All language subtitles for JAG - 10x05 - This Just In From Bagdad

More shocking news
out of Iraq today...

a senior Defense
Department advisor

with close ties to
the White House

was killed while on
a fact-finding mission

with U.S. Marines in Baghdad.

Dwight Kanin, who served as

Deputy Undersecretary
of Defense in the Reagan

and the first Bush
administrations,

was chairman of the influential
Military Affairs Policy Board,

a civilian group working
out of the Pentagon

that regularly reports
to the President.

The casualties also
included one Marine killed

and others seriously wounded.

ZNN correspondent Brad
Holliman has the story.

Violence continues to plague
the interim Iraqi government

as radical insurgents appear
to be stepping up attacks

on U.S. peacekeeping
forces here in the capitol.

Unfortunately, what
you see behind me

has become all too
common in Baghdad...

A roadside bomb
in a narrow street,

trapping U.S. soldiers
in a deadly kill zone.

What's uncommon is to
find an important civilian,

like Dwight Kanin,
riding along with Marines

in such a dangerous
part of Baghdad.

Why he was here
and what he was doing

remain unanswered questions.

The Commandant of the
Marine Corps is expected

to issue a statement soon.

Meanwhile, high-level
sources within the Navy

have promised a
full investigation.

For ZNN, this is Brad
Holliman in Baghdad.

Morning, Petty Officer.

Morning, sir.

Oh! Commander...

You must be Commander Turner.

Good morning, General.

At ease, Commander.

Sorry, sir, I wasn't
aware that you had...

It's perfectly understandable.

The Senate didn't conclude
until 0200 this morning.

Congratulations, sir.

Thank you.

I'll just clear my things out.

Shouldn't be a minute.

Carry on, Commander.

Ma'am, sir, did you hear?

Hear what?

Major General Cresswell
was appointed last night.

He's in the admiral's
old office right now.

I thought he didn't make it.

I guess it was some kind of
a last-minute miracle, ma'am.

Depends on what your
definition of "miracle" is.

Sir, let me help you with that.

I've got it, Petty Officer.

I tried to warn you.

Hang on a sec.

Would you move my car, please?

I feel honored

to be given this command.

And I have the highest
regard for Admiral Chegwidden

and the fine work done by all
under his capable leadership.

I look forward to getting to
know each of you personally.

That'll be all.

Attention on deck.

Carry on.

General...

Sir...

Sorry I'm late.

I, I mean...

it's just after your
hearing last night,

I thought that you were a goner.

Lieutenant Commander Roberts

reporting for duty, sir.

And if I may say so, sir,

you were quite impressive

at the Senate
Subcommittee hearing.

At ease, Commander.

I saw you sitting with the
SECNAV during the hearing.

Do you have some special
relationship with the Secretary

I should be aware of?

I was serving as
Admiral Kly's aide, sir.

I have no connection to the
SECNAV that I'm aware of, sir.

Good.

Colonel MacKenzie, join me.

Commander Rabb, you, too.

Off on the wrong foot...

and I only have one.

As you undoubtedly know,

Dwight Kanin was killed
on a ride-along in Iraq.

Major General Earl Watson,

Commanding General of
the First Marine Division

is convening a court-martial.

He's charging Staff
Sergeant Timothy Mallory

with involuntary manslaughter

by culpable negligence.

On what grounds, sir?

On the grounds
the staff sergeant

got a Washington bigwig killed

on what started out as a
routine Marine street patrol

and ended as a firefight.

Who authorized the
ride-along in the first place?

I don't know. You tell me.

Because all the
witnesses are there,

the trial will be
held in-country.

You two are going to Baghdad.

Prosecution. Defense.

Sir, we handled General
Watson's court-martial

earlier this year.

I'm aware of the case...

Remarks about Islam,
allegedly inflammatory.

Under the circumstances,
sir, are you sure we should...

General Watson
requested you, by name.

He was impressed with your work.

"Impartiality" was
the word he used.

Considering the political
impact of Mr. Kanin's death,

impartiality is
essential in this case.

Yes, sir.

SECNAV's all over this.

I expect this to be handled
with the utmost professionalism,

legally and personally.

What he said about
professional and personal,

was that a dig at me?

Definitely.

Mac, you're being paranoid.

It was 15 years ago.

I doubt Cresswell remembers you

let alone an affair you
had with a senior officer.

I told you, Cresswell was the
Staff Judge Advocate on Okinawa.

He wrote the letter of
reprimand on Farrow.

Did you see the letter? No.

Well, then how do you know
he mentioned you by name?

I know he knew who I was.

Given who he is, I'm sure he
found my behavior indefensible.

One wrong move,
and I'm out of here.

Mac, we've got a new boss.

It's the same for all of us.

You wanted to see me, sir?

Close the hatch.

I've started reviewing
our current case load.

You run a tight ship.

Thank you, sir.

I want your evaluation
of Commander Rabb

and Colonel MacKenzie.

Both excellent attorneys, sir.

Given to personal
eccentricities.

Admiral Chegwidden allowed
them latitude at times, sir.

But I believe he was
satisfied with their results.

You're mincing words, Commander.

What are their weaknesses?

I'd have to say

both of them are
less than enthusiastic

about the more bureaucratic
aspects of what we do, sir.

Preparation? Follow-through?

Written reports?

They're not opposed
to paperwork, sir.

It just doesn't come naturally.

Thank you, Commander.

That'll be all.

I have a request, General.

I'd like to switch offices
with Commander Rabb.

Reason?

A year ago, he left
JAG for a period.

I was given his office.

Left? For what reason?

Colonel MacKenzie
ran into a little trouble

on a CIA mission in Paraguay,
and Commander Rabb

resigned his commission
to go after her.

Then Rabb was reinstated? Why?

Lots of other lawyers around.

I believe the admiral
saw something in him

that Rabb didn't see in himself.

Sounds like you were assigned
your office fair and square.

Why give it up?

To be honest, General,
when I was sitting in your chair,

I ruffled a few feathers.

I was hoping this peace
offering might help.

Make the switch.

Thank you, sir.

That'll be all.

Aye, sir.

General Watson speaks
highly of you, Commander.

Says you're a hell
of a prosecutor.

That's quite a compliment
coming from the general,

considering he
was the one on trial.

But Colonel MacKenzie,
as defense counsel, won.

Well... the colonel's good.

What's your take
on the case against

Staff Sergeant Mallory, Colonel?

I don't like to see
any of my people

brought up on charges, Colonel.

But...?

We're in a tough situation
over here, Colonel.

Things can go
from calm to chaotic

in a matter of seconds.

Staff Sergeant Mallory
was issued an order:

Take Mr. Kanin on
a patrol of the city.

Instead, Mallory took
him into a hot zone.

Mr. Kanin lacked any
training or preparation

for a combat situation.

Why would Staff Sergeant Mallory

put Mr. Kanin at risk?

I don't know the answer to
that question, Commander.

That's why you're here.

Commander Rabb.

Brad Holliman, ZNN.

You must be Colonel MacKenzie.

What can we do for you?

I was hoping we could talk.

I reported the
Dwight Kanin story.

We're not here to try this
case in the press, Mr. Holliman.

Whether you want to
or not, it's gonna happen.

I'd think you'd like at
least one sympathetic ear.

I'm sure you can see how
some reporters might play this...

Blame gets pinned
on some poor sergeant,

meanwhile, no one
takes responsibility

further up the chain of command.

Sounds to me like
you've written your story

before you've got all
the facts, Mr. Holliman.

Here's a fact, Commander.

There's a rumor going around

that Kanin's death
wasn't an accident.

We don't deal in rumors.

Okay, then deal with this:

a lot of military
personnel over here

feel they've been saddled with

20 pounds of trouble
in a ten-pound bag.

Kanin's the Pentagon guy
responsible for those policies.

Such as?

Not enough troops.

Reserves without training.

Lack of armor for the Humvees.

Hell, lack of body
armor for the troops.

Moms are holding
bake sales to buy Kevlar

for their boys.

Why single out Kanin?

As Chairman of the
Military Affairs Policy Board,

he made recommendations
to the administration.

He refused to admit
he underestimated

the logistical support
our troops would require.

It's little wonder he'd
be a marked man.

Are you suggesting
Kanin was fragged?

Fragged?

No.

Exposed, maybe.

MacKENZIE: Do you
understand the charge

against you, Staff Sergeant?

Yes, ma'am. You realize the
penalty is reduction in rank,

maximum ten years confinement,

dishonorable discharge and
loss of all pay and allowances?

Yes, ma'am.

Do you believe
you were negligent?

Two men died, another
was seriously injured.

Did you take reasonable
steps to insure their safety?

I thought so, ma'am.

Results say otherwise.

You've got to work
with me, Staff Sergeant.

I'm defense counsel.

You do want a
fair trial, don't you?

Yes, ma'am.

Then act like it.

Commander Rabb?

I'm Captain Ellis,

Staff Sergeant Mallory's
Company Commander.

Have a seat, Captain.

You have questions
for me, Commander?

One big one...

Who was responsible
for letting Dwight Kanin

go on a combat mission?

Nobody.

Kanin was a victim
of circumstance.

Circumstance isn't
on trial here, Captain.

Sergeant Mallory is, however.

I'm trying to find
out what happened.

It was my understanding
that Dwight Kanin

came over here on
a fact-finding tour.

Colonel Atwater greeted
him, and passed him on to me.

So you were in charge
of showing him around.

I was to treat him like

any distinguished visitor, sir.

Give him the nickel
tour, keep him happy.

So what's on the itinerary?

Chow with First Battalion, Rifle
and Weapons Company Alpha.

Chow?

Wait, Captain, I didn't travel
6,000 miles to eat lunch.

I want to see real Marines.

Every man and woman here
in uniform is a real Marine, sir.

Oh, no, I meant
no offense, Captain.

I'd just like to see
a little bit about

what your men and
women are up against.

Hop in, Mr. Kanin.

We'll see what we can do.

All right!

It was my intent to set
him up with a Marine unit

doing a routine street patrol.

A combat mission was
never part of the equation.

Did you ever consider there
was an element of risk involved?

It was Mr. Kanin who
said he wanted to see

"real Marines,
real missions," sir.

Did you ever consider there
was an element of risk involved?

I sent him out with my
very best Marines, sir.

I believed he would be safe.

Was Colonel Atwater
aware of this routine patrol?

No, sir.

He made Kanin my responsibility.

When Kanin asked
to go on a mission,

I tasked Lieutenant
Howell with tour-guiding him.

Mr. Kanin was pretty adamant

about wanting to go
outside the wire, sir.

He wanted to see some action?

That was my understanding, sir.

It was also my understanding

that the only action
he was going to see

was a routine street patrol in
a controlled part of Baghdad.

That's not what
happened though, is it?

No, Commander.

There was no way of
predicting that a street protest

would force the
patrol to detour.

But over here, things
have a way of turning out

differently from the
way you expected.

Yeah, I read the
after-action report.

So what your telling me is, Staff
Sergeant Mallory is a victim of bad timing?

Bad timing, bad luck.

However you want to call it.

But when it hit the fan,
Staff Sergeant Mallory did

everything humanly possible
to save Dwight Kanin's life.

MacKENZIE: Did you know
who Dwight Kanin was?

I was aware that
he held a position

of some importance in
the Pentagon, ma'am.

That he was somehow
involved in logistical support.

Did you think there
was anything unusual

about your orders
to take him along,

given Mr. Kanin's position?

Not really, ma'am.

My unit's been here 15 months.

Taking along civilian
observers is S.O.P.

Of course, most of the
time, it's just journalists.

So, again, you saw
no particular problem

taking Mr. Kanin on your patrol?

No, ma'am.

We took all the
usual precautions.

Fantastic.

Fantastic.

You'll want to
put these on, sir.

Oh, great. Hold on.

Ah...

Ah, this is great!

Thanks, son.

Oh, Sergeant, do you mind?

One for posterity?

Not a problem.

Come join me.

Yeah.

There you go.

You'll be riding this vehicle...

Great! Mr. Kanin.

Corporal Salazar here
will have your back.

Pleasure.

All right, ladies,
let's move out.

I placed Mr. Kanin
in the rear Humvee

with Sergeant Walters,

and I tasked Corporal
Salazar with looking out for him.

According to the
after-action report,

you ran into a protest

that blocked your route?

That's right, ma'am.

You chose to detour around it,

go to Sadr City?

Yes, ma'am.

Why didn't you just turn back,

return to the base
the way you came?

I decided that retreating
wasn't necessarily

the safest course of action.

Taking a detour was?

Yes, ma'am, in my estimation.

What happened then?

We got ambushed.

Mr. Kanin was killed.

Lost Corporal Salazar,

and Sergeant
Walters lost his arm.

Sure you weren't
just trying to impress

a visiting dignitary,
not backing down?

You're a Marine, ma'am.
You should understand.

I was doing what I
was trained to do.

I do understand, Staff Sergeant.

I just wanted to
make sure you did.

Now it's our job to make
sure the Members understand.

What do you have so far?

Well, sir, the consensus of
testimony would seem to indicate

that Staff Sergeant
Mallory is solely responsible

for the decision that led
to Dwight Kanin's death.

MacKENZIE: That's
one man's opinion, sir.

You don't agree with Commander
Rabb's assessment, Colonel?

I think it's more
accurate to say

the chain of command believes
that Staff Sergeant Mallory

is a good Marine who
ran into some bad luck.

Bad luck is another name
for negligence, General.

Only if you ignore
circumstances, context,

the facts of the case...

Is that all?

No, sir.

The reporter who broke the story

said that he's heard scuttlebutt

Dwight Kanin may have
been deliberately exposed

to danger.

This scuttlebutt
indicate why Marines

would purposely put a
civilian in harm's way?

They wanted to show
him what it was like

to fight a war, sir,

without adequate
personnel or equipment.

Either of you find
any evidence of that?

No, sir. Not as of yet, General.

Then, as for now,
it's just hot air.

Aye, sir.

Keep me informed.

Sir.

Petty Officer.

We should have the knob removed
from the outside of that door.

I beg your pardon, sir?

That knob.

Let's get rid of it.

But then you won't be
able to open the door

from the outside.

I'll be able to open it
because I'll have a key.

You, on the other hand,

will have no
choice but to knock.

Uh, phones, sir.

There's the Senate Armed
Services Committee counsel

on line one,

the SECDEF's EA on two

and the White House
Liaison on line three.

I'll take line three.

Tell lines one and
two I'll call them back.

Thank you, Petty Officer.

Yes, sir.

I can't do anything right.

We're all walking on eggshells.

Yeah, but I'm right
in the line of fire.

Sorry to keep you waiting.

General Cresswell will
have to return your call.

Commander Rabb,
Colonel MacKenzie,

good to see you again.

You too, sir.

Congratulations on
getting back to Iraq, sir.

Thank you, both of you, for
your efforts that made it possible.

So, how do you enjoy

working for General Cresswell?

Well, we've spent all of ten
minutes with the general, sir.

That should tell you everything

you need to know.

When do you go to trial?

Tomorrow morning, sir.

So...

how did Mr. Kanin get
into a combat zone?

Because Staff Sergeant
Mallory put him there, General.

Because Mr. Kanin ordered him

to do it.

Mr. Kanin was not
in the staff sergeant's

chain of command, Mac.

MacKENZIE: He was
an influential member

of the administration.

It's good to see that
nothing's changed.

Save it for the
jury, counselors.

I had a visit from
a journalist today.

Brad Holliman, sir?

So he got to you, too.

We listened to
what he had to say.

And what do you think?

About Marines deliberately
getting a civilian killed?

I don't buy it, sir.

The men who serve under me
have reason to be aggrieved.

They blame a lot
of people back home

for not giving them

what they need to win this war.

Yes, sir. I know.

I don't believe they would

deliberately lead a civilian
in danger, either, Colonel.

But I want you
to prove it to me...

in case I'm wrong.

Captain Ellis, you instructed

Lieutenant Howell to arrange

a ride-along on a Marine mission

for Dwight Kanin,
is this correct?

That's correct, Commander.

Is it unusual for a civilian to
go along on such a mission?

No, sir.

We entertain journalists
and dignitaries often.

But you don't take
them into a combat zone

as Staff Sergeant
Mallory did, is that correct?

No, Commander,
not if we can help it.

What was your understanding

of the nature of this mission?

It was supposed to be

a routine street patrol of
the Al A'Zamiyah district.

Please show us on
the map, Lieutenant.

It's this sector here, sir.

Al A'Zamiyah's a mixed
residential and commercial zone

outside of Sadr City.

Our unit patrols
A'Zamiyah with the objective

of reporting any signs
of insurgent activity.

We're also there to
maintain a military presence

as a deterrent.

Thank you, Lieutenant.
Have a seat, please.

Would you consider
this a secure zone?

As secure as it gets in Iraq
these days, Commander, yes.

Now, the ambush took place

in the Sadr City section
of Baghdad, correct?

That's correct, sir.

And that's what,

about two kilometers
from Al A'Zamiyah?

Yes, sir.

Did you ever brief

Staff Sergeant Mallory
to take his Marine unit

along with a visiting
civilian dignitary

into a hot zone?

No, sir.

So, the decision to do so

was made solely
by the staff sergeant,

is that correct?

His patrol ran into a street
demonstration, Commander.

Just answer the question,
please, Lieutenant.

Yes, that's correct,
Commander. It was...

A negligent decision,

which resulted in

two unnecessary deaths.

Objection.

Facts not in evidence;
leading; calls for an opinion.

Sustained, all grounds.

I have no further
questions, Your Honor.

Lieutenant, what were

Staff Sergeant
Mallory's options?

Push through the protesters,

detour around them or turn back.

Now, we know the choice
Staff Sergeant Mallory made,

but what would you have done?

Going through the protesters

would have only
aggravated matters, ma'am.

Detouring around them
through Sadr City was risky.

Going back, to be
honest, given our training,

retreat is not an option
Marines generally consider.

I suppose I might have
done the same thing

the staff sergeant did, ma'am.

Thank you, Lieutenant.

Lieutenant...

if you had been
there, in the area,

not just with Marines,

but with an inexperienced,
untrained civilian,

would you have
made that decision?

Given those circumstances...

I don't know, Commander.

I might have turned back, sir.

Thank you, Lieutenant.

No further questions,
Your Honor.

The government rests.

Morning, sir. You're here early.

Not early enough.

I beg your pardon, sir?

I got here at 0500,

you know, figuring
I'd beat the general in.

He's been here for hours.

He's watching the court-martial

from Baghdad on a live feed.

Permission to speak freely, sir?

Of course, Coates.

I don't understand what
you're trying to prove

with the general.
You're a great lawyer.

I'm trying to prove that
Admiral Chegwidden

didn't keep me
around out of sympathy.

Uh, that will be
all, Petty Officer.

Oh. I could get
that for you, sir.

I suppose you could drink
it for me, too, Petty Officer.

MacKENZIE: Sergeant Walters,

you drove the vehicle with
Dwight Kanin in it, did you not?

Yes, ma'am.

What happened when your patrol
encountered the demonstration

in the Al A'Zamiyah district?

The street was filled
with protesters, ma'am.

The path ahead
of us was blocked.

Maybe we should
turn around, Sergeant?

Staff Sergeant Mallory
will make the call, Corporal.

Can't we go around them?

Detour would put
us in Sadr City.

It can get ugly
there, Mr. Kanin.

What's the situation, Sergeant?

We could turn back
or we could push on.

Ah... why not push on.

I'm not afraid
of a little action.

What do we do, Sergeant?

We push on.

Let's gear up!

Let's go.

So Staff Sergeant Mallory

did consider other alternatives?

Oh, yes, ma'am.

What happened next, Sergeant?

Well, we got back
on the road, ma'am.

Why don't we put you
in the back, Mr. Kanin.

It's a little safer back there.

Okay, and hustle
up, get back there.

What are you doing?

Sandbags for IEDs.

Improvised explosive devices.

They'll rip the hell
out of this Humvee.

Oh, uh, Sergeant...?

That's okay, sir,
you keep yours on.

What's that for?

Bullets and shrapnel.

They go right
through the vehicle.

A vest only protects so much.

You're vulnerable from the side.

It's like the
sergeant said, sir,

we're a little light
on armor here.

This is the best we can do.

Let's move out!

We turned off the main road

to avoid the protesters
and entered Sadr City.

We found ourselves on a
narrow commercial street

surrounded by locals.

Most of them afraid,

but not all of them.

We didn't get far

before an IED was
detonated under our six-by.

We were caught in the crossfire.

We took cover as best we
could; we gave as good as we got.

Staff Sergeant Mallory
and Corporal Salazar

dragged Mr. Kanin
to safety, ma'am.

Staff Sergeant Mallory

put the civilian in the
best cover we had...

Corporal Salazar there
to keep his head down.

Just one problem...

In the confusion, the
corporal never had a chance

to get his flak jacket on.

One shot. Corporal
Salazar went down.

I saw Kanin panic...

Kanin!

So I jumped him before he could

run into the crossfire.

Stay down!

I didn't figure on
what came next.

Last thing I saw was
Kanin going down.

There was nothing any of us

could've done
for him after that.

In your opinion, would
Mr. Kanin have been safe

had he stayed where Staff
Sergeant Mallory positioned him?

I believe so, ma'am.

Staff Sergeant did everything
he could to keep Mr. Kanin alive.

Thank you, Sergeant, for your
testimony and for your valor.

Sergeant, did Staff Sergeant
Mallory resent being forced

to take Dwight
Kanin out on patrol?

Objection. Calls
for speculation.

Sustained.

Sergeant, did you resent

having Dwight Kanin along

on patrol?

Yes, sir. A little.

Do you believe that

Dwight Kanin's unwanted
presence on patrol

influenced the staff
sergeant's decision

to proceed with his unit
into a dangerous area?

Objection. Speculation.

Sustained.

I have no further
questions, Your Honor.

Your Honor, the defense calls

Staff Sergeant Timothy
Mallory to the stand.

Staff Sergeant, why didn't you

abort the mission when you
saw your way was blocked here?

I thought proceeding
through Sadr City

was the best plan, ma'am.

Why?

It was the shortest route back.

Shorter than going
back the way you came?

At that point, yes, ma'am.

Weren't you worried
about hostile activity?

There hadn't been
any serious activity

in that sector in over a week.

I believed it was safe.

As it turns out, I was wrong.

I regret that,
ma'am. I always will.

When the ambush
happened, Staff Sergeant,

did you feel Dwight Kanin
was adequately protected

where you left him with Corporal
Salazar behind the vehicle?

Yes, ma'am.

And if he'd stayed
there, he'd be alive today?

Objection. Counsel is
testifying, Your Honor.

Sustained.

Do you have a question, Colonel?

I do, Your Honor.

Staff Sergeant Mallory,
putting aside, for now,

what we know
happened on this patrol,

do you believe you
acted in accordance

with your Marine Corps training

in taking the initiative to
lead Mr. Kanin and your men

out of harm's way in
the best way possible,

with the least
potential for casualties?

Yes, ma'am, I do.

Thank you, Staff Sergeant.

Staff Sergeant, you stated you
chose to go through Sadr City

because you felt you and
your men could get through.

That's correct, Commander.

Well, what about Dwight Kanin?

Not sure I follow, sir.

An inexperienced,
untrained civilian

taking fire in a combat zone,

he didn't stand much
of a chance, did he?

Objection. Argumentative.

Sustained.

What's the real reason
you chose to take a civilian

into a hot zone, Staff Sergeant?

Objection!

It goes to motive, Your Honor.

Overruled. The accused
will answer the question.

Like I said, I thought
it was our best chance.

What, to get out of there,

or give Dwight Kanin
a taste of combat?

Come on, Staff Sergeant!
Do you expect us to believe

you didn't take
advantage of that situation?

You were frustrated by the
lack of adequate supplies, armor,

artillery.

You were vocal about
it on many occasions.

Now, here was a man in a
position to change all that.

You didn't take
advantage of that?

Just didn't understand, sir.

Why, because he was a civilian?

No, sir. Because
he was uneducated

about our situation
over here, sir.

Did you intentionally expose
Dwight Kanin to hostile fire,

Staff Sergeant?

I had no intention
to harm the man.

In fact, just the opposite, sir.

I thought if he saw
what we face every day,

he'd go back to Washington

and tell people
what's really going on.

It didn't turn out that
way, though, did it?

No, sir. But I never
meant to get the man killed.

So you admit you got him killed?

No, sir. That is
not what I meant.

You didn't intend

to get Corporal Salazar
killed, either, did you?

I have no further
questions, Your Honor.

Salazar would be alive
today, if it wasn't for Kanin.

He had no business being here.

He sent us to fight a war. Fine.

Give us the
equipment, let us fight it,

and stay the hell
out of our way.

Will the accused please rise.

The president will
publish the finding.

Staff Sergeant Timothy Mallory,
United States Marine Corps,

on the charge and specification

of involuntary manslaughter
by culpable negligence,

this court-martial
finds you guilty.

This court-martial will
reconvene at 0900 tomorrow

for the penalty
phase of this trial.

Thank you, sir.

MacKENZIE: Penalty
phase is tomorrow,

so let's concentrate on that.

Come in.

Sir, I just want you to know
I made a fresh pot of coffee,

in case you'd like
to get yourself a cup.

Have a seat, Petty Officer.

You've been in some trouble.

Yes, sir.

Three years ago last Christmas,

you were brought up
on charges for going UA

and impersonating Santa Claus.

Yes, sir. In order to
steal the cash bucket.

Are you a thief, Petty Officer?

I was, sir. Not anymore.

Why not?

Commander Rabb, sir.

He showed me the straight path

and I ended up a legalman
on the USS Seahawk,

and then became
the admiral's aide.

The commander did all that?

This may sound strange,
sir, but it was the first time

anybody had trusted
me in a long time.

It changed the way
I felt about myself.

I give extra points to a sailor

who can dig herself out
of a hole the way you did.

Thank you, sir.

Does that surprise you?

A little.

Good.

I take my coffee...

Black... yes, sir,

I know.

Were you in the habit

of finishing Admiral
Chegwidden's sentences,

Petty Officer?

Sort of, sir.

Well, that ends now.

We clear?

Yes, sir.

Good afternoon,
Commander, Colonel.

Good afternoon, sir. Sir.

These officers have come to me.

They would like to
testify in the penalty phase

of Staff Sergeant
Mallory's court-martial.

The government will
welcome their input, sir.

Actually, Commander,

we'd like to testify
in mitigation...

for the accused.

Respectfully, Colonel,

if you and your fellow officers

felt you had something to add,

why didn't you come forward
during the findings phase

of Staff Sergeant Mallory's

court-martial?

Sometimes situations
that are not obvious at first

become clear with
time and context.

The accused may present
matters in extenuation and mitigation

to be considered by the
court in deciding a sentence.

You may proceed,
Colonel MacKenzie.

MacKENZIE: Colonel
Atwater, what was the purpose

of Dwight Kanin's visit?

To get a firsthand glimpse
of the war he supported.

So he was here as a
government observer,

not a tourist?

Correct.

Although he certainly acted
like a tourist in my presence.

Thank you, Colonel.

I really appreciate
you making time for me.

Well, Captain Ellis will
make your arrangements

with First Battalion.

I'll leave you in
his capable hands.

Thank you, sir.

Oh, hang on, Colonel.

Son, can I prevail upon you?

Sure thing, sir.

I need a picture.

Make sure that you get the flag

in the background.

We need to scooch
over a little bit?

Great, great.

Thank you, son.

Thank you, Colonel.

Let's go.

MacKENZIE: Colonel, what
was your personal attitude

toward Mr. Kanin at that time?

I disapproved of Mr. Kanin's
presence in our theater.

I didn't get the impression

that he was searching for facts

to aid his policy
recommendations.

I felt he'd come here for
photo ops with the troops,

maybe some cheap thrills.

Did you convey any of
that attitude to Captain Ellis?

Not in so many words,
but I think I made

my opinion of the man clear.

I told Captain Ellis

"Get that chicken
hawk out of my sight."

I didn't want anything
more to do with him.

Thank you for your
candor, Colonel.

Your witness.

Colonel, you have chosen
to testify in mitigation

on behalf of Staff
Sergeant Mallory, sir.

Why?

Because it's the
right thing to do.

Respectfully, Colonel,

are you sure you're
not just trying to assuage

a guilty conscience
by coming to the rescue

of a young marine
staff sergeant?

Objection...
counsel is testifying.

I'd like to answer the question.

I'd like to hear the answer.

If I have a guilty conscience,

there's a reason, Commander.

It wasn't till yesterday,

hearing this young
marine staff sergeant

express his desire

to teach Mr. Kanin a lesson,

that I realized that I
share responsibility

for what happened.

But you weren't there, Colonel.

You did not order
Staff Sergeant Mallory

to transport Dwight Kanin
into a combat zone, sir.

No, no, but I did suggest
to my subordinates

that Mr. Kanin
needed to be educated

as to our predicament over here.

I didn't give an order,

but my feelings were known.

Words have an effect.

As a leader, I know that.

But I didn't realize

until now just what kind of
consequences could result.

Captain Ellis, did you
share similar disdain

toward Dwight Kanin as that
expressed by Colonel Atwater?

Yes, Colonel.

I was offended by
Mr. Kanin's request

to go on a "real mission
with real marines."

It was demeaning,

especially to the
young men and women

who put their lives on the
line to serve their country.

I also felt it demonstrated a
complete lack of awareness

of the realities of a war
Mr. Kanin was known to champion.

Did you express this sentiment
to anyone in your command?

I did.

I spoke to Lieutenant
Howell about it.

Would you please be specific

and tell the court

your exact words to
Lieutenant Howell?

I told Lieutenant Howell that
Mr. Kanin should be careful

what he wishes for, Colonel.

Anything else?

I told Lieutenant Howell

that if Mr. Kanin
ever saw action,

he'd go home with a new
pair of shorts on, ma'am.

Why choose to come forward now

to testify on behalf of
Staff Sergeant Mallory?

It wasn't until
yesterday that I realized

the full impact of
what I had said;

how a vague spoken desire

can turn into a young marine's
command decision in the field.

Lieutenant, how
did you interpret

Captain Ellis' statements
to you about Dwight Kanin?

That we should scare the
crap out of the civilian, ma'am.

Excuse my language.

Did you tell Staff
Sergeant Mallory

to scare the crap out of him?

I didn't quite
phrase it that way.

Look, this Kanin thinks
it's a video game over here.

Show him what it's really like.

Yes, sir.

By which you meant
what, Lieutenant?

Give Mr. Kanin
a taste of what life

is like over here...

in the hope he might return
to D.C. with a new appreciation

and maybe some new policy views.

That's not what
happened, though, is it?

You gave him a
little more than a taste

and now Dwight Kanin is dead,

as is Corporal Salazar,

and Sergeant Walters
has lost his arm.

That's not what
you intended, is it?

No, Commander.

But all the same,

I bear no small measure
of responsibility, sir.

And I'll regret to my dying day

that my lack of clarity
in issuing instructions

resulted in this tragedy and
put Staff Sergeant Mallory

in the position he's in today.

MacKENZIE: General Watson,

at whose request do you
appear in this courtroom today?

My own.

Sir, you are the
convening authority

for this court-martial,
are you not?

I was. I turned that duty over

to a backup convening
authority: General Hansen.

May I ask why, sir?

So that I may testify.

Are you personally
acquainted with the defendant,

Staff Sergeant Mallory?

I am not.

Are you familiar with the
details of this case, sir?

I am, including the fact

that Staff Sergeant
Mallory performed

with courage under fire.

Sir, do you believe
there is a problem

in your chain of command?

Systemically, I do not.

The personnel who
serve under me strive daily

to do their best under
difficult circumstances.

Do you believe Dwight
Kanin's death resulted

from a singular failure in
your chain of command?

Yes, I do.

What was that
failure, sir? Officers...

allowed their
dislike of Mr. Kanin

to color orders that were
given to subordinates.

Orders were given
that were vague

and ambiguous.

Why do you think
that happened, sir?

There are a
multitude of reasons,

but two come to mind:

Mr. Kanin represented a branch

of the civilian leadership
that has complicated

and compromised the mission

of the Marine
Expeditionary Force.

Also, his personal attitude
was one of disrespect

for the fighting men and women.

So when Staff Sergeant Mallory,

in a flash of a second,

had to decide a
course of action,

I believe that he
chose the wrong one.

But there are many
who, if in his place,

would have made the same choice.

Does that excuse
his actions? No.

Does that put his actions

into context?

Most definitely, yes.

Thank you, General.

No further questions.

General, would an order

to jeopardize Dwight
Kanin's life be unauthorized?

Yes.

So, then, if the staff
sergeant believed

he had received such an order,

it would be his
duty to disobey it.

That could be argued.

Is that a yes or no, General?

In hindsight, yes.

Thank you, sir.

No further questions.

Defense and counsel will rise.

Staff Sergeant Timothy Mallory,

the court members
have sentenced you

to six months
confinement at hard labor,

reduction in rank
to lance corporal,

and forfeiture of all pay and
allowances for six months.

However,

this court recommends
that the convening authority

postpone executing the sentence

pending review of the testimony

taken in these proceedings.

In the opinion of this court,

the deaths of a
civilian and a marine

and the maiming
of another marine

may have been the direct
result of a breakdown

in the chain of command,

resulting in the issuance

or appearance of unofficial
orders as interpreted

by Staff Sergeant Mallory.

This court does not believe
that Staff Sergeant Mallory

should be held
solely responsible

for the consequences
of his actions,

and this court recommends

that further investigation
of the events

surrounding this
incident is indeed merited.

This court is adjourned.

MacKENZIE: Sir.

Thank you both.

General, what you did
in there took guts, sir.

It takes guts to face an RPG.

Admitting failure
hardly rates a mention.

It is my fervent hope

that I won't see either
one of you anytime soon.

Aye, aye, sir.

Colonel, Commander.

Impressive
performances in there.

Either of you want
to go on camera?

No comment. No, thanks.

You do realize that I am the one

that pointed you in
the right direction?

And for that, we'll
always be grateful.

The staff sergeant
only received six months

and no discharge.

You disappointed with
that sentence, Commander?

No, and you can put
that on the air, if you'd like.