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1
00:00:08,991 --> 00:00:11,076
Sounds like our Kurdish boy's
2
00:00:11,110 --> 00:00:13,111
breaking a few Islamic
laws, Lieutenant.
3
00:00:13,145 --> 00:00:14,496
Dude sneaks out
at night
4
00:00:14,530 --> 00:00:15,880
with only four bodyguards.
5
00:00:15,914 --> 00:00:18,616
Hope the wild burkha sex
is worth it.
6
00:00:18,650 --> 00:00:20,685
Well, I hate to break
it to you, Gunny,
7
00:00:20,686 --> 00:00:23,120
but Kurdish women
don't wear burkhas.
8
00:00:23,139 --> 00:00:25,574
Can't believe we're holed up
in this meat locker,
9
00:00:25,608 --> 00:00:28,009
chaperoning this bozo.
10
00:00:41,941 --> 00:00:43,808
Bad guys, Lieutenant?
11
00:00:46,379 --> 00:00:47,662
Gate-crashers, Lieutenant.
12
00:01:08,985 --> 00:01:10,618
Get on the horn!
13
00:01:10,770 --> 00:01:12,437
Tell 'em we need air support
and a medevac!
14
00:01:16,591 --> 00:01:19,127
Sheehy! Sheehy!
15
00:01:20,830 --> 00:01:22,580
No!
16
00:01:22,615 --> 00:01:25,216
Base, this is
Winchester-Six!
17
00:01:25,250 --> 00:01:28,653
Request air support
and emergency medevac!
18
00:01:28,688 --> 00:01:31,573
Sector Alpha-Two, over!
19
00:01:31,607 --> 00:01:32,908
Damn it!
20
00:01:36,963 --> 00:01:39,130
Cease fire! Friendlies!
21
00:01:39,132 --> 00:01:41,316
Hold it! Friendlies!
22
00:01:41,350 --> 00:01:44,118
They must've recognized
our muzzle flashes.
23
00:01:44,187 --> 00:01:45,903
If they're friendlies,
Lieutenant,
24
00:01:45,938 --> 00:01:47,872
who the hell are they?
25
00:02:48,501 --> 00:02:49,967
You took the stairs?
26
00:02:50,002 --> 00:02:52,637
Yeah. Exercise is
good for the spirit.
27
00:02:52,671 --> 00:02:55,240
How's your head
after taking that nasty hoof
28
00:02:55,274 --> 00:02:56,908
from Tanveer
to the temple?
29
00:02:56,942 --> 00:02:58,076
Nothing a
little ice pack
30
00:02:58,110 --> 00:02:59,911
and a few ibuprofen
can't fix.
31
00:02:59,945 --> 00:03:01,746
What about your heart?
32
00:03:01,780 --> 00:03:04,249
That's off-limits.
33
00:03:04,283 --> 00:03:06,418
Hey, I was thinking that,
uh, maybe we should keep
34
00:03:06,452 --> 00:03:10,088
last week's excitement
to ourselves, you know?
35
00:03:10,122 --> 00:03:11,856
At least away
from Turner.
36
00:03:11,924 --> 00:03:15,059
Well, not reporting to our new
and thankfully temporary boss
37
00:03:15,093 --> 00:03:16,811
is definitely an idea
I can get behind.
38
00:03:18,480 --> 00:03:20,030
You heard from Mattie?
39
00:03:21,100 --> 00:03:22,601
Well, she, uh, spent
an extra week
40
00:03:22,635 --> 00:03:24,102
in Blacksburg
with her dad,
41
00:03:24,136 --> 00:03:25,937
but she's coming back
tomorrow night.
42
00:03:25,988 --> 00:03:27,222
You must be excited.
43
00:03:27,273 --> 00:03:28,723
Oh, I'm picking her up
at the bus at 6:00.
44
00:03:28,757 --> 00:03:30,424
We're going to go home,
have a little dinner,
45
00:03:30,458 --> 00:03:31,525
spend a quiet evening.
46
00:03:31,577 --> 00:03:32,727
You're cooking.
47
00:03:32,912 --> 00:03:34,295
It's been known to happen.
48
00:03:34,330 --> 00:03:36,096
It's good for
the spirit.
49
00:03:36,131 --> 00:03:37,281
You ought to
try it sometime.
50
00:03:37,333 --> 00:03:39,067
Good to see you two
in the office, bright-eyed.
51
00:03:39,118 --> 00:03:42,370
Sorry to disappoint
you, Sturgis.
52
00:03:42,404 --> 00:03:43,538
Not at all.
53
00:03:43,539 --> 00:03:44,755
I heard, uh, Krennick
54
00:03:44,790 --> 00:03:47,625
is no longer in the picture
for the new JAG position.
55
00:03:47,659 --> 00:03:48,960
Harm's very disappointed.
56
00:03:48,994 --> 00:03:50,328
Well, until a
decision's made,
57
00:03:50,346 --> 00:03:52,047
we're all
in "wait and see" mode.
58
00:03:52,081 --> 00:03:54,499
We'll all just have to keep
this ship afloat, huh?
59
00:03:54,550 --> 00:03:56,066
And here I thought
you bubbleheads liked
60
00:03:56,101 --> 00:03:57,234
to lie on the bottom.
61
00:03:57,303 --> 00:04:01,038
I need you two
in my office ASAP.
62
00:04:02,642 --> 00:04:04,759
0130 Zulu, Friday.
63
00:04:04,793 --> 00:04:06,928
Marines providing security
for a Kurdish leader
64
00:04:06,962 --> 00:04:08,363
were caught
in a firefight.
65
00:04:08,397 --> 00:04:10,031
One Marine was killed.
66
00:04:10,066 --> 00:04:11,248
Who was the
firefight with?
67
00:04:11,283 --> 00:04:12,700
Looks like possible
68
00:04:12,735 --> 00:04:14,102
friendly fire
from our new comrades,
69
00:04:14,136 --> 00:04:16,337
the Iraqi Civil Defense Corps.
70
00:04:16,372 --> 00:04:18,222
The Kurdish
leader, Mr. Aziz,
71
00:04:18,257 --> 00:04:19,257
also had bodyguards.
72
00:04:19,291 --> 00:04:20,591
They might've
set it off.
73
00:04:20,626 --> 00:04:22,160
What were
the Iraqis doing there?
74
00:04:22,194 --> 00:04:23,361
They're pursuing
75
00:04:23,462 --> 00:04:24,312
a terrorist insurgent.
76
00:04:24,346 --> 00:04:25,897
Seems they had bad intel
and mistook
77
00:04:25,931 --> 00:04:28,016
the Kurdish leader
for their target.
78
00:04:28,050 --> 00:04:30,685
Why do I get the feeling
there's more to the story?
79
00:04:30,720 --> 00:04:32,286
The Iraqis were being advised
at the time
80
00:04:32,320 --> 00:04:34,789
by private military contractors.
81
00:04:34,807 --> 00:04:36,424
The lead advisor is
a retired Marine,
82
00:04:36,509 --> 00:04:38,292
Sergeant Major Thomas Elgart.
83
00:04:38,311 --> 00:04:40,461
His team and the Marines
have been recalled.
84
00:04:40,495 --> 00:04:42,029
Given the
sensitivities,
85
00:04:42,064 --> 00:04:45,249
delicacy will be required.
86
00:05:17,449 --> 00:05:19,417
What was your
mission, Gunny?
87
00:05:19,451 --> 00:05:21,419
We were tasked
with providing shadow security
88
00:05:21,453 --> 00:05:22,753
for Mohammed Aziz.
89
00:05:22,788 --> 00:05:24,755
He's a big Kurdish
mucky-muck, sir.
90
00:05:24,790 --> 00:05:26,757
A mucky-muck
with bodyguards
91
00:05:26,792 --> 00:05:28,593
who weren't up
for the job?
92
00:05:28,627 --> 00:05:30,595
Sir, those guys
couldn't provide security
93
00:05:30,629 --> 00:05:32,430
at a Celine Dion concert.
94
00:05:32,464 --> 00:05:34,098
Why do you say that?
95
00:05:34,132 --> 00:05:36,601
There've been a bunch
of attempts on Aziz.
96
00:05:36,635 --> 00:05:39,103
He's been ambushed by Fedayeen,
bombed by Baathists.
97
00:05:39,137 --> 00:05:42,473
Last week, a bullet came
within an inch of his head.
98
00:05:42,508 --> 00:05:44,776
You see, the Kurds
are pushing for autonomy
99
00:05:44,810 --> 00:05:46,111
in the new government.
100
00:05:46,145 --> 00:05:47,445
Aziz figures to be running
101
00:05:47,479 --> 00:05:49,614
their new oil industry
if that happens,
102
00:05:49,648 --> 00:05:51,783
and that puts a target
on his back.
103
00:05:51,817 --> 00:05:54,552
And your fire team in
harm's way, protecting him.
104
00:05:54,587 --> 00:05:59,223
If we had been
out in front, sir...
105
00:05:59,257 --> 00:06:01,726
instead of covering him...
106
00:06:01,760 --> 00:06:04,562
the Iraqis
would've seen us...
107
00:06:04,596 --> 00:06:07,832
and none of this
would've happened.
108
00:06:07,850 --> 00:06:09,750
Why wasn't your fire
team out front,
109
00:06:09,785 --> 00:06:11,752
providing
primary security?
110
00:06:11,787 --> 00:06:13,587
That's just how it is, Colonel.
111
00:06:13,622 --> 00:06:16,090
We want to support the Iraqis,
provide security,
112
00:06:16,125 --> 00:06:17,876
but not look
like an occupation force.
113
00:06:17,910 --> 00:06:20,594
Who engaged whom,
Lieutenant?
114
00:06:20,629 --> 00:06:22,763
My men are
disciplined, ma'am.
115
00:06:22,798 --> 00:06:24,933
They know to hold their
fire until my command.
116
00:06:24,967 --> 00:06:27,101
So, you believe
the Iraqis fired first?
117
00:06:27,136 --> 00:06:30,271
They, or their
advisors, Colonel.
118
00:06:30,306 --> 00:06:31,356
Did you know there was
119
00:06:31,390 --> 00:06:33,274
an Iraqi Civil Defense unit
in the area?
120
00:06:33,309 --> 00:06:34,775
No, ma'am.
121
00:06:34,810 --> 00:06:38,279
We'd had radio
troubles.
122
00:06:38,314 --> 00:06:40,448
I never received word
from headquarters.
123
00:06:40,482 --> 00:06:43,218
If I had...
124
00:06:43,219 --> 00:06:46,304
Maybe the corporal
would be alive?
125
00:06:47,139 --> 00:06:49,406
He left a widow.
126
00:06:49,441 --> 00:06:52,443
Barely married
a year.
127
00:06:52,477 --> 00:06:54,378
He invited me
to the wedding,
128
00:06:54,412 --> 00:06:57,949
and I promised his wife that
I would bring him home safe.
129
00:06:57,983 --> 00:07:00,551
Don't be so hard
on yourself, Lieutenant.
130
00:07:00,585 --> 00:07:03,154
Hard not to
be, Colonel.
131
00:07:03,205 --> 00:07:06,407
Still...
132
00:07:06,442 --> 00:07:09,743
the cardinal rule
of combat, ma'am:
133
00:07:09,778 --> 00:07:13,414
know who you're firing
at before you open fire.
134
00:07:13,449 --> 00:07:15,249
My men did their job.
135
00:07:15,284 --> 00:07:17,418
As for the Iraqis...
136
00:07:17,453 --> 00:07:20,421
You ask me...
137
00:07:20,456 --> 00:07:22,590
those advisors-
138
00:07:22,624 --> 00:07:25,009
they weren't advising too well.
139
00:07:25,043 --> 00:07:27,228
You know that for a fact?
140
00:07:27,262 --> 00:07:30,581
No, ma'am, but those
"rent-a-grunts"-
141
00:07:30,616 --> 00:07:32,717
they... they don't hold
themselves
142
00:07:32,751 --> 00:07:34,919
to the same standards
that we do.
143
00:07:47,466 --> 00:07:49,267
Fire, cease fire.
144
00:07:49,301 --> 00:07:50,935
Clear and lock
all weapons.
145
00:07:50,970 --> 00:07:53,271
Once you have
a complete safe weapon,
146
00:07:53,305 --> 00:07:54,756
you may leave
the firing line.
147
00:07:54,790 --> 00:07:57,458
Surprised the Marines
let you in here
148
00:07:57,492 --> 00:07:59,260
dressed like that,
Sergeant Major.
149
00:07:59,294 --> 00:08:00,411
All due respect,
Commander,
150
00:08:00,445 --> 00:08:03,181
I'm surprised they let
a Navy officer in here.
151
00:08:03,215 --> 00:08:05,716
I'm investigating the
incident in Kirkuk.
152
00:08:05,750 --> 00:08:08,102
You were there,
advising the Iraqis?
153
00:08:08,136 --> 00:08:09,554
That's affirmative, sir.
154
00:08:09,588 --> 00:08:11,890
Care to define
"advising" for me?
155
00:08:11,924 --> 00:08:13,725
I work for Battlefield
Solutions.
156
00:08:13,759 --> 00:08:18,229
My team provides training
in weapons, electronics,
157
00:08:18,263 --> 00:08:20,532
leadership skills
in the field.
158
00:08:20,566 --> 00:08:22,951
So you were providing
lessons in the field?
159
00:08:22,985 --> 00:08:25,069
Sir, in Iraq,
leading and advising
160
00:08:25,103 --> 00:08:26,738
are often one in the same.
161
00:08:26,772 --> 00:08:28,406
Did you inform
Marine headquarters
162
00:08:28,440 --> 00:08:30,291
of your movements?
I did.
163
00:08:30,325 --> 00:08:31,743
Well, how'd the
firefight start?
164
00:08:31,777 --> 00:08:33,578
Well, it was dark.
165
00:08:33,612 --> 00:08:34,912
Pipeline attacks
in the area
166
00:08:34,946 --> 00:08:36,414
filled the battlefield
with smoke,
167
00:08:36,448 --> 00:08:38,249
made it tough
to see, but...
168
00:08:38,283 --> 00:08:40,251
all I know
is those Iraqi boys
169
00:08:40,285 --> 00:08:43,588
I was advising
did not engage until engaged.
170
00:08:43,622 --> 00:08:46,257
So you're saying
the Marines fired first?
171
00:08:46,291 --> 00:08:50,094
Maybe. Maybe one of Aziz's
bodyguards got jumpy.
172
00:08:50,128 --> 00:08:51,596
Somebody did.
173
00:08:51,630 --> 00:08:54,899
You know, I'm not sensing
a lot of remorse in your voice.
174
00:08:54,933 --> 00:08:58,553
Well, sir, there's a difference
between remorse and regret.
175
00:08:58,587 --> 00:09:00,388
I've been war-fighting
a long time.
176
00:09:00,422 --> 00:09:02,557
I am sorry about what happened
to that boy,
177
00:09:02,591 --> 00:09:04,892
but in combat, people die.
178
00:09:04,926 --> 00:09:08,563
In the fog of war,
errors occur on all sides.
179
00:09:08,581 --> 00:09:11,065
Be careful how loudly
you blame the Marines.
180
00:09:11,100 --> 00:09:13,334
There's a lot of loaded weapons
around here.
181
00:09:13,419 --> 00:09:15,719
Just telling the truth, sir.
182
00:09:15,754 --> 00:09:18,055
Look, I may be a paid gun,
183
00:09:18,090 --> 00:09:19,723
but my allegiance
is to my country.
184
00:09:19,758 --> 00:09:23,060
My roots are in the Corps-
22 years enlisted.
185
00:09:23,095 --> 00:09:25,396
Now, the facts
are in the after-action report
186
00:09:25,430 --> 00:09:26,563
I filed with my employer.
187
00:09:26,598 --> 00:09:28,032
I suggest you read it.
188
00:09:29,802 --> 00:09:31,002
We interviewed the Marines.
189
00:09:31,036 --> 00:09:33,070
They all said they didn't fire
until fired upon.
190
00:09:33,105 --> 00:09:35,072
The same goes with the
retired Sergeant Major
191
00:09:35,107 --> 00:09:36,573
and his team
of advisors.
192
00:09:36,608 --> 00:09:38,676
They all filed independent after
- action reports
193
00:09:38,711 --> 00:09:41,078
claiming they followed the
rules of engagement to a "T".
194
00:09:41,113 --> 00:09:43,648
Huh. Sounds like a friendly fire
incident, plain and simple.
195
00:09:43,682 --> 00:09:45,149
Those are
the after-action reports?
196
00:09:45,183 --> 00:09:46,550
What are the blacked-out
sections?
197
00:09:46,585 --> 00:09:47,918
CIA controls
all information
198
00:09:47,953 --> 00:09:50,420
regarding private contractors
in Iraq.
199
00:09:50,455 --> 00:09:52,056
Something bothering
you, Colonel?
200
00:09:52,090 --> 00:09:53,223
Lieutenant DiTullio.
201
00:09:53,258 --> 00:09:54,959
He seemed to have
a problem with the role
202
00:09:54,993 --> 00:09:56,160
of the advisors
in all this.
203
00:09:56,194 --> 00:09:57,394
Well, I don't doubt it,
204
00:09:57,428 --> 00:09:59,429
considering one of
his men was killed,
205
00:09:59,464 --> 00:10:01,932
but, uh, from what you've
told me, I see no culpability.
206
00:10:01,967 --> 00:10:03,400
Agreed?
207
00:10:05,303 --> 00:10:07,604
Something bothering
you, Mac?
208
00:10:07,639 --> 00:10:10,941
No. Nothing.
209
00:10:10,976 --> 00:10:12,442
I'd like your
reports on my desk
210
00:10:12,477 --> 00:10:13,944
by end of business,
tomorrow.
211
00:10:13,979 --> 00:10:16,697
Good to be
the king, huh?
212
00:10:16,731 --> 00:10:18,448
Excuse me, Colonel
MacKenzie?
213
00:10:18,483 --> 00:10:20,785
Yeah.
This is Mrs. Sheehy.
214
00:10:20,819 --> 00:10:23,954
Ann.
Corporal Sheehy's widow.
215
00:10:24,023 --> 00:10:25,289
Thank you,
Petty Officer.
216
00:10:25,324 --> 00:10:27,692
I'm so sorry
for your loss.
217
00:10:27,726 --> 00:10:29,810
I understand
that you're conducting
218
00:10:29,844 --> 00:10:32,646
this investigation,
and... I was hoping
219
00:10:32,680 --> 00:10:34,881
that I could ask you
some questions.
220
00:10:34,916 --> 00:10:38,136
All I can say
is that for now,
221
00:10:38,170 --> 00:10:40,638
it looks like what
happened was...
222
00:10:40,673 --> 00:10:42,140
a regrettable
mistake.
223
00:10:42,174 --> 00:10:44,475
This in no way diminishes
your husband's sacrifice
224
00:10:44,509 --> 00:10:47,578
or my sorrow
for your loss.
225
00:10:47,596 --> 00:10:51,148
I don't want
your sympathy, Colonel.
226
00:10:51,182 --> 00:10:52,850
I want justice.
227
00:10:52,885 --> 00:10:53,934
I understand...
228
00:10:53,969 --> 00:10:55,519
No, I don't think
you do.
229
00:10:55,554 --> 00:10:57,922
You're wrong if you think
what happened
230
00:10:57,956 --> 00:11:00,591
to my husband over there
was a mistake.
231
00:11:00,625 --> 00:11:02,593
My husband was murdered,
Colonel,
232
00:11:02,627 --> 00:11:05,263
at the hands of some very
trigger-happy mercenaries-
233
00:11:05,297 --> 00:11:07,197
soldiers-of-fortune.
234
00:11:08,233 --> 00:11:11,936
You don't believe me?
235
00:11:11,970 --> 00:11:13,404
I have proof.
236
00:11:14,707 --> 00:11:16,757
It's all in here.
237
00:11:27,402 --> 00:11:29,971
Since Commander Rabb
is also investigating,
238
00:11:30,006 --> 00:11:31,973
I've asked him
to join us.
239
00:11:32,007 --> 00:11:33,757
My condolences, Mrs. Sheehy.
240
00:11:33,792 --> 00:11:35,793
I, uh... I've spoken
with members
241
00:11:35,828 --> 00:11:37,228
of the Corporal's unit.
242
00:11:37,262 --> 00:11:41,098
They... they describe him
as a good man and a fine Marine.
243
00:11:41,133 --> 00:11:42,833
He's a good husband, too.
244
00:11:44,236 --> 00:11:47,338
When Paul went to Iraq,
he promised to e-mail me
245
00:11:47,372 --> 00:11:49,606
as much as he could.
246
00:11:49,640 --> 00:11:52,776
They're how I know
his death was no accident.
247
00:11:52,845 --> 00:11:56,264
Colonel MacKenzie said that, uh,
he described many incidents
248
00:11:56,298 --> 00:11:58,632
involving private
military contractors.
249
00:11:58,717 --> 00:12:00,167
That's right.
See, I told Paul
250
00:12:00,202 --> 00:12:03,003
that I didn't want him
sugar-coating for my benefit.
251
00:12:03,037 --> 00:12:05,439
I wanted to know
what was happening over there.
252
00:12:05,474 --> 00:12:07,274
So, he told me.
I mean, it's all...
253
00:12:07,309 --> 00:12:08,875
It's all here.
254
00:12:08,910 --> 00:12:11,361
"4 May.
255
00:12:11,396 --> 00:12:13,046
"It's another crazy morning,
honey.
256
00:12:13,081 --> 00:12:15,149
"Our mercenary friends are
at it again.
257
00:12:15,200 --> 00:12:18,085
"They sped into the village
that we were patrolling.
258
00:12:18,120 --> 00:12:19,820
"They needed fuel
for their SUVs,
259
00:12:19,854 --> 00:12:21,589
"so they hijacked a gas station.
260
00:12:21,623 --> 00:12:22,923
"They almost caused a riot.
261
00:12:24,042 --> 00:12:24,992
"We held back the mob,
262
00:12:25,026 --> 00:12:26,794
"lots of locals
with serious fire power.
263
00:12:26,795 --> 00:12:29,463
"The Lieutenant told the cowboys
just to gas up and go.
264
00:12:29,498 --> 00:12:31,465
I thought for sure
we'd get shot at. "
265
00:12:33,252 --> 00:12:35,118
"12 May.
266
00:12:35,153 --> 00:12:38,422
"Caught one of the rent-a-grunts
pistol-whipping an Iraqi.
267
00:12:38,456 --> 00:12:39,890
"I ordered him to stop.
268
00:12:39,925 --> 00:12:41,241
"He aimed his weapon at me.
269
00:12:41,276 --> 00:12:42,610
"I raised mine.
270
00:12:42,644 --> 00:12:43,944
"Finally, he backed down.
271
00:12:43,978 --> 00:12:45,946
"These guys have no respect
for military rules.
272
00:12:45,980 --> 00:12:47,147
They're dangerous. "
273
00:12:49,184 --> 00:12:51,952
Now they're guilty
of murdering my husband.
274
00:12:51,987 --> 00:12:54,988
Ma'am, we appreciate
you coming forward
275
00:12:55,023 --> 00:12:57,525
with this information. Um...
276
00:12:57,609 --> 00:12:58,659
But...
277
00:12:58,694 --> 00:12:59,977
Previous conduct
278
00:13:00,011 --> 00:13:02,880
by unnamed military contractors
does not qualify as evidence.
279
00:13:02,948 --> 00:13:05,048
Yes, but Paul named
Battlefield Solutions
280
00:13:05,083 --> 00:13:06,150
by name, Commander.
281
00:13:06,184 --> 00:13:08,753
The man who pointed the gun
at him was retired
282
00:13:08,787 --> 00:13:10,187
Sergeant Major Tom Elgart.
283
00:13:10,221 --> 00:13:11,455
We understand your anger,
284
00:13:11,489 --> 00:13:13,507
Mrs. Sheehy, but
military rules of evidence
285
00:13:13,542 --> 00:13:15,525
severely limit admissibility
of prior acts.
286
00:13:15,560 --> 00:13:18,629
What, so you won't do anything?
287
00:13:18,680 --> 00:13:19,980
But I...
288
00:13:20,015 --> 00:13:22,633
I have these letters.
289
00:13:22,718 --> 00:13:24,852
I'm sorry.
290
00:13:24,853 --> 00:13:26,554
I don't know what the law says.
291
00:13:26,638 --> 00:13:29,489
But what does it say about us
when we are willing
292
00:13:29,558 --> 00:13:31,993
to send our men and women
over there to defend us,
293
00:13:32,028 --> 00:13:33,895
but we're not willing
to defend them
294
00:13:33,929 --> 00:13:36,597
when they're threatened
by some gun-toting cowboys
295
00:13:36,632 --> 00:13:39,734
hired by our own government?
296
00:13:39,769 --> 00:13:42,837
How can you let that stand?
297
00:13:56,919 --> 00:13:58,352
She got to you,
didn't she?
298
00:13:58,386 --> 00:14:00,020
This isn't about me, Harm.
299
00:14:00,054 --> 00:14:01,755
This investigation isn't over.
300
00:14:01,789 --> 00:14:03,957
Look, listen to this e-mail.
301
00:14:03,991 --> 00:14:06,460
"28 May. Last night we stumbled
on an Iraqi C-D-C unit
302
00:14:06,494 --> 00:14:08,262
"hunting Fedayeen,
almost engaged them.
303
00:14:08,296 --> 00:14:10,598
"The Lieutenant got into it
with the lead advisor,
304
00:14:10,632 --> 00:14:12,766
"the same former Marine
I had my showdown with.
305
00:14:12,800 --> 00:14:15,402
I swear, sooner or later,
one of us is gonna get killed. "
306
00:14:15,437 --> 00:14:17,471
We're still talking
past acts, Mac.
307
00:14:17,505 --> 00:14:19,106
It's a carbon-copy
incident, Harm,
308
00:14:19,140 --> 00:14:20,907
one week before
Corporal Sheehy died.
309
00:14:20,942 --> 00:14:22,610
Now, that says pattern
of behavior.
310
00:14:22,644 --> 00:14:24,278
Now, they're a bunch
of hired guns
311
00:14:24,312 --> 00:14:25,579
putting innocent civilians
312
00:14:25,614 --> 00:14:27,748
and our own military people's
lives at risk.
313
00:14:27,782 --> 00:14:30,517
Private contractors are
out of our jurisdiction.
314
00:14:30,552 --> 00:14:32,119
The facts aren't.
315
00:14:32,153 --> 00:14:34,405
All I'm suggesting is a visit
to Elgart's bosses
316
00:14:34,439 --> 00:14:36,773
to sort this out.
317
00:14:38,627 --> 00:14:40,094
Thank you for seeing us,
318
00:14:40,128 --> 00:14:41,328
Commander Merrick.
319
00:14:41,362 --> 00:14:42,997
The Colonel and I
were quite surprised
320
00:14:43,031 --> 00:14:45,132
to find your name listed
as CEO of the company.
321
00:14:45,166 --> 00:14:46,967
Well, it still surprises me.
322
00:14:47,002 --> 00:14:48,836
By the way,
please lose the "Commander. "
323
00:14:48,870 --> 00:14:50,470
I hung up my uniform
some time ago.
324
00:14:50,505 --> 00:14:52,205
Three-and-a-half years,
as I recall.
325
00:14:52,240 --> 00:14:53,941
Your court-martial
for the collision
326
00:14:53,975 --> 00:14:56,209
with the destroyer is a case
we wish we'd won.
327
00:14:56,244 --> 00:14:58,712
Well, you did keep me out
of Leavenworth, thank goodness.
328
00:14:58,747 --> 00:15:01,048
And I haven't done half bad
since I've left the Navy.
329
00:15:01,083 --> 00:15:04,251
No, 150 million in revenues
last year is not too bad.
330
00:15:04,285 --> 00:15:06,586
War looks pretty clean
around here.
331
00:15:06,621 --> 00:15:08,588
Oh, no, sir. There's nothing
clean about the war.
332
00:15:08,623 --> 00:15:09,923
You know that, Commander.
333
00:15:09,958 --> 00:15:11,475
Your company's been
involved in Iraq
334
00:15:11,509 --> 00:15:13,611
from the beginning of
hostilities, correct?
335
00:15:13,645 --> 00:15:17,180
Well, in the first few months,
we concentrated on logistics-
336
00:15:17,215 --> 00:15:19,717
laundry, meal service,
vehicle maintenance.
337
00:15:19,751 --> 00:15:22,152
Those things
the military contracts out?
338
00:15:22,186 --> 00:15:24,388
Well, since the post-Cold War
cutbacks,
339
00:15:24,422 --> 00:15:27,891
small private firms like this
have become a necessity in war.
340
00:15:27,925 --> 00:15:29,826
There are thousands
of contractors
341
00:15:29,861 --> 00:15:31,428
in Iraq right now.
342
00:15:31,463 --> 00:15:33,130
They're not just
washing clothes
343
00:15:33,164 --> 00:15:34,598
and serving
MREs, either.
344
00:15:34,633 --> 00:15:36,199
No.
345
00:15:36,234 --> 00:15:38,068
Uh, more recently,
we've been involved
346
00:15:38,102 --> 00:15:40,036
in intelligence gathering
and training.
347
00:15:40,071 --> 00:15:41,772
They're ready for
you, Mr. Merrick.
348
00:15:41,806 --> 00:15:43,607
Let them know
I'll be right there.
349
00:15:43,641 --> 00:15:44,658
All right.
Thank you.
350
00:15:44,693 --> 00:15:46,627
What is your opinion
of Tom Elgart?
351
00:15:46,661 --> 00:15:48,128
Well, I hire the best.
352
00:15:48,162 --> 00:15:49,997
They're all
former military.
353
00:15:50,031 --> 00:15:52,833
Pros, and for that,
I pay them very well.
354
00:15:52,867 --> 00:15:55,102
150 grand a year,
plus benefits.
355
00:15:55,137 --> 00:15:57,738
I give them stock
options, 401Ks.
356
00:15:57,772 --> 00:16:00,708
Well, beats base pay
for senior enlisted, doesn't it?
357
00:16:00,742 --> 00:16:03,476
And the military spit-shine
so many of these guys
358
00:16:03,511 --> 00:16:04,561
grow tired of.
359
00:16:04,595 --> 00:16:05,695
Well, one man's spit-shine
360
00:16:05,730 --> 00:16:07,530
is another man's good order
and discipline.
361
00:16:07,565 --> 00:16:08,899
I know plenty
about good order
362
00:16:08,933 --> 00:16:10,000
and discipline,
Colonel.
363
00:16:10,034 --> 00:16:12,136
I know. We watched you fall
on your sword once
364
00:16:12,170 --> 00:16:13,503
to protect your subordinates.
365
00:16:13,537 --> 00:16:15,022
You sacrificed your career.
366
00:16:15,056 --> 00:16:17,174
Well, I have
another career now.
367
00:16:17,208 --> 00:16:19,242
Um, I know why
you two are here.
368
00:16:19,277 --> 00:16:21,312
I received a letter
this morning
369
00:16:21,346 --> 00:16:23,280
from Corporal
Sheehy's widow.
370
00:16:23,314 --> 00:16:24,431
You deny the charges?
371
00:16:24,465 --> 00:16:25,532
No.
372
00:16:25,617 --> 00:16:26,650
Nor will I confirm them.
373
00:16:26,684 --> 00:16:28,919
If my men have been
crossing the line in Iraq,
374
00:16:28,954 --> 00:16:30,871
I will get to
the bottom of it.
375
00:16:30,906 --> 00:16:32,789
Well, where do you draw
your line?
376
00:16:32,791 --> 00:16:34,658
My people aren't directly
subject to the UCMJ,
377
00:16:34,692 --> 00:16:35,759
but they are accountable.
378
00:16:35,793 --> 00:16:37,528
They adhere to strict
rules of conduct
379
00:16:37,562 --> 00:16:39,596
set forth in our company's
contractual agreement
380
00:16:39,631 --> 00:16:40,631
with the Pentagon.
381
00:16:40,632 --> 00:16:42,516
I'd like to see
that agreement.
382
00:16:42,551 --> 00:16:44,869
Okay. I'll make sure
you get a copy of it.
383
00:16:44,903 --> 00:16:46,971
Trust me, if there's
been wrongdoing,
384
00:16:47,005 --> 00:16:48,338
Tom Elgart's gonna wish
385
00:16:48,373 --> 00:16:50,240
he had the UCMJ
on his side.
386
00:16:55,097 --> 00:16:57,464
Whoa! Easy on the peanut oil!
387
00:16:57,498 --> 00:16:58,933
Sorry, sir.
388
00:16:58,967 --> 00:17:01,368
I had no idea a nut product
could be so combustible.
389
00:17:01,402 --> 00:17:02,836
It's under
control, though.
390
00:17:02,854 --> 00:17:04,488
Hey.
391
00:17:04,523 --> 00:17:05,289
Hi, Mattie.
392
00:17:05,407 --> 00:17:06,440
You take an earlier bus?
393
00:17:06,474 --> 00:17:07,541
I caught a ride.
394
00:17:07,575 --> 00:17:08,809
Evening, Commander.
Hey, Tom.
395
00:17:08,843 --> 00:17:10,878
I've got a couple days business
up here in town,
396
00:17:10,912 --> 00:17:12,379
so thought
I'd drive Mattie myself.
397
00:17:12,414 --> 00:17:13,781
Oh, good.
Join us for dinner.
398
00:17:13,815 --> 00:17:15,816
You're
cooking?
399
00:17:15,834 --> 00:17:17,050
We wanted to
surprise you
400
00:17:17,085 --> 00:17:18,134
with a welcome
home dinner.
401
00:17:18,169 --> 00:17:20,437
Oh, sorry.
I didn't mean to impose.
402
00:17:20,472 --> 00:17:21,805
You're not imposing.
403
00:17:21,840 --> 00:17:25,175
That's okay. We've already
had a nice long visit.
404
00:17:25,210 --> 00:17:26,476
Dumping me on the doorstep?
405
00:17:26,545 --> 00:17:28,979
Hardly. I just think that
the sooner you settle back in
406
00:17:29,014 --> 00:17:31,581
with the Commander and Jennifer,
the better, that's all.
407
00:17:31,616 --> 00:17:32,983
I can't see how
a little dinner
408
00:17:33,018 --> 00:17:34,784
is gonna stand in
the way of that.
409
00:17:34,803 --> 00:17:35,869
I could use
some help.
410
00:17:35,887 --> 00:17:37,020
Come on, Dad.
411
00:17:37,055 --> 00:17:38,355
You need to eat.
412
00:17:38,390 --> 00:17:40,257
Come on.
Come on.
413
00:17:40,292 --> 00:17:42,075
Okay.
414
00:17:42,110 --> 00:17:44,261
I hate to do this to you, sir,
415
00:17:44,295 --> 00:17:46,863
but I have finished
the requisition reports,
416
00:17:46,898 --> 00:17:49,125
and I need your signature.
417
00:17:49,160 --> 00:17:51,352
Did the Admiral
ever complain
418
00:17:51,369 --> 00:17:52,486
of carpal-tunnel
syndrome?
419
00:17:52,520 --> 00:17:55,656
SEALs don't complain, sir.
420
00:17:55,657 --> 00:17:58,174
Any new word
on the next JAG, sir?
421
00:17:58,209 --> 00:18:00,143
Rumor mill's still turning.
422
00:18:01,246 --> 00:18:02,713
Well, I better get out of here.
423
00:18:02,747 --> 00:18:04,948
Harriet wants me
to pick up some, uh, goulash
424
00:18:04,982 --> 00:18:06,149
and a jar of gherkins.
425
00:18:06,168 --> 00:18:07,885
She having cravings?
426
00:18:07,919 --> 00:18:10,587
Actually, they're for me, sir.
427
00:18:10,639 --> 00:18:11,872
Good night, Commander.
428
00:18:11,906 --> 00:18:12,906
Good night, sir.
429
00:18:14,926 --> 00:18:16,126
Bud?
430
00:18:18,013 --> 00:18:19,913
Do you have a problem
with my management style?
431
00:18:19,931 --> 00:18:22,532
No, sir.
432
00:18:22,566 --> 00:18:24,902
I think that your style is, uh,
433
00:18:24,936 --> 00:18:27,137
very straightforward, sir.
434
00:18:27,239 --> 00:18:29,256
You being diplomatic,
Mr. Roberts?
435
00:18:31,459 --> 00:18:33,627
I don't know
how to answer that, sir.
436
00:18:33,662 --> 00:18:35,245
I seem to have run afoul
437
00:18:35,280 --> 00:18:37,481
of my old colleagues
here at JAG.
438
00:18:39,150 --> 00:18:40,417
Well...
439
00:18:40,452 --> 00:18:42,419
sometimes there's not a lot
of room at the top
440
00:18:42,454 --> 00:18:44,988
for friendship, Commander.
441
00:18:47,858 --> 00:18:50,360
That was quite
a dinner, thanks.
442
00:18:50,378 --> 00:18:51,478
No, thank you.
443
00:18:51,512 --> 00:18:53,647
I was headed for disaster.
444
00:18:53,682 --> 00:18:55,916
Hmm. When I was a kid,
445
00:18:55,950 --> 00:18:57,885
almost every Saturday,
Dad would cook.
446
00:18:59,554 --> 00:19:01,722
Tom, you said you were
in town for business?
447
00:19:01,723 --> 00:19:03,673
Yup, got appointments
at a few banks.
448
00:19:03,708 --> 00:19:05,008
Trying to secure a loan
449
00:19:05,042 --> 00:19:07,010
to start up
Grace Aviation again.
450
00:19:07,028 --> 00:19:08,412
We went out to the airfield.
451
00:19:08,446 --> 00:19:10,213
Hangar's under new ownership.
452
00:19:10,232 --> 00:19:12,332
We talked to
the manager.
453
00:19:12,366 --> 00:19:15,352
He said he'd cut us a deal,
rent it to us at the old rate.
454
00:19:15,387 --> 00:19:18,288
Grace Aviation will
be flying again.
455
00:19:18,323 --> 00:19:20,657
Wow, you two
have been busy, huh?
456
00:19:20,709 --> 00:19:21,942
Mattie's been a big help.
457
00:19:21,960 --> 00:19:23,677
So that explains
458
00:19:23,712 --> 00:19:25,245
the extra week in Blacksburg.
459
00:19:26,915 --> 00:19:28,949
And here I thought you
were delayed because of a boy.
460
00:19:28,983 --> 00:19:30,600
That, too.
461
00:19:30,635 --> 00:19:32,402
Well, don't worry.
Mattie knows
462
00:19:32,436 --> 00:19:34,088
it's time to get back
to the books.
463
00:19:34,122 --> 00:19:37,124
Boys and airplanes are
just going to have to wait.
464
00:19:37,158 --> 00:19:39,226
There's always e-mail.
465
00:19:41,896 --> 00:19:44,080
I appreciate your help,
Colonel.
466
00:19:44,115 --> 00:19:46,433
Not a problem.
467
00:19:46,467 --> 00:19:47,634
About the other day...
468
00:19:47,668 --> 00:19:49,269
I'm sorry
if I was out of line.
469
00:19:49,304 --> 00:19:50,270
No, you weren't.
470
00:19:50,305 --> 00:19:51,805
What you said was true.
471
00:19:51,839 --> 00:19:54,741
It's up to us to make sure
your husband didn't die in vain.
472
00:19:56,044 --> 00:19:57,844
Thank you.
473
00:20:03,851 --> 00:20:05,018
What's going on, Mac?
474
00:20:05,053 --> 00:20:06,586
Just giving
some legal advice.
475
00:20:06,620 --> 00:20:08,221
She's considering
a civil suit
476
00:20:08,256 --> 00:20:09,889
against
Battlefield Solutions.
477
00:20:09,924 --> 00:20:11,825
Is that her idea
or yours?
478
00:20:11,859 --> 00:20:14,227
I read over Battlefield
Solution's Pentagon contract, Harm.
479
00:20:14,262 --> 00:20:15,728
The past few months,
480
00:20:15,763 --> 00:20:18,398
Tom Elgart has violated at least
a half a dozen rules of conduct.
481
00:20:18,433 --> 00:20:19,732
All that matters
is what happened
482
00:20:19,767 --> 00:20:21,318
four days ago
in Kirkuk.
483
00:20:21,352 --> 00:20:23,053
I know, but that's
the damning part.
484
00:20:23,087 --> 00:20:25,689
Tom Elgart sent a message to
Marine headquarters in Kirkuk
485
00:20:25,723 --> 00:20:27,123
detailing the Iraqi troops'
movements.
486
00:20:27,158 --> 00:20:29,125
Yeah, it was in his
after-action report.
487
00:20:29,160 --> 00:20:30,627
Yeah, one detail
he left out.
488
00:20:30,662 --> 00:20:32,663
He never waited for confirmation
that headquarters
489
00:20:32,697 --> 00:20:34,298
had notified Marine units
in the field,
490
00:20:34,332 --> 00:20:36,533
a violation
of his company's policy.
491
00:20:36,568 --> 00:20:37,751
What else?
492
00:20:37,786 --> 00:20:39,536
Well, Marine eyewitnesses
reported that Elgart
493
00:20:39,571 --> 00:20:40,604
was carrying a weapon.
494
00:20:40,638 --> 00:20:41,905
Another violation.
495
00:20:41,906 --> 00:20:43,791
Mac, I'm not trying
to stick up for the guy.
496
00:20:43,825 --> 00:20:45,692
However, he was operating
in a war zone.
497
00:20:45,726 --> 00:20:46,593
Negligently.
498
00:20:46,628 --> 00:20:48,595
What happened was tragic.
499
00:20:48,630 --> 00:20:51,081
However, Elgart is out
of our jurisdiction.
500
00:20:51,116 --> 00:20:53,517
He's Battlefield
Solution's problem now.
501
00:20:53,585 --> 00:20:55,385
Retired Commander Merrick
was a hell of a skipper
502
00:20:55,420 --> 00:20:56,420
when he was in the Navy.
503
00:20:56,454 --> 00:20:57,754
He's an honorable man.
504
00:20:57,756 --> 00:21:00,507
We can trust him to
investigate his own people.
505
00:21:00,541 --> 00:21:01,458
Fine and then what?
506
00:21:01,492 --> 00:21:03,693
A Marine dies,
and Tom Elgart gets fired?
507
00:21:03,728 --> 00:21:05,228
That's it?
What are you suggesting?
508
00:21:05,263 --> 00:21:09,149
We have a SECNAV authorize
prosecuting a retired Marine?
509
00:21:09,183 --> 00:21:10,817
Were you two planning to tell me
510
00:21:10,852 --> 00:21:13,820
you were still pursuing the
friendly fire incident in Kirkuk?
511
00:21:13,855 --> 00:21:15,522
We just assumed
you would endorse
512
00:21:15,556 --> 00:21:17,057
our continued due diligence.
513
00:21:17,091 --> 00:21:18,475
I am not laughing, Harm!
514
00:21:18,509 --> 00:21:20,444
I just got a call
from SECNAV,
515
00:21:20,445 --> 00:21:21,962
asking why we're
investigating
516
00:21:21,996 --> 00:21:24,631
one of the Pentagon's private
military contractors in Iraq.
517
00:21:24,666 --> 00:21:26,116
I did not have an answer!
518
00:21:26,150 --> 00:21:27,401
Sturgis, I think we have a case.
519
00:21:27,435 --> 00:21:29,152
I'm not so sure we do.
520
00:21:29,186 --> 00:21:29,986
I agree with Harm
521
00:21:30,021 --> 00:21:32,773
for a change,
but SECNAV doesn't.
522
00:21:32,841 --> 00:21:33,990
Headquarters Marine Corps
523
00:21:34,024 --> 00:21:35,692
forwarded Ann Sheehy's
allegations
524
00:21:35,727 --> 00:21:37,461
to his office, along
with preferred charges.
525
00:21:37,495 --> 00:21:39,713
He's directed that
526
00:21:39,748 --> 00:21:40,964
retired Sergeant
Major Elgart report
527
00:21:40,998 --> 00:21:42,265
and appear
at court-martial.
528
00:21:42,300 --> 00:21:43,950
Don't look at me.
529
00:21:43,984 --> 00:21:45,552
It seems retired
Commander Merrick
530
00:21:45,586 --> 00:21:47,120
was sufficiently
distressed
531
00:21:47,155 --> 00:21:49,806
by the behavior of his employee
that he made the call himself.
532
00:21:50,958 --> 00:21:52,092
Colonel, you'll prosecute.
533
00:21:52,126 --> 00:21:53,176
Commander,
you'll defend.
534
00:21:53,210 --> 00:21:54,311
Oh, I'm not so sure
535
00:21:54,345 --> 00:21:55,545
the Retired Marine
Sergeant Major
536
00:21:55,580 --> 00:21:57,147
is going to appreciate
that decision.
537
00:21:57,181 --> 00:21:59,882
He's the one
who requested you.
538
00:21:59,917 --> 00:22:01,768
I suggest you get
your client
539
00:22:01,802 --> 00:22:02,669
a haircut and a shave
540
00:22:02,787 --> 00:22:06,856
and tell him to get
his uniform pressed.
541
00:22:06,891 --> 00:22:09,493
Proceedings begin
Monday, 0900.
542
00:22:20,188 --> 00:22:23,257
I'm surprised you requested me
as defense counsel,
543
00:22:23,308 --> 00:22:24,390
Sergeant Major...
544
00:22:24,425 --> 00:22:26,292
Facing negligent
homicide,
545
00:22:26,327 --> 00:22:28,528
I'd rather have you
in my corner
546
00:22:28,562 --> 00:22:31,497
than some legal weenie
devil-I-don't-know.
547
00:22:31,532 --> 00:22:33,666
I'll take that
as a compliment.
548
00:22:33,701 --> 00:22:36,970
You can take this
as a warning, Sergeant Major.
549
00:22:37,004 --> 00:22:39,072
Flash that attitude
on the stand and we're done.
550
00:22:39,107 --> 00:22:42,709
I know only one
way, sir- truth.
551
00:22:42,744 --> 00:22:44,945
Yeah, you said that last time.
552
00:22:44,979 --> 00:22:48,115
Before you neglected
some, uh, important facts.
553
00:22:48,166 --> 00:22:52,286
You're referring to
Mrs. Sheehy's allegations.
554
00:22:52,320 --> 00:22:54,088
Among other things.
555
00:22:54,122 --> 00:22:57,691
You try being a hired
gun in Iraq, sir.
556
00:22:57,725 --> 00:23:03,464
The enemy doesn't play by the
rules, so we have to bend them.
557
00:23:03,515 --> 00:23:05,765
By driving recklessly
through villages,
558
00:23:05,800 --> 00:23:09,202
armed takeovers of gas stations,
pistol-whipping civilians?
559
00:23:09,270 --> 00:23:10,453
I remind you what happened
560
00:23:10,487 --> 00:23:13,122
to four contractors in
Falluja this past spring:
561
00:23:13,157 --> 00:23:15,959
murdered, mutilated, burned
and hung from a bridge,
562
00:23:15,993 --> 00:23:18,862
not to mention more
recent atrocities.
563
00:23:18,896 --> 00:23:22,098
We drive fast because
if we don't, we're dead.
564
00:23:22,132 --> 00:23:26,036
We crash gas stations 'cause
if we run dry, we're dead.
565
00:23:26,070 --> 00:23:29,272
We wait in line...
we're dead.
566
00:23:29,374 --> 00:23:31,057
And the beating of civilians?
567
00:23:32,109 --> 00:23:36,112
That was a situation where...
568
00:23:36,146 --> 00:23:38,081
I was extracting information.
569
00:23:38,115 --> 00:23:40,417
The beating of this civilian-
did it have anything to do
570
00:23:40,451 --> 00:23:42,052
with the terrorists
you were pursuing
571
00:23:42,086 --> 00:23:44,838
the night
of the incident?
572
00:23:44,872 --> 00:23:47,824
Look, Sergeant Major,
you want me to represent you,
573
00:23:47,858 --> 00:23:50,093
you're going to have
to come clean.
574
00:23:50,127 --> 00:23:54,581
What happened to
those guys in Falluja,
575
00:23:54,615 --> 00:23:56,483
that happened
to one of my men.
576
00:23:56,517 --> 00:23:58,452
It just didn't
make the papers.
577
00:23:58,486 --> 00:24:01,188
It's one of the selling
points of us hired guns-
578
00:24:01,222 --> 00:24:03,023
we slip into body
bags real easy.
579
00:24:03,057 --> 00:24:06,426
What happened?
580
00:24:06,461 --> 00:24:09,896
Insurgents caught my number two
guy alone at a checkpoint.
581
00:24:12,200 --> 00:24:13,600
By the time we found him,
582
00:24:13,634 --> 00:24:16,303
there wasn't much left
to put in a body bag.
583
00:24:16,337 --> 00:24:18,138
The terrorist
you were pursuing-
584
00:24:18,173 --> 00:24:20,106
this was the insurgents' leader.
585
00:24:22,810 --> 00:24:23,777
Yeah, I know.
586
00:24:23,811 --> 00:24:25,179
It sounds like a great motive
587
00:24:25,213 --> 00:24:27,447
for some trigger-happy
mercenary to go blasting
588
00:24:27,482 --> 00:24:30,517
into a city street and end up
killing a young Marine, right?
589
00:24:30,551 --> 00:24:32,986
Well, that's definitely
what the government's
590
00:24:33,020 --> 00:24:34,354
going to try to prove.
591
00:24:34,388 --> 00:24:40,176
Sir, I spent 22 years
in the Marine Corps.
592
00:24:40,210 --> 00:24:41,778
I'm a pro.
593
00:24:41,813 --> 00:24:47,083
I never fired on anybody that
didn't fire at me first... sir.
594
00:24:49,820 --> 00:24:51,871
Lieutenant, your fire team
was providing perimeter security
595
00:24:51,906 --> 00:24:54,207
for Kurdish leader Mohammed Aziz
on the night in question.
596
00:24:54,242 --> 00:24:56,159
Tell us what happened.
597
00:24:56,194 --> 00:24:59,212
We were hunkered down,
shadowing Aziz's bodyguards.
598
00:24:59,247 --> 00:25:00,980
Next thing, it's a firefight.
599
00:25:01,015 --> 00:25:04,951
My gunny was hit...
my corporal killed.
600
00:25:04,985 --> 00:25:07,354
Who fired first,
Lieutenant?
601
00:25:07,388 --> 00:25:09,973
The muzzle flashes I saw came
from the archway, Colonel.
602
00:25:10,007 --> 00:25:13,059
Where the accused and his Iraqi
Civil Defense Corps trainees
603
00:25:13,094 --> 00:25:14,361
were positioned.
604
00:25:14,395 --> 00:25:16,263
Did you have any idea
they were there?
605
00:25:16,297 --> 00:25:17,413
We'd received no word
606
00:25:17,448 --> 00:25:20,150
of Iraqi troop movement
in the area, ma'am.
607
00:25:20,184 --> 00:25:21,602
Thank you, Lieutenant.
608
00:25:21,636 --> 00:25:23,737
Lieutenant, you've stated
in your debriefing
609
00:25:23,771 --> 00:25:25,605
that you had trouble
with your field radio.
610
00:25:25,639 --> 00:25:28,008
Is it possible that headquarters
tried to get ahold of you
611
00:25:28,042 --> 00:25:29,542
and just couldn't?
612
00:25:29,577 --> 00:25:33,363
Yes, but the onus is still on
the Iraqis and their advisors
613
00:25:33,398 --> 00:25:34,898
to make their presence known,
sir.
614
00:25:34,932 --> 00:25:37,834
Aziz's bodyguards had AK-47s.
615
00:25:37,868 --> 00:25:40,120
They were between
you and the Iraqis.
616
00:25:40,154 --> 00:25:43,339
Given the conditions,
Lieutenant, is it possible
617
00:25:43,374 --> 00:25:46,192
the flashes you saw
came from Aziz's men
618
00:25:46,227 --> 00:25:48,094
and not from the Iraqis?
619
00:25:51,099 --> 00:25:52,466
It's possible.
620
00:25:52,500 --> 00:25:53,917
Thank you.
621
00:25:59,390 --> 00:26:00,807
Hope I'm not
interrupting.
622
00:26:00,842 --> 00:26:03,977
No. Come on in.
623
00:26:04,012 --> 00:26:06,713
What can I do
for you, Tom?
624
00:26:06,748 --> 00:26:08,649
Well, it's
about those banks
625
00:26:08,683 --> 00:26:10,951
I'm trying to
squeeze money from.
626
00:26:10,985 --> 00:26:13,020
Have a seat.
627
00:26:13,054 --> 00:26:14,905
Having a little trouble, huh?
628
00:26:14,939 --> 00:26:17,440
Well, let's just say I
haven't met any Jimmy Stewarts
629
00:26:17,474 --> 00:26:19,609
who are interested
in my wonderful life.
630
00:26:19,627 --> 00:26:21,344
You need legal help?
631
00:26:21,379 --> 00:26:23,146
No, no, that's not it.
632
00:26:23,181 --> 00:26:27,050
Actually, I just wanted
to ask you for a reference.
633
00:26:27,084 --> 00:26:27,834
Of course.
634
00:26:27,868 --> 00:26:30,253
Be glad to.
635
00:26:30,287 --> 00:26:33,623
Thanks.
636
00:26:33,725 --> 00:26:35,274
How's Mattie?
637
00:26:35,343 --> 00:26:36,776
She's good.
638
00:26:36,810 --> 00:26:38,345
She's glued to the laptop.
639
00:26:38,379 --> 00:26:41,648
Instant-messaging,
as far as I can tell.
640
00:26:41,682 --> 00:26:43,850
KEV-REV 150.
641
00:26:43,884 --> 00:26:46,436
That's Kevin Reilly.
642
00:26:46,470 --> 00:26:47,704
He's a boy back home.
643
00:26:47,739 --> 00:26:50,506
He's a nice kid,
nothing to worry about.
644
00:26:53,277 --> 00:26:55,244
Well...
645
00:26:55,279 --> 00:26:58,347
Well, uh, I'll let you get back.
646
00:27:01,219 --> 00:27:03,170
Good luck.
647
00:27:03,204 --> 00:27:06,556
Listen, I don't know how
to say this quite, but...
648
00:27:06,591 --> 00:27:08,091
I owe you a lot.
649
00:27:08,125 --> 00:27:09,192
Aw...
650
00:27:09,226 --> 00:27:10,727
No, not just
about this reference.
651
00:27:10,761 --> 00:27:11,962
I mean about Mattie.
652
00:27:11,996 --> 00:27:16,466
I wanted my little girl
back for so long, and...
653
00:27:16,500 --> 00:27:19,853
Well, now it actually seems
like maybe it's happening.
654
00:27:19,887 --> 00:27:21,972
You're the one doing
the hard work, Tom.
655
00:27:22,006 --> 00:27:23,273
Getting your life back.
656
00:27:23,307 --> 00:27:26,025
Thank you.
657
00:27:26,060 --> 00:27:27,394
Former Gunnery Sergeant
McDaniel,
658
00:27:27,428 --> 00:27:29,596
in what capacity are you
and the accused employed
659
00:27:29,630 --> 00:27:31,230
by Battlefield Solutions?
660
00:27:31,265 --> 00:27:34,534
We're advisors to the Iraqi
Civil Defense forces, Colonel.
661
00:27:34,568 --> 00:27:35,635
You were present on the night
662
00:27:35,669 --> 00:27:36,903
of the incident,
isn't that true?
663
00:27:36,937 --> 00:27:38,705
I was on the advisor-team, yes.
664
00:27:38,790 --> 00:27:41,390
Battlefield Solutions'
contract sets policy
665
00:27:41,425 --> 00:27:43,126
for advisors in the field.
666
00:27:43,160 --> 00:27:46,596
Now, these advisors aren't
supposed to issue combat orders
667
00:27:46,631 --> 00:27:49,082
as Sergeant Major Elgart
did, are they?
668
00:27:49,116 --> 00:27:50,800
That's what it
says, Colonel.
669
00:27:50,835 --> 00:27:53,536
As noncombatants, they're also
not supposed to carry weapons,
670
00:27:53,570 --> 00:27:56,472
though Sergeant Major Elgart was
armed that night, wasn't he?
671
00:27:56,507 --> 00:27:58,091
We're on the front lines,
Colonel.
672
00:27:58,125 --> 00:27:59,826
We'd be fools not
to be carrying.
673
00:27:59,861 --> 00:28:01,211
I'll take that as a "yes. "
674
00:28:01,245 --> 00:28:05,031
Policy also dictates that
advisors inform U.S. forces
675
00:28:05,065 --> 00:28:06,966
of their movements
in a combat zone.
676
00:28:07,000 --> 00:28:08,150
Which we did.
677
00:28:08,185 --> 00:28:09,986
You didn't wait
for confirmation.
678
00:28:10,020 --> 00:28:11,387
We waited for six hours.
679
00:28:11,421 --> 00:28:13,239
But, no, we didn't
get confirmation.
680
00:28:13,274 --> 00:28:17,844
According to policy, your teams
usually consist of four men...
681
00:28:17,878 --> 00:28:19,446
Objection. Relevance.
682
00:28:19,480 --> 00:28:20,613
I'm getting there, Your Honor.
683
00:28:20,648 --> 00:28:22,983
I'll go along for now. Proceed.
684
00:28:23,000 --> 00:28:26,286
There were only three of you
out there that night.
685
00:28:26,320 --> 00:28:29,572
You recently lost
the number two man on your team
686
00:28:29,606 --> 00:28:32,626
in an ambush by insurgents,
isn't that right?
687
00:28:32,660 --> 00:28:36,329
Alan Ridley was...
attacked, yes.
688
00:28:36,363 --> 00:28:38,899
By the terrorist leader
you were pursuing
689
00:28:38,933 --> 00:28:40,483
on the night in question?
690
00:28:40,517 --> 00:28:41,935
Affirmative, Colonel.
691
00:28:41,969 --> 00:28:45,939
His body was mutilated,
dragged through the streets.
692
00:28:45,973 --> 00:28:48,107
You got the facts
right, ma'am.
693
00:28:48,142 --> 00:28:50,844
How did you and Sergeant Major
Elgart feel about what happened?
694
00:28:50,878 --> 00:28:53,129
How do you think
we felt?!
695
00:28:55,066 --> 00:28:58,734
We were... angered
and... outraged.
696
00:28:58,769 --> 00:29:01,838
Like any American would be.
697
00:29:01,872 --> 00:29:06,676
Enough to rush into a blind
attack, guns blazing in revenge?
698
00:29:06,711 --> 00:29:08,044
Your Honor!
699
00:29:08,079 --> 00:29:09,178
Withdrawn.
700
00:29:09,213 --> 00:29:11,147
No further questions.
701
00:29:12,967 --> 00:29:14,734
I'd like to answer that
if I may.
702
00:29:14,802 --> 00:29:16,452
Go ahead.
703
00:29:16,486 --> 00:29:18,237
The Colonel
wants people
704
00:29:18,272 --> 00:29:20,790
to think that Tom Elgart's
the kind of man
705
00:29:20,824 --> 00:29:23,192
that would let revenge
rule his reason.
706
00:29:25,179 --> 00:29:27,997
We served together
for 20 years.
707
00:29:28,032 --> 00:29:31,367
Never once did he
exceed an order,
708
00:29:31,402 --> 00:29:34,137
nor risk lives needlessly.
709
00:29:34,171 --> 00:29:38,108
We're not vigilantes,
we're Marines.
710
00:29:38,142 --> 00:29:42,528
Only difference now is
the clothes on our back.
711
00:29:42,663 --> 00:29:44,831
Thank you, Mr. McDaniel.
712
00:29:53,758 --> 00:29:55,174
"History of Female Aviators. "
713
00:29:55,208 --> 00:29:57,476
I was going to buy
that book for you.
714
00:29:57,512 --> 00:29:59,228
Oh, yeah.
715
00:29:59,263 --> 00:30:01,630
It's okay. Dad went ahead
and got it for me.
716
00:30:02,984 --> 00:30:04,718
Oh.
717
00:30:06,303 --> 00:30:08,020
"KEV-REV 150," huh?
718
00:30:08,105 --> 00:30:10,606
Uh... yeah.
719
00:30:10,640 --> 00:30:12,275
It's Kevin, a boy I like.
720
00:30:12,309 --> 00:30:13,309
Yeah, I know.
721
00:30:13,344 --> 00:30:14,844
Your dad told me about him.
722
00:30:14,878 --> 00:30:16,029
Great.
723
00:30:16,063 --> 00:30:18,131
Now I have two fathers
with loaded shotguns.
724
00:30:18,165 --> 00:30:21,050
Actually, mine's a
nine-millimeter Navy issue.
725
00:30:21,085 --> 00:30:22,318
It's more accurate.
726
00:30:25,773 --> 00:30:27,607
I'm having privacy issues here.
727
00:30:27,642 --> 00:30:29,225
Sorry.
728
00:30:30,995 --> 00:30:33,629
So, this, uh, Kevin...
729
00:30:33,664 --> 00:30:36,499
is it serious?
730
00:30:36,533 --> 00:30:38,801
After all,
you are only 15.
731
00:30:38,836 --> 00:30:40,553
And?
732
00:30:40,638 --> 00:30:43,839
Do you know much about, uh...
733
00:30:46,010 --> 00:30:47,743
What, sex?
734
00:30:49,564 --> 00:30:52,349
Between MTV and the popular
girls at school,
735
00:30:52,383 --> 00:30:54,150
I've heard the basics.
736
00:30:54,184 --> 00:30:56,937
Well, that's
a little worrisome.
737
00:30:56,971 --> 00:30:58,705
Actually, it's a pretty
serious topic, Mattie.
738
00:30:58,739 --> 00:31:00,556
It's something that
you definitely need
739
00:31:00,608 --> 00:31:02,458
to talk to your dad about.
740
00:31:02,493 --> 00:31:05,294
He's the guy to go
to on this one.
741
00:31:05,329 --> 00:31:08,214
Okay.
742
00:31:09,366 --> 00:31:10,533
Good. Okay.
743
00:31:14,789 --> 00:31:17,123
Mrs. Sheehy, one final incident
I'd like to discuss.
744
00:31:17,157 --> 00:31:18,357
On 28 May,
745
00:31:18,391 --> 00:31:20,493
one week before
your husband was killed,
746
00:31:20,527 --> 00:31:22,262
he related to you
a previous encounter
747
00:31:22,296 --> 00:31:23,630
with the accused
748
00:31:23,664 --> 00:31:26,049
in the village of Khasa,
outside Kirkuk, is that right?
749
00:31:26,083 --> 00:31:27,233
Yes.
750
00:31:27,267 --> 00:31:29,702
Paul's fire team was again
providing security
751
00:31:29,737 --> 00:31:31,370
for the Kurdish leader, Aziz,
752
00:31:31,405 --> 00:31:35,207
when they crossed paths with the
Sergeant Major and his advisors.
753
00:31:35,226 --> 00:31:37,860
Oh. What were the Sergeant Major
and his team doing there?
754
00:31:37,895 --> 00:31:40,780
They were pursuing
terrorist insurgents.
755
00:31:40,814 --> 00:31:43,082
Paul said they had bad intel.
756
00:31:43,116 --> 00:31:45,000
Were the Marines aware that
the Iraqis and their advisors
757
00:31:45,035 --> 00:31:46,469
were there?
758
00:31:46,503 --> 00:31:47,670
No.
759
00:31:47,704 --> 00:31:48,938
But Paul said
760
00:31:48,972 --> 00:31:50,840
it wasn't the first time
Sergeant Major Elgart
761
00:31:50,875 --> 00:31:52,174
and his team
were freelancing.
762
00:31:52,209 --> 00:31:53,743
Did your husband
say what happened?
763
00:31:53,778 --> 00:31:56,929
The two sides nearly engaged.
764
00:31:56,963 --> 00:32:00,333
What else
did he say?
765
00:32:00,367 --> 00:32:02,368
Paul said it was
a matter of time
766
00:32:02,403 --> 00:32:04,170
before someone got killed.
767
00:32:04,204 --> 00:32:06,389
Thank you, Mrs. Sheehy.
768
00:32:33,000 --> 00:32:36,002
What was that about,
Sergeant Major?
769
00:32:36,036 --> 00:32:37,770
Well, Battlefield Solutions'
corporate counsel
770
00:32:37,804 --> 00:32:40,340
thinks we're losing, sir.
771
00:32:40,374 --> 00:32:42,108
We'll have our day-
tomorrow.
772
00:32:42,142 --> 00:32:45,111
Yeah, he also said that while
he represents the company,
773
00:32:45,145 --> 00:32:46,479
he's concerned one
of its employees
774
00:32:46,513 --> 00:32:50,250
isn't getting the best
possible representation.
775
00:32:50,284 --> 00:32:51,917
Well, is that how you feel?
776
00:32:51,952 --> 00:32:55,154
Frankly, sir,
I don't know how I feel.
777
00:32:55,189 --> 00:32:58,491
I do think it is
maybe time to consider
778
00:32:58,526 --> 00:33:01,027
a tactical retreat, sir.
779
00:33:01,062 --> 00:33:04,364
The company lawyer offered
a... a plea deal.
780
00:33:04,398 --> 00:33:07,200
I told him it's okay to talk
to Colonel MacKenzie about it.
781
00:33:07,234 --> 00:33:08,968
You're making a mistake.
782
00:33:09,002 --> 00:33:11,237
Well, it wouldn't be
the first time, sir.
783
00:33:22,399 --> 00:33:25,935
So, what kind of deal
are they offering you?
784
00:33:25,969 --> 00:33:27,470
Battlefield's Corporate
Counsel said
785
00:33:27,505 --> 00:33:29,071
if I plead guilty
to the charges,
786
00:33:29,106 --> 00:33:31,574
the government will limit my
confinement to two years, sir.
787
00:33:32,493 --> 00:33:34,744
A few days ago
you sat in this room,
788
00:33:34,778 --> 00:33:36,946
and you told me
you wanted to fight.
789
00:33:36,981 --> 00:33:39,415
I'm choosing my battles.
790
00:33:39,449 --> 00:33:42,035
How much money
they offering you?
791
00:33:43,370 --> 00:33:46,572
I have a family
to feed, Commander.
792
00:33:46,607 --> 00:33:49,208
Merrick said the company
would pay me $2 million
793
00:33:49,242 --> 00:33:50,743
if I pled out.
794
00:33:50,777 --> 00:33:52,595
$2 million...
795
00:33:52,629 --> 00:33:54,763
for two years in the brig.
796
00:33:57,484 --> 00:34:00,920
You know, I believed you when
you told me you weren't guilty.
797
00:34:00,954 --> 00:34:02,922
You want to look me
in the eye now
798
00:34:02,956 --> 00:34:04,723
and tell me that's changed?
799
00:34:04,758 --> 00:34:07,910
That's not the point, Commander.
800
00:34:07,944 --> 00:34:09,795
When I joined
the Marine Corps,
801
00:34:09,830 --> 00:34:12,348
I took an oath.
802
00:34:12,382 --> 00:34:15,952
Those stories Ann Sheehy
recounted on the stand...
803
00:34:19,323 --> 00:34:21,757
Maybe I have lost my way,
Commander.
804
00:34:21,792 --> 00:34:24,260
Well, you think you're gonna
find it in Leavenworth?
805
00:34:24,295 --> 00:34:27,297
They call me
soldier-of-fortune.
806
00:34:27,332 --> 00:34:28,965
I figure I may as well
807
00:34:28,999 --> 00:34:31,600
start living down
to their expectations.
808
00:34:31,635 --> 00:34:34,871
You're not a mercenary,
Sergeant Major.
809
00:34:34,905 --> 00:34:37,640
You take that $2 million,
you will be.
810
00:34:39,409 --> 00:34:41,961
I know your team
was in-country a long time.
811
00:34:41,995 --> 00:34:44,563
I mean, the constant threat,
the isolation,
812
00:34:44,598 --> 00:34:46,866
people get jumpy,
they make bad calls.
813
00:34:46,900 --> 00:34:48,901
Is that what's eating at you?
814
00:34:48,936 --> 00:34:51,837
Well, we were over there
longer than we should've been,
815
00:34:51,872 --> 00:34:53,573
but three months is standard.
816
00:34:53,607 --> 00:34:56,175
My men and I were in Iraq
for almost a year.
817
00:34:56,209 --> 00:34:58,161
Three months?
818
00:34:58,195 --> 00:35:01,030
Is that company policy?
819
00:35:01,064 --> 00:35:02,331
What are you thinking,
Commander?
820
00:35:02,365 --> 00:35:03,733
I'm thinking $2 million
821
00:35:03,767 --> 00:35:06,885
is a hell of
a severance package.
822
00:35:06,920 --> 00:35:11,123
Commander Rabb, you may call
your first witness.
823
00:35:11,158 --> 00:35:13,075
I have only one witness,
Your Honor.
824
00:35:13,110 --> 00:35:15,678
The defense calls
Battlefield Solutions CEO
825
00:35:15,713 --> 00:35:17,847
James Merrick to the stand.
826
00:35:24,221 --> 00:35:26,239
Mr. Merrick, as head
of Battlefield Solutions,
827
00:35:26,273 --> 00:35:27,706
do you feel you're responsible
828
00:35:27,741 --> 00:35:30,042
for the actions
of your employees in the field?
829
00:35:30,076 --> 00:35:32,094
I am responsible for
setting the policies
830
00:35:32,129 --> 00:35:34,764
by which they are to conduct
themselves, Commander.
831
00:35:34,798 --> 00:35:36,298
Is it your opinion
832
00:35:36,333 --> 00:35:38,934
that the accused failed to
adhere to these policies, sir?
833
00:35:38,968 --> 00:35:40,737
Regretfully, it is.
834
00:35:40,771 --> 00:35:43,639
Is that why you contacted
Headquarters Marine Corps
835
00:35:43,673 --> 00:35:45,508
and requested
this court-martial, sir?
836
00:35:45,542 --> 00:35:46,709
I contacted General Hale
837
00:35:46,743 --> 00:35:48,477
in the interest
of serving justice.
838
00:35:48,512 --> 00:35:49,912
Not to mention
your own interests,
839
00:35:49,946 --> 00:35:52,682
by heading off a civil suit
by Corporal Sheehy's widow.
840
00:35:52,716 --> 00:35:53,866
Objection.
841
00:35:53,900 --> 00:35:54,783
Sustained.
842
00:35:54,818 --> 00:35:56,619
Careful, Commander.
Yes, sir.
843
00:35:56,653 --> 00:35:58,838
Well, Mr. Merrick, was it
in the interests of justice
844
00:35:58,872 --> 00:36:00,806
when you offered my client
$2 million
845
00:36:00,841 --> 00:36:02,141
to cop an early plea?
846
00:36:02,175 --> 00:36:03,809
Objection. Counsel
is putting words
847
00:36:03,844 --> 00:36:05,477
in the witness's mouth.
I agree.
848
00:36:05,512 --> 00:36:07,713
However, I would like
to hear his answer.
849
00:36:07,747 --> 00:36:08,864
I think that Mr. Elgart
850
00:36:08,899 --> 00:36:10,566
would acknowledge his own guilt.
851
00:36:10,600 --> 00:36:12,851
He did act negligently when
he instigated a firefight
852
00:36:12,886 --> 00:36:14,220
with U.S. Marines.
853
00:36:14,254 --> 00:36:17,005
I have a copy
of your company's policies
854
00:36:17,040 --> 00:36:19,108
on deployment, Mr. Merrick,
855
00:36:19,142 --> 00:36:22,812
which states that
advisors are to be rotated
856
00:36:22,846 --> 00:36:23,780
every three months...
857
00:36:23,814 --> 00:36:26,465
"to avoid the potential
for lethal mistakes
858
00:36:26,499 --> 00:36:28,834
in the field
due to combat fatigue. "
859
00:36:28,869 --> 00:36:30,403
Are you familiar
with this policy, sir?
860
00:36:30,437 --> 00:36:31,604
I am. I wrote it.
861
00:36:31,638 --> 00:36:32,971
Were you not aware
862
00:36:33,006 --> 00:36:34,791
that the sergeant major
and his team
863
00:36:34,825 --> 00:36:37,927
had been in-country, in combat,
for just short of a year,
864
00:36:37,961 --> 00:36:39,796
well over
the three-month period?
865
00:36:39,830 --> 00:36:41,881
If I erred in judgment,
I accept that.
866
00:36:41,915 --> 00:36:44,950
It doesn't alter my opinion
that the accused is guilty,
867
00:36:44,985 --> 00:36:47,219
nor that the swift application
of justice
868
00:36:47,254 --> 00:36:49,221
is desired by all of us.
869
00:36:49,256 --> 00:36:51,624
For all or for you,
Mr. Merrick?
870
00:36:51,658 --> 00:36:53,910
You've done everything you can
to quash any real inquiry
871
00:36:53,944 --> 00:36:55,778
into this incident
from the beginning.
872
00:36:55,813 --> 00:36:57,530
Objection, Your Honor. Where
is counsel going with this?
873
00:36:57,564 --> 00:37:00,283
I'd like to know.
Proceed, Commander.
874
00:37:00,317 --> 00:37:01,550
Thank you, sir.
875
00:37:01,584 --> 00:37:07,106
I obtained from the CIA
unredacted action reports,
876
00:37:07,140 --> 00:37:10,008
detailing operations
by your employees in the field
877
00:37:10,043 --> 00:37:13,912
in which I found
unsettling patterns, sir.
878
00:37:15,365 --> 00:37:17,517
Now, we know about
the near-firefight
879
00:37:17,551 --> 00:37:20,319
between the sergeant major
and his team
880
00:37:20,353 --> 00:37:23,039
when they previously
crossed paths with the Marines.
881
00:37:23,073 --> 00:37:24,089
We know about the incident
882
00:37:24,124 --> 00:37:26,125
in which Corporal Sheehy
was killed.
883
00:37:26,159 --> 00:37:28,895
But I found other instances
with other teams
884
00:37:28,929 --> 00:37:31,531
in which Mohammed Aziz,
due to bad intel,
885
00:37:31,565 --> 00:37:33,365
was mistakenly targeted.
886
00:37:33,400 --> 00:37:35,401
Care to comment
on that, Mr. Merrick?
887
00:37:35,435 --> 00:37:39,171
It's a war zone, Commander;
nothing is clear-cut.
888
00:37:39,206 --> 00:37:40,806
No, not like in business,
889
00:37:40,840 --> 00:37:44,009
where clarity is everything.
890
00:37:44,044 --> 00:37:45,978
Battlefield Solutions
in the past year
891
00:37:46,012 --> 00:37:48,097
recently merged
into a conglomerate,
892
00:37:48,131 --> 00:37:50,633
with Henson-LeRoux...
893
00:37:50,667 --> 00:37:52,635
in which you received
894
00:37:52,669 --> 00:37:55,738
200,000 shares
of the parent company
895
00:37:55,772 --> 00:37:56,655
in a stock swap.
896
00:37:56,690 --> 00:37:58,023
Isn't that correct,
Mr. Merrick?
897
00:37:58,058 --> 00:37:59,442
It's a matter of public record.
898
00:37:59,476 --> 00:38:02,060
Henson-LeRoux has
oil interests in Iraq,
899
00:38:02,095 --> 00:38:04,296
particularly the Kurdish region.
900
00:38:04,331 --> 00:38:05,498
Isn't that correct?
901
00:38:08,502 --> 00:38:11,904
Or would you rather have
your lawyer do the talking?
902
00:38:11,939 --> 00:38:13,872
I'm sure you know the answer,
Commander.
903
00:38:13,907 --> 00:38:16,259
That oil deal
would be threatened
904
00:38:16,293 --> 00:38:18,644
if Mohammed Aziz
were to assume control
905
00:38:18,678 --> 00:38:22,765
of the oil ministry
in an autonomous Kurdish region.
906
00:38:22,799 --> 00:38:24,716
Mr. Aziz has been
less than friendly
907
00:38:24,751 --> 00:38:27,086
toward Henson-LeRoux
in public statements made.
908
00:38:27,120 --> 00:38:28,321
Isn't that correct, sir?
909
00:38:28,355 --> 00:38:29,788
He's also not
been a friend
910
00:38:29,823 --> 00:38:31,340
to the United States.
911
00:38:31,374 --> 00:38:34,510
This man is a warlord
and a murderer.
912
00:38:34,544 --> 00:38:37,263
Controlling Kurdish oil
would be good for all of us.
913
00:38:37,297 --> 00:38:40,049
I checked into the source
of the bad intel.
914
00:38:40,083 --> 00:38:42,918
It came from an informant
in Kirkuk,
915
00:38:42,953 --> 00:38:45,621
a contract employee
of Battlefield Solutions.
916
00:38:45,655 --> 00:38:47,623
Which made me wonder...
917
00:38:47,657 --> 00:38:49,959
whether the bad intel
was coming from Iraq
918
00:38:49,993 --> 00:38:51,927
or from your boardroom.
919
00:38:51,962 --> 00:38:54,513
Army CID is curious, too.
920
00:38:54,547 --> 00:38:56,482
They're presently
questioning the informant.
921
00:38:56,516 --> 00:38:57,750
They want to know why,
922
00:38:57,784 --> 00:39:00,820
on five separate occasions,
Mr. Merrick,
923
00:39:00,854 --> 00:39:04,089
Mohammed Aziz was targeted
by different teams
924
00:39:04,124 --> 00:39:06,625
to be taken out by mistake,
925
00:39:06,659 --> 00:39:09,494
by men you placed in the field,
in combat,
926
00:39:09,529 --> 00:39:11,763
fatigued, on a hair trigger.
927
00:39:11,798 --> 00:39:16,235
You want to save them
some time, sir?
928
00:39:16,269 --> 00:39:19,205
Maybe you should let your lawyer
do the talking from here on out.
929
00:39:19,239 --> 00:39:22,475
I have no further questions,
Your Honor.
930
00:39:22,509 --> 00:39:25,694
The accused and counsel
will rise.
931
00:39:25,729 --> 00:39:28,931
The senior member will announce
the findings, please.
932
00:39:28,966 --> 00:39:31,667
On the charge and specification
of negligent homicide,
933
00:39:31,701 --> 00:39:33,269
Sergeant Major Thomas Elgart,
934
00:39:33,303 --> 00:39:35,238
United States Marine Corps,
Retired,
935
00:39:35,272 --> 00:39:36,873
this court-martial
finds you...
936
00:39:36,907 --> 00:39:39,441
not guilty.
937
00:39:39,476 --> 00:39:41,144
On the charge and
specification
938
00:39:41,178 --> 00:39:43,279
of dereliction of duty,
we find you...
939
00:39:43,313 --> 00:39:44,781
not guilty.
940
00:39:44,815 --> 00:39:46,465
Thank you, Captain.
941
00:39:46,499 --> 00:39:48,700
This court is adjourned.
942
00:39:48,735 --> 00:39:50,536
Thank you, Commander.
943
00:39:50,571 --> 00:39:52,605
Congratulations.
Thank you.
944
00:39:52,639 --> 00:39:54,373
Congratulations-
you can hang up
945
00:39:54,408 --> 00:39:56,108
that uniform again,
Mr. Elgart.
946
00:39:56,142 --> 00:39:59,445
Not sure I'm ready to
hang it up just yet, ma'am.
947
00:39:59,479 --> 00:40:01,914
Sir, ma'am, if
you'll excuse me?
948
00:40:04,717 --> 00:40:05,885
I wish you'd shown
me the courtesy
949
00:40:05,919 --> 00:40:07,687
of having a conversation
before ambushing me
950
00:40:07,721 --> 00:40:09,021
on the witness
stand, Commander.
951
00:40:09,056 --> 00:40:12,291
Courtesy had nothing
to do with it, Mr. Merrick.
952
00:40:12,325 --> 00:40:15,044
Sergeant Major Elgart made
a poor command decision.
953
00:40:15,078 --> 00:40:16,745
And you didn't?
954
00:40:16,779 --> 00:40:19,949
I did what was best for
my company and my country.
955
00:40:19,983 --> 00:40:22,034
And for yourself.
What happened to you, Merrick?
956
00:40:22,068 --> 00:40:23,702
What happened
to honor and decency?
957
00:40:23,736 --> 00:40:25,221
I joined the real
world, Colonel.
958
00:40:25,255 --> 00:40:27,623
Perhaps that's something
you wouldn't understand.
959
00:40:27,658 --> 00:40:29,225
I took a stab
at the real world-
960
00:40:29,259 --> 00:40:31,394
a private law firm;
it didn't change me.
961
00:40:31,428 --> 00:40:33,779
Obviously. You returned
to the service.
962
00:40:33,813 --> 00:40:36,848
See, that's the difference
between you and me.
963
00:40:36,883 --> 00:40:39,151
I didn't have a Navy
to return to.
964
00:40:39,185 --> 00:40:41,070
It can be arranged.
965
00:40:41,104 --> 00:40:42,838
We recalled
Sergeant Major Elgart.
966
00:40:42,872 --> 00:40:45,841
We could extend you
the same courtesy, Mr. Merrick.
967
00:40:45,875 --> 00:40:47,359
We kept you out of
Leavenworth once.
968
00:40:47,394 --> 00:40:48,694
Might be different
next time.
969
00:40:48,728 --> 00:40:50,696
Talk to my lawyer.
970
00:40:50,731 --> 00:40:53,098
Well, we'll have
to get in line.
971
00:40:53,133 --> 00:40:55,868
I have a feeling by morning
you'll have a civil suit
972
00:40:55,902 --> 00:41:01,106
on your desk asking for a
little more than $2 million.
973
00:41:01,141 --> 00:41:04,660
Hard to believe a man can
do a 180 like that, Harm.
974
00:41:04,694 --> 00:41:06,361
It happens.
975
00:41:06,396 --> 00:41:11,000
There's no way I can adequately
apologize to you, ma'am.
976
00:41:11,034 --> 00:41:13,335
What I can say is...
977
00:41:13,369 --> 00:41:16,639
in my one brief encounter
with your husband,
978
00:41:16,673 --> 00:41:20,009
he demonstrated a strength
and a courage of conviction
979
00:41:20,043 --> 00:41:24,179
that I hope to one day
again find in myself.
980
00:41:24,213 --> 00:41:27,416
Well, maybe you've started,
Sergeant Major.
981
00:41:35,425 --> 00:41:37,659
Hey!
Hey!
982
00:41:37,694 --> 00:41:39,395
You and the commander ready?
983
00:41:39,429 --> 00:41:41,564
I'm gonna have to take
a rain check, Tom.
984
00:41:41,598 --> 00:41:43,031
I'm, uh, kind of buried.
985
00:41:43,066 --> 00:41:45,367
Unfortunately,
my new boss
986
00:41:45,402 --> 00:41:47,903
is getting even for me
sneaking around behind his back.
987
00:41:47,937 --> 00:41:50,339
Oh, I'm sorry
to hear that.
988
00:41:50,374 --> 00:41:51,707
Another night.
989
00:41:51,742 --> 00:41:53,142
Good.
990
00:41:53,176 --> 00:41:55,877
We won't be late.
991
00:41:55,912 --> 00:41:57,580
Okay.
992
00:42:02,635 --> 00:42:04,870
Forgot my sweater.
993
00:42:09,493 --> 00:42:13,028
You... really
should join us.
994
00:42:13,062 --> 00:42:15,230
I'm kind of busy.
995
00:42:15,265 --> 00:42:17,866
You know, I've...
stopped worrying about you
996
00:42:17,901 --> 00:42:19,669
trying to send me away.
997
00:42:19,703 --> 00:42:21,904
Good.
998
00:42:21,938 --> 00:42:24,173
You need to stop worrying
that you don't count anymore.
999
00:42:24,207 --> 00:42:26,442
Mattie, I just think
it'd be good for you
1000
00:42:26,476 --> 00:42:28,611
to spend some more time
with your dad.
1001
00:42:28,645 --> 00:42:30,446
It's pretty obvious
that you're worried.
1002
00:42:30,480 --> 00:42:34,199
The look on your face when I
told you he bought me that book,
1003
00:42:34,233 --> 00:42:36,318
the lack of annoying
personal questions,
1004
00:42:36,353 --> 00:42:37,886
ditching dinner tonight.
1005
00:42:37,920 --> 00:42:40,756
I've got a lot of work
to do, uh...
1006
00:42:40,790 --> 00:42:42,525
You know,
I wouldn't have known
1007
00:42:42,559 --> 00:42:45,410
about that female aviators book,
if it weren't for you, Harm.
1008
00:42:45,445 --> 00:42:46,879
I know.
1009
00:42:46,913 --> 00:42:49,347
And the annoying
personal questions...
1010
00:42:49,382 --> 00:42:52,183
I need them.
1011
00:42:52,218 --> 00:42:54,820
I need you.
1012
00:42:54,854 --> 00:42:57,606
I appreciate
everything you've done
1013
00:42:57,640 --> 00:42:59,958
for my dad and me,
getting us back together,
1014
00:42:59,992 --> 00:43:02,327
but you're not
getting rid of me.
1015
00:43:02,362 --> 00:43:03,279
Good.
1016
00:43:05,064 --> 00:43:06,965
Last chance?
1017
00:43:10,970 --> 00:43:13,472
Have fun.
Thanks.
1018
00:43:13,507 --> 00:43:16,008
I'll see you later.
Okay.
1019
00:43:17,210 --> 00:43:18,894
Hey!
1020
00:43:18,928 --> 00:43:19,961
Your sweater!
1021
00:43:23,599 --> 00:43:26,402
Reduce altitude.
1022
00:43:27,402 --> 00:43:37,402
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