? 1676 02:12:04,793 --> 02:12:07,838 What did that mean? 1677 02:12:09,965 --> 02:12:15,011 I don't understand. Colonel Jessep said he ordered the Code Red. 1678 02:12:15,178 --> 02:12:19,433 - He ordered it. What did we do wrong? - It's not that simple. 1679 02:12:19,599 --> 02:12:23,353 - We did nothing wrong! - Yeah, we did. 1680 02:12:26,440 --> 02:12:31,361 We were supposed to fight for people who couldn't fight for themselves. 1681 02:12:31,528 --> 02:12:34,156 We were supposed to fight for Willy. 1682 02:12:40,537 --> 02:12:46,460 Lieutenant Kaffee, I have to take these men for some paperwork. 1683 02:12:55,427 --> 02:12:58,388 Harold? 1684 02:13:00,515 --> 02:13:03,351 Sir? 1685 02:13:03,518 --> 02:13:06,062 You don't need a patch on your arm to have honor. 1686 02:13:09,774 --> 02:13:14,738 Ten-hut! There's an officer on deck. 1687 02:13:39,554 --> 02:13:44,893 O'Malley and Rodriguez, what exactly could they testify to? 1688 02:13:45,060 --> 02:13:50,190 Probably that they had absolutely no recollection of anything. 1689 02:13:50,357 --> 02:13:55,195 - Strong witnesses. - And handsome too, didn't you think? 1690 02:13:55,362 --> 02:13:57,906 I'll see you around. I gotta go arrest Kendrick. 1691 02:13:58,073 --> 02:14:00,534 Tell him I say hi. 1692 02:14:00,700 --> 02:14:04,788 Will do. 149946

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