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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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