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1
00:00:31,031 --> 00:00:32,042
Extract him.
2
00:00:32,066 --> 00:00:33,699
Yes, sir.
3
00:00:38,138 --> 00:00:39,732
Son of a... Spray him.
4
00:00:42,926 --> 00:00:44,593
Come on.
5
00:00:45,696 --> 00:00:47,395
Come on.
6
00:00:47,464 --> 00:00:48,797
Stay still.
7
00:00:55,822 --> 00:00:56,771
Let him go.
8
00:00:56,841 --> 00:00:58,018
He's not secured, Sergeant.
9
00:00:58,042 --> 00:00:59,908
I said let him go!
10
00:01:01,144 --> 00:01:03,228
He's U.S. Army.
11
00:01:03,297 --> 00:01:04,913
Well, why didn't
he say something?
12
00:01:04,982 --> 00:01:06,331
Get that thing off!
13
00:01:59,052 --> 00:02:01,069
Hey, what time did he call you?
14
00:02:01,137 --> 00:02:02,336
0500.
15
00:02:02,405 --> 00:02:04,105
Got me out of the shower.
16
00:02:04,174 --> 00:02:05,907
Don't marines ever sleep?
17
00:02:05,976 --> 00:02:07,576
Don't ask me.
18
00:02:08,645 --> 00:02:09,856
You're a bit large, sir.
19
00:02:09,880 --> 00:02:11,090
Then let's forget it.
20
00:02:11,114 --> 00:02:12,581
I can handle it.
21
00:02:12,649 --> 00:02:13,715
Is it too tight, sir?
22
00:02:13,784 --> 00:02:14,950
I don't want to hurt you.
23
00:02:15,018 --> 00:02:17,586
You're not hurting
me. Start pumping.
24
00:02:20,457 --> 00:02:23,224
Enter.
25
00:02:26,046 --> 00:02:27,829
134/90.
26
00:02:27,898 --> 00:02:29,932
Yellow light, sir.
27
00:02:30,000 --> 00:02:31,633
I work out five days a week.
28
00:02:31,702 --> 00:02:34,703
I'm eating so much fiber
I feel like a bale of hay.
29
00:02:34,772 --> 00:02:36,321
I've never been healthier.
30
00:02:36,390 --> 00:02:37,784
You might want to
consider biofeedback, sir.
31
00:02:37,808 --> 00:02:39,803
Would you like me
to look into it for you?
32
00:02:39,827 --> 00:02:40,758
No, I would not.
33
00:02:40,828 --> 00:02:42,172
It's no problem, sir.
34
00:02:42,196 --> 00:02:44,029
No biofeedback.
35
00:02:44,097 --> 00:02:46,565
Have a seat.
36
00:02:48,585 --> 00:02:50,529
Either of you been
to Guantanamo?
37
00:02:50,553 --> 00:02:51,653
No, sir.
38
00:02:51,722 --> 00:02:53,554
I've been to Cuba,
not Guantanamo, sir.
39
00:02:53,624 --> 00:02:55,490
I was there to recover
one of our F-14s.
40
00:02:55,558 --> 00:02:56,992
Were you successful?
41
00:02:57,060 --> 00:02:59,422
In a manner of speaking.
It's a bit of a long story...
42
00:02:59,446 --> 00:03:00,690
You'll tell me about it someday.
43
00:03:00,714 --> 00:03:02,497
Last night
44
00:03:02,565 --> 00:03:04,900
Army Corporal Gino
Hatanian posed as a detainee
45
00:03:04,969 --> 00:03:07,269
in what was supposed
to be a training exercise
46
00:03:07,338 --> 00:03:08,498
in handling
uncooperative prisoners...
47
00:03:08,522 --> 00:03:09,454
Supposed to be?
48
00:03:09,523 --> 00:03:10,455
The scenario was:
49
00:03:10,524 --> 00:03:11,968
Hatanian had vital information
50
00:03:11,992 --> 00:03:13,269
needed by the CIA.
51
00:03:13,293 --> 00:03:14,593
He was instructed
52
00:03:14,661 --> 00:03:16,540
to resist being
taken to interrogation.
53
00:03:16,564 --> 00:03:18,363
He resisted...
54
00:03:18,432 --> 00:03:21,249
so well, three MPs
put him in a coma.
55
00:03:21,318 --> 00:03:23,179
A coma? You're not going to keep
56
00:03:23,203 --> 00:03:24,686
echoing me, are you, Colonel?
57
00:03:24,754 --> 00:03:27,622
Echoing you?
58
00:03:27,691 --> 00:03:28,840
No, sir.
59
00:03:28,909 --> 00:03:30,508
I assume the MPs didn't know
60
00:03:30,578 --> 00:03:32,510
he was regular army, sir.
61
00:03:32,580 --> 00:03:34,123
Correct. They were
told he was Al-Qaeda.
62
00:03:34,147 --> 00:03:35,080
That's irrelevant.
63
00:03:35,148 --> 00:03:36,497
Brutality is never acceptable.
64
00:03:36,566 --> 00:03:38,199
We established
that at Abu Ghraib.
65
00:03:38,268 --> 00:03:39,863
Ah, but this is
Guantanamo, Colonel.
66
00:03:39,887 --> 00:03:41,781
The rules of physical
duress are vague
67
00:03:41,805 --> 00:03:43,716
when it comes to
suspected terrorists
68
00:03:43,740 --> 00:03:44,906
and illegal combatants.
69
00:03:44,975 --> 00:03:47,642
The MPs may very well
have not broken any law.
70
00:03:47,728 --> 00:03:49,839
General Spinoza
commands the joint task force
71
00:03:49,863 --> 00:03:51,296
that runs the detention center.
72
00:03:51,365 --> 00:03:52,664
He asked the navy to provide
73
00:03:52,733 --> 00:03:54,760
a trial team for
a court-martial.
74
00:03:54,784 --> 00:03:56,913
Colonel, you'll prosecute.
Commander, you'll defend.
75
00:03:56,937 --> 00:03:59,037
He wants us to
prosecute the MPs?
76
00:03:59,105 --> 00:04:01,440
The army has its
own JAG Corps, sir.
77
00:04:01,508 --> 00:04:04,192
Army JAG feels it'll eliminate
any perception of impropriety
78
00:04:04,261 --> 00:04:06,039
or command
influence if we take it.
79
00:04:06,063 --> 00:04:07,063
I agreed.
80
00:04:07,131 --> 00:04:09,214
Did I make a wrong
decision, Colonel?
81
00:04:09,283 --> 00:04:10,982
No, sir, of course not.
82
00:04:11,050 --> 00:04:12,229
That'll be all.
83
00:04:12,253 --> 00:04:14,319
Uh, who will preside, sir?
84
00:04:14,388 --> 00:04:15,837
Captain Munsen, Navy.
85
00:04:15,923 --> 00:04:17,355
And the court members, General?
86
00:04:17,424 --> 00:04:19,719
Mixed. If there's
nothing else...?
87
00:04:19,743 --> 00:04:20,692
No, sir.
88
00:04:20,761 --> 00:04:21,793
Thank you, sir.
89
00:04:21,861 --> 00:04:22,777
Colonel?
90
00:04:22,846 --> 00:04:24,445
Sir?
91
00:04:24,514 --> 00:04:27,448
General Spinoza isn't
particularly fond of marines,
92
00:04:27,517 --> 00:04:28,884
but don't worry...
93
00:04:28,969 --> 00:04:31,085
he likes the navy even less.
94
00:04:36,709 --> 00:04:39,677
Here are your TAD
orders, sir, ma'am.
95
00:04:39,746 --> 00:04:42,080
Your flight to Guantanamo
departs from Norfolk
96
00:04:42,149 --> 00:04:43,681
in three hours and 45 minutes.
97
00:04:43,750 --> 00:04:45,116
We better get going.
98
00:04:45,185 --> 00:04:47,319
Ten minutes ago, yes, sir.
99
00:04:49,490 --> 00:04:51,817
Hey, Bud. Oh.
100
00:04:51,841 --> 00:04:53,975
Sorry, sir.
101
00:04:54,043 --> 00:04:56,628
My leg gets a little sore
with the damp weather.
102
00:04:56,697 --> 00:04:59,347
Listen, I got to
cancel lunch today.
103
00:04:59,416 --> 00:05:01,566
I'm on my way to Guantanamo.
104
00:05:01,635 --> 00:05:03,646
Oh, no problem. Uh, you
know, Mikey's coming up.
105
00:05:03,670 --> 00:05:04,864
We'll go out and get something.
106
00:05:04,888 --> 00:05:06,483
While you're out, you
may want to check into
107
00:05:06,507 --> 00:05:07,972
a new pair of shoes.
108
00:05:09,677 --> 00:05:11,404
MacKENZIE: Okay,
on the Article 86:
109
00:05:11,428 --> 00:05:12,810
push mitigating circumstances.
110
00:05:12,879 --> 00:05:15,246
Oh, and there's a witness
who saw Petty Officer Lyons
111
00:05:15,315 --> 00:05:17,160
running out of the
PX carrying a bag...
112
00:05:17,184 --> 00:05:18,883
Mac... I've got the files.
113
00:05:18,952 --> 00:05:20,751
I have tried a case before.
114
00:05:21,955 --> 00:05:23,305
Thanks for covering for me.
115
00:05:23,373 --> 00:05:25,974
You know me, always ready
to help out a fellow officer.
116
00:05:26,043 --> 00:05:28,004
Especially when the
general orders you to.
117
00:05:31,097 --> 00:05:32,413
Mac.
118
00:05:33,867 --> 00:05:36,834
You know, you're heading
into a political minefield here.
119
00:05:36,903 --> 00:05:38,130
You won't be
prosecuting soldiers
120
00:05:38,154 --> 00:05:39,365
for assaulting another soldier.
121
00:05:39,389 --> 00:05:43,524
You'll be prosecuting
MPs for abusing a detainee,
122
00:05:43,593 --> 00:05:45,843
and the press will be on
you like locusts on wheat.
123
00:05:45,912 --> 00:05:47,713
Remember the context.
124
00:05:47,781 --> 00:05:49,541
I appreciate the
warning, Sturgis,
125
00:05:49,565 --> 00:05:51,244
but you're not my boss anymore.
126
00:05:51,268 --> 00:05:53,101
I'm not speaking
to you as a boss.
127
00:05:53,187 --> 00:05:56,821
I'll send you a
postcard from Gitmo.
128
00:06:06,749 --> 00:06:08,250
Don't worry, sir.
129
00:06:08,318 --> 00:06:11,253
You couldn't have picked
two more impassioned people.
130
00:06:13,523 --> 00:06:16,191
As legal adversaries.
131
00:06:21,215 --> 00:06:22,680
Oh, they feel good.
132
00:06:22,750 --> 00:06:23,882
I'll take them.
133
00:06:23,951 --> 00:06:25,561
Bud, that's the first
pair you tried on.
134
00:06:25,585 --> 00:06:26,705
I like them.
135
00:06:26,754 --> 00:06:28,194
Do you have any other brands?
136
00:06:28,255 --> 00:06:29,855
Mm-hmm. Thanks.
137
00:06:31,425 --> 00:06:34,158
Iraq?
138
00:06:34,227 --> 00:06:35,460
Afghanistan.
139
00:06:35,529 --> 00:06:36,577
Right, right, yeah.
140
00:06:36,646 --> 00:06:38,079
That's where you guys blew up
141
00:06:38,148 --> 00:06:40,515
$20 tents with million-
dollar missiles, right?
142
00:06:40,601 --> 00:06:43,602
Really had the
Taliban on the run.
143
00:06:43,670 --> 00:06:47,505
The minute we leave,
they're gonna be back.
144
00:06:47,574 --> 00:06:48,907
You know that, right?
145
00:06:48,976 --> 00:06:50,587
You don't even know
what you're talking about.
146
00:06:50,611 --> 00:06:52,077
Mike, let it go.
147
00:06:52,145 --> 00:06:53,790
He's entitled to his opinion.
148
00:06:53,814 --> 00:06:55,013
You lost part of a leg.
149
00:06:55,082 --> 00:06:57,649
We got kids coming
back in body bags,
150
00:06:57,701 --> 00:06:59,201
two, three limbs blown off.
151
00:06:59,269 --> 00:07:00,368
Is it worth it?
152
00:07:00,454 --> 00:07:01,936
What is your problem?
153
00:07:02,005 --> 00:07:04,305
Other than being tricked into
154
00:07:04,374 --> 00:07:07,558
a bloody, unjust, badly-planned
war we can't win? Nothing.
155
00:07:07,627 --> 00:07:08,938
Hey, we already
won the war, pal.
156
00:07:08,962 --> 00:07:10,973
Why? Because someone
declares, "Mission accomplished"?!
157
00:07:10,997 --> 00:07:13,476
No. Because we dragged a
murdering dictator out of his hole and put
158
00:07:13,500 --> 00:07:15,528
him behind bars. So, let's
get all the dictators, huh?
159
00:07:15,552 --> 00:07:17,234
Let's round 'em up, I mean...
160
00:07:17,304 --> 00:07:18,748
And what are we
gonna gain, Mike?
161
00:07:18,772 --> 00:07:20,299
I mean, what is this war about,
162
00:07:20,323 --> 00:07:22,757
other than imposing our
will? It's about our freedom.
163
00:07:22,826 --> 00:07:25,610
What freedom would I have
lost if we hadn't invaded Iraq?
164
00:07:25,679 --> 00:07:28,362
The freedom to say anything
you want, no matter how stupid.
165
00:07:28,431 --> 00:07:30,765
You know, if you don't
like what this country does,
166
00:07:30,834 --> 00:07:31,899
why don't you leave it?
167
00:07:31,985 --> 00:07:33,679
No. You leave! Oh, yeah!
168
00:07:33,703 --> 00:07:36,583
If people like us left, your daughter'd
be wearing a burka in five years.
169
00:07:36,623 --> 00:07:38,234
Oh, that is an absurd,
idiotic statement...
170
00:07:38,258 --> 00:07:39,769
You're the idiot,
you big fat piece of...
171
00:07:39,793 --> 00:07:41,654
That's enough. You
knuckle-dragging
172
00:07:41,678 --> 00:07:43,189
storm trooper. Sieg heil!
173
00:07:43,213 --> 00:07:44,774
Oh!
174
00:07:44,798 --> 00:07:46,030
Oh, I'm sorry.
175
00:07:46,099 --> 00:07:47,694
I-I thought you
were going to hit him.
176
00:07:47,718 --> 00:07:49,250
You broke my nose!
177
00:07:49,336 --> 00:07:50,835
Oh, God...!
178
00:07:53,206 --> 00:07:56,891
General Cresswell tells me
you're two of his best lawyers.
179
00:07:56,977 --> 00:07:59,277
Well, that's awfully
kind of the general, sir...
180
00:07:59,346 --> 00:08:01,813
Don't waste my time with
false modesty, Commander.
181
00:08:01,882 --> 00:08:02,814
Are you good or not?
182
00:08:02,883 --> 00:08:04,093
We get the job done, sir.
183
00:08:04,117 --> 00:08:05,361
Spoken like a true marine.
184
00:08:05,385 --> 00:08:06,801
Thank you, General.
185
00:08:06,869 --> 00:08:09,070
Will you be defending all
three men, Commander?
186
00:08:09,139 --> 00:08:12,118
Unless someone objects, sir,
or there's a conflict of interest.
187
00:08:12,142 --> 00:08:14,142
No one's pointing the
finger at anyone else,
188
00:08:14,211 --> 00:08:15,543
if that's what you mean.
189
00:08:15,612 --> 00:08:17,757
I'll wait till I interview
the accused, sir,
190
00:08:17,781 --> 00:08:19,359
before I make my determination.
191
00:08:19,383 --> 00:08:22,317
Hmm, won't take
my word for it. Good.
192
00:08:22,386 --> 00:08:25,353
You'll have full cooperation,
access to records,
193
00:08:25,422 --> 00:08:29,307
facilities, support staff, MPs,
detainees, whatever you need.
194
00:08:29,376 --> 00:08:31,370
I understand there's a videotape
of the incident, General?
195
00:08:31,394 --> 00:08:33,945
There is. Unfortunately,
it's been misplaced.
196
00:08:34,014 --> 00:08:37,615
I'd appreciate a copy as
soon as it's been located, sir.
197
00:08:37,684 --> 00:08:40,902
Absolutely. Captain Schooner
will show you to your offices.
198
00:08:45,675 --> 00:08:47,809
Commander Rabb?
199
00:08:47,895 --> 00:08:50,795
Captain Tam, Army
Trial Defense Service.
200
00:08:50,864 --> 00:08:53,197
I just got in from Fort Stewart.
201
00:08:53,266 --> 00:08:54,615
Oh, hello, Captain.
202
00:08:54,701 --> 00:08:57,151
So, is that my desk?
203
00:08:58,922 --> 00:09:01,740
They didn't tell you?
204
00:09:01,808 --> 00:09:03,808
Apparently not.
205
00:09:03,877 --> 00:09:05,559
I'll be assisting you, sir.
206
00:09:05,628 --> 00:09:09,664
Captain, I didn't request
assistance from Army JAG.
207
00:09:09,750 --> 00:09:11,649
CINCSOUTH felt
the army should have
208
00:09:11,718 --> 00:09:13,629
some representation
in this rodeo.
209
00:09:13,653 --> 00:09:16,354
You could say I'm kind
of a political appointee.
210
00:09:16,422 --> 00:09:17,555
Look, uh, Captain...
211
00:09:17,624 --> 00:09:20,608
You can refuse my
services, of course, sir.
212
00:09:20,677 --> 00:09:22,576
But I'm a damn good lawyer.
213
00:09:22,646 --> 00:09:23,995
I'm yours for free.
214
00:09:25,465 --> 00:09:27,231
All right.
215
00:09:27,300 --> 00:09:30,702
Well, you should know
that General Spinoza says
216
00:09:30,770 --> 00:09:34,538
the videotape of the
incident has been misplaced...
217
00:09:34,608 --> 00:09:35,740
I'll get on it.
218
00:09:35,809 --> 00:09:37,208
Before we do that,
219
00:09:37,277 --> 00:09:40,111
we're going to start
interviewing our clients.
220
00:09:40,180 --> 00:09:43,014
Firstly, we'll interview
Staff Sergeant Lantana.
221
00:09:43,083 --> 00:09:45,032
He was in charge
of the MP detail.
222
00:09:48,237 --> 00:09:50,104
You must be the defense team.
223
00:09:50,173 --> 00:09:52,253
That's right. I'm Brett Orman.
224
00:09:52,993 --> 00:09:55,410
This is Staff Sergeant Lantana.
225
00:09:55,479 --> 00:09:57,078
He wants to confess.
226
00:10:04,537 --> 00:10:06,499
Sir, I take full responsibility
227
00:10:06,523 --> 00:10:08,957
for what happened
to Corporal Hatanian.
228
00:10:09,025 --> 00:10:10,169
Who are you?
229
00:10:10,193 --> 00:10:12,627
I just told you. Brett Orman.
230
00:10:12,696 --> 00:10:14,823
I work for Ajax, a
private defense firm.
231
00:10:14,847 --> 00:10:17,348
- A civilian contractor.
- That's right.
232
00:10:17,417 --> 00:10:19,111
What's your
interest in this case?
233
00:10:19,135 --> 00:10:21,819
I was the one who asked
Staff Sergeant Lantana
234
00:10:21,888 --> 00:10:24,300
to bring the detainees
to the interview room.
235
00:10:24,324 --> 00:10:25,690
Staff Sergeant, I'm
Commander Rabb.
236
00:10:25,759 --> 00:10:26,675
This is Captain Tam.
237
00:10:26,743 --> 00:10:28,804
We're your legal representation.
238
00:10:28,828 --> 00:10:30,873
You'll not take responsibility
nor will you make
239
00:10:30,897 --> 00:10:32,942
any further statements
without our consultation.
240
00:10:32,966 --> 00:10:34,082
Is that understood?
241
00:10:34,151 --> 00:10:36,000
Yes, sir, but...
242
00:10:36,069 --> 00:10:38,603
I'm willing to plead
guilty if it'll help my men.
243
00:10:38,672 --> 00:10:41,005
Nobody's pleading
guilty, Staff Sergeant.
244
00:10:41,074 --> 00:10:43,024
Now, Mr. Orman,
245
00:10:43,092 --> 00:10:45,037
we'd like to speak
to our client alone.
246
00:10:45,061 --> 00:10:47,541
Guard. Of course.
247
00:10:49,182 --> 00:10:50,393
As you were, Staff Sergeant.
248
00:10:50,417 --> 00:10:51,697
Have a seat.
249
00:10:54,937 --> 00:10:56,170
Sorry, sir.
250
00:10:56,239 --> 00:10:59,007
I've never had to deal
with this kind of thing before.
251
00:10:59,075 --> 00:11:01,155
That's all to your
credit, Staff Sergeant.
252
00:11:01,193 --> 00:11:04,462
What you need to understand
is that we're on your side.
253
00:11:04,531 --> 00:11:08,415
Now take a breath and,
uh, tell us what happened.
254
00:11:09,536 --> 00:11:12,136
Okay.
255
00:11:12,205 --> 00:11:16,524
My team is part of the IRF:
the Internal Reaction Force.
256
00:11:16,593 --> 00:11:19,460
One second, please.
257
00:11:27,738 --> 00:11:30,404
Continue.
258
00:11:30,473 --> 00:11:34,308
Uh... we go in when
a detainee threatens
259
00:11:34,377 --> 00:11:38,246
another detainee or a guard,
or, uh, causes a disturbance.
260
00:11:38,314 --> 00:11:39,247
Are you armed?
261
00:11:39,315 --> 00:11:40,565
Only with pepper spray, ma'am.
262
00:11:40,634 --> 00:11:42,166
No firearms or stun guns.
263
00:11:42,234 --> 00:11:43,762
Did you know
this particular call
264
00:11:43,786 --> 00:11:45,170
was a training exercise?
265
00:11:45,238 --> 00:11:46,771
No, ma'am, they told us
266
00:11:46,839 --> 00:11:48,372
the detainee in Cell D-436
267
00:11:48,441 --> 00:11:50,775
was an Al Qaeda terrorist
with vital information.
268
00:11:50,844 --> 00:11:52,193
They?
269
00:11:52,262 --> 00:11:55,329
Intel. They told us to take him
to Mr. Orman for questioning.
270
00:11:55,398 --> 00:11:57,398
They-they warned
us that they had
271
00:11:57,467 --> 00:11:59,901
to pepper-spray him earlier
because he a-assaulted a guard.
272
00:11:59,969 --> 00:12:01,849
What happened
when you got there?
273
00:12:03,022 --> 00:12:05,289
He was hunkered
down under his bunk.
274
00:12:05,358 --> 00:12:07,625
We tried to coax him out.
275
00:12:07,693 --> 00:12:11,078
He resisted, so we got
a little more physical.
276
00:12:11,147 --> 00:12:13,192
You put the guy in the
hospital, Staff Sergeant.
277
00:12:13,216 --> 00:12:14,893
I'd call that pretty
darn physical.
278
00:12:14,917 --> 00:12:17,251
He has a concussion
279
00:12:17,320 --> 00:12:19,720
and damaged trachea.
MacKENZIE: Brain damage?
280
00:12:19,789 --> 00:12:21,601
We won't know till he wakes up.
281
00:12:21,625 --> 00:12:22,974
And when will that be?
282
00:12:23,043 --> 00:12:25,309
There's no way of telling,
but if I don't see signs
283
00:12:25,378 --> 00:12:27,795
of improvement soon, I'm
sending him to Walter Reed.
284
00:12:27,864 --> 00:12:30,431
Most of the
injuries are internal.
285
00:12:32,034 --> 00:12:34,012
You get many of these, Doctor?
286
00:12:34,036 --> 00:12:35,786
The majority of detainees suffer
287
00:12:35,855 --> 00:12:38,139
from constipation or sprains
288
00:12:38,208 --> 00:12:39,974
from playing
volleyball and soccer.
289
00:12:40,043 --> 00:12:42,355
But you have had
other types of injuries?
290
00:12:42,379 --> 00:12:44,139
Yes. Due to beatings?
291
00:12:45,181 --> 00:12:47,649
I've treated patients for
abrasions and bruises.
292
00:12:47,717 --> 00:12:49,183
Due to beatings, Doctor?
293
00:12:50,303 --> 00:12:52,219
Possibly.
294
00:12:54,240 --> 00:12:57,391
Has your IRF team beaten
up any other detainees,
295
00:12:57,460 --> 00:12:59,872
Staff Sergeant? Ma'am, we
use the minimum amount of force
296
00:12:59,896 --> 00:13:01,290
necessary to get the job done.
297
00:13:01,314 --> 00:13:02,825
You... Does that include
298
00:13:02,849 --> 00:13:05,289
softening up captives
for interrogation?
299
00:13:06,019 --> 00:13:07,451
Not in so many words.
300
00:13:07,520 --> 00:13:09,153
What does that mean?
301
00:13:09,222 --> 00:13:11,872
Ma'am, you'll have to talk
to Intelligence about that.
302
00:13:13,693 --> 00:13:16,660
You need to be candid with
us. We're here to help you.
303
00:13:16,729 --> 00:13:19,664
With all due respect,
ma'am, you don't sound like it.
304
00:13:27,023 --> 00:13:30,124
I hope you don't mind me
talking while you interrupted.
305
00:13:30,193 --> 00:13:33,172
I apologize if I was a little
over-assertive, Commander.
306
00:13:33,196 --> 00:13:34,295
Being assertive is fine.
307
00:13:34,363 --> 00:13:36,130
Just remember you're
second chair, Captain.
308
00:13:36,199 --> 00:13:38,677
Yes, sir... I just thought that
Colonel MacKenzie will try
309
00:13:38,701 --> 00:13:40,262
to establish a
pattern of behavior
310
00:13:40,286 --> 00:13:42,348
showing that MPs regularly
use coercion and force.
311
00:13:42,372 --> 00:13:44,383
She'll find detainees who
witnessed the incident,
312
00:13:44,407 --> 00:13:46,052
put them on the
stand... No, she won't,
313
00:13:46,076 --> 00:13:48,409
because she knows
I'll attack their credibility.
314
00:13:48,478 --> 00:13:51,395
Yes, but... I'm
talking now, Captain.
315
00:13:51,464 --> 00:13:53,414
Please, before
you start worrying
316
00:13:53,483 --> 00:13:55,199
about the
prosecution's strategy,
317
00:13:55,268 --> 00:13:56,884
we need to gain our
client's confidence,
318
00:13:56,953 --> 00:13:58,480
and we're not going
to be able to do that
319
00:13:58,504 --> 00:13:59,570
if you keep attacking him.
320
00:13:59,639 --> 00:14:00,833
I was playing
devil's advocate, sir.
321
00:14:00,857 --> 00:14:02,607
Well, the devil has
enough advocates.
322
00:14:02,675 --> 00:14:04,358
Start representing your client.
323
00:14:09,031 --> 00:14:10,965
Sweetie, are you okay?
324
00:14:11,034 --> 00:14:12,828
Oh, I'm good. How are you?
325
00:14:12,852 --> 00:14:14,496
I'm fine. Do you
know that they have
326
00:14:14,520 --> 00:14:16,164
Bible study class in there now?
327
00:14:16,188 --> 00:14:18,366
Jails have sure
changed since my time.
328
00:14:18,390 --> 00:14:19,602
You didn't have to come, Dad.
329
00:14:19,626 --> 00:14:20,541
Hey, what am I going to do,
330
00:14:20,610 --> 00:14:22,609
sit here and watch
you rot in jail?
331
00:14:22,679 --> 00:14:25,429
Besides, I wanted to see how
my new grandsons are doing.
332
00:14:25,498 --> 00:14:26,414
They're fine, Dad.
333
00:14:26,482 --> 00:14:28,115
Dad put up your bail.
334
00:14:28,184 --> 00:14:29,617
I appreciate that.
335
00:14:29,686 --> 00:14:30,997
Sorry to be trouble, Dad.
336
00:14:31,021 --> 00:14:32,331
Hey, no need to apologize.
337
00:14:32,355 --> 00:14:34,500
From what I hear, the
son of a bitch had it coming.
338
00:14:34,524 --> 00:14:38,125
Hell, it's about time I saw
you show some grit anyway.
339
00:14:38,194 --> 00:14:40,506
You know, one
time I was on leave
340
00:14:40,530 --> 00:14:41,963
in, uh, Subic Bay.
341
00:14:42,032 --> 00:14:44,010
This cretin tried
to steal my wallet.
342
00:14:44,034 --> 00:14:46,178
I chased him all the way...
343
00:14:46,202 --> 00:14:48,402
I just got off the phone
with the Fairfax County
344
00:14:48,471 --> 00:14:50,738
Commonwealth Attorney's Office.
345
00:14:50,807 --> 00:14:53,741
Care to venture a guess
who we talked about?
346
00:14:53,810 --> 00:14:55,409
Me, sir?
347
00:14:55,478 --> 00:14:58,580
You, sir.
348
00:14:58,648 --> 00:15:00,768
He informed me the
Commonwealth of Virginia
349
00:15:00,817 --> 00:15:02,416
is charging you with assault.
350
00:15:02,485 --> 00:15:03,751
So I've heard, sir.
351
00:15:03,820 --> 00:15:05,419
So you've heard?
352
00:15:05,488 --> 00:15:06,871
Were you ever going to tell me?
353
00:15:06,939 --> 00:15:07,872
I didn't want to burden you
354
00:15:07,941 --> 00:15:09,440
with my personal
problems, General.
355
00:15:09,509 --> 00:15:11,821
A JAG officer brawling in public
356
00:15:11,845 --> 00:15:14,656
is not a personal problem,
Commander Roberts.
357
00:15:14,680 --> 00:15:17,120
When he's in uniform
under my command,
358
00:15:17,166 --> 00:15:18,716
it's my problem.
359
00:15:21,020 --> 00:15:22,497
Did you know about this?
360
00:15:22,521 --> 00:15:23,521
No, sir.
361
00:15:26,625 --> 00:15:28,459
Did you attack this civilian?
362
00:15:28,528 --> 00:15:29,811
Yes and no, sir.
363
00:15:29,879 --> 00:15:32,330
Uh, he attacked my brother
with a shoe, and I was trying...
364
00:15:32,399 --> 00:15:34,449
A-a shoe?
365
00:15:34,517 --> 00:15:35,666
Yes, sir,
366
00:15:35,735 --> 00:15:39,003
a-a-a heavy shoe: a
wing-tipped Oxford.
367
00:15:39,072 --> 00:15:40,888
Why?
368
00:15:40,957 --> 00:15:42,040
The gentleman had said
369
00:15:42,108 --> 00:15:43,952
some disparaging
remarks about the military.
370
00:15:43,976 --> 00:15:44,909
My brother Mikey's
371
00:15:44,977 --> 00:15:46,143
a midshipman at the Academy.
372
00:15:46,212 --> 00:15:48,412
He took offense, heated
words were exchanged, and...
373
00:15:48,481 --> 00:15:51,916
So you hit a wingtip-wielding
history teacher
374
00:15:51,985 --> 00:15:54,001
because he insulted the navy?
375
00:15:54,069 --> 00:15:56,389
Well, not just the navy, sir.
The Marine Corps as well.
376
00:15:56,423 --> 00:15:58,543
Are you trying to
manipulate me, Commander?
377
00:15:58,574 --> 00:15:59,607
No, sir.
378
00:16:01,310 --> 00:16:03,321
If you're convicted,
your Naval career is over.
379
00:16:03,345 --> 00:16:04,278
You know that.
380
00:16:04,347 --> 00:16:06,113
I expect to be acquitted, sir.
381
00:16:07,483 --> 00:16:10,151
You're a member of the
Virginia Bar, Commander.
382
00:16:10,219 --> 00:16:13,254
You'll volunteer
as defense counsel.
383
00:16:13,322 --> 00:16:14,967
Aye, aye, sir.
Make this go away.
384
00:16:14,991 --> 00:16:16,040
Do my best, sir.
385
00:16:16,109 --> 00:16:18,426
After the civilians
are done with you,
386
00:16:18,495 --> 00:16:21,595
Commander Roberts...
it'll be my turn.
387
00:16:22,715 --> 00:16:24,060
That'll be all, gentlemen.
388
00:16:24,084 --> 00:16:25,450
Dismissed.
389
00:16:25,518 --> 00:16:27,358
Aye, aye, sir. Aye, aye, sir.
390
00:16:28,220 --> 00:16:29,832
Specialist Scanlon,
anything you say
391
00:16:29,856 --> 00:16:32,835
in this room is protected
by lawyer-client privilege.
392
00:16:32,859 --> 00:16:34,053
Was Corporal Hatanian violent
393
00:16:34,077 --> 00:16:35,659
or otherwise threatening?
394
00:16:35,728 --> 00:16:36,944
Yes, sir.
395
00:16:37,013 --> 00:16:38,013
How?
396
00:16:40,249 --> 00:16:41,949
Sorry.
397
00:16:42,018 --> 00:16:43,450
Did he attack you?
398
00:16:43,519 --> 00:16:45,469
He kicked me in the chest.
399
00:16:45,538 --> 00:16:48,238
If we hadn't taken him down,
he might've hurt somebody.
400
00:16:48,307 --> 00:16:51,075
Look, now I know the
guy was acting and all,
401
00:16:51,143 --> 00:16:53,038
but at the time, we
thought it was real.
402
00:16:53,062 --> 00:16:56,025
Is this how you would
normally treat a prisoner?
403
00:16:56,049 --> 00:16:57,414
We use force to subdue
404
00:16:57,483 --> 00:16:59,650
violent and recalcitrant
prisoners... yes, sir.
405
00:17:03,106 --> 00:17:05,239
You thought the
prisoner was a terrorist
406
00:17:05,308 --> 00:17:06,740
with vital information.
407
00:17:06,809 --> 00:17:08,709
Were you ordered
to soften him up?
408
00:17:11,481 --> 00:17:12,958
Well, sometimes,
we're encouraged
409
00:17:12,982 --> 00:17:15,382
to "fear up" certain
high-value prisoners.
410
00:17:15,451 --> 00:17:17,868
By whom, your officers?
411
00:17:17,937 --> 00:17:20,271
No, sir, by the OGA,
412
00:17:20,340 --> 00:17:23,156
or I should say, the civilian
contractors who work for 'em.
413
00:17:29,515 --> 00:17:30,948
General.
414
00:17:31,017 --> 00:17:33,284
Colonel MacKenzie.
415
00:17:33,352 --> 00:17:34,451
How goes the battle?
416
00:17:34,520 --> 00:17:36,165
Well, let's see, General.
417
00:17:36,189 --> 00:17:38,000
My key witness is in a coma,
418
00:17:38,024 --> 00:17:39,835
and a vital piece of
evidence is missing,
419
00:17:39,859 --> 00:17:41,804
but aside from that,
I'm in great shape.
420
00:17:41,828 --> 00:17:42,960
Glad to hear it.
421
00:17:43,029 --> 00:17:44,840
Speaking of that, any
word on the tape, sir?
422
00:17:44,864 --> 00:17:46,547
I'm certain it'll turn up.
423
00:17:46,616 --> 00:17:49,550
Seems a lucky coincidence
for your men that it's missing, sir.
424
00:17:49,619 --> 00:17:51,719
Well, subtlety isn't
high on your list
425
00:17:51,788 --> 00:17:53,387
of accomplishments,
is it, Colonel?
426
00:17:53,456 --> 00:17:54,956
No, sir, but tenacity is.
427
00:17:55,024 --> 00:17:56,757
You'll have the
tape when we find it.
428
00:17:56,826 --> 00:17:58,937
If it hasn't been
destroyed, sir.
429
00:17:58,961 --> 00:18:02,880
Suggestion: don't make
accusations you can't back up.
430
00:18:02,948 --> 00:18:04,760
When I'm ready to make
an accusation, General,
431
00:18:04,784 --> 00:18:06,064
I'll back it up.
432
00:18:06,819 --> 00:18:09,086
Excuse me. My
chow's getting cold.
433
00:18:09,155 --> 00:18:10,654
Roast lamb today.
434
00:18:10,723 --> 00:18:13,107
Enjoy your lamb, General.
435
00:18:20,983 --> 00:18:23,628
We're either the first line
of defense against terrorism
436
00:18:23,652 --> 00:18:25,464
or a symbol of
Washington's willingness
437
00:18:25,488 --> 00:18:27,754
to defy international law.
438
00:18:27,823 --> 00:18:29,539
Depends on who you talk to.
439
00:18:29,608 --> 00:18:32,877
We observe Islamic dietary laws.
440
00:18:32,945 --> 00:18:34,762
We provide a
Koran, prayer beads,
441
00:18:34,831 --> 00:18:37,331
prayer rug, and an arrow
442
00:18:37,399 --> 00:18:40,034
painted on the floor
pointing toward Mecca.
443
00:18:40,103 --> 00:18:41,936
If they cooperate. Correct.
444
00:18:42,005 --> 00:18:43,771
Cooperation earns privileges.
445
00:18:43,840 --> 00:18:46,957
Lack of cooperation,
we take away privileges.
446
00:18:47,026 --> 00:18:48,392
Keep in mind, Commander:
447
00:18:48,460 --> 00:18:51,562
these people are not
soldiers of any country.
448
00:18:51,631 --> 00:18:53,731
They're illegal
combatants not entitled
449
00:18:53,799 --> 00:18:55,016
to prisoner of war status
450
00:18:55,084 --> 00:18:57,096
and not protected by
the Geneva Conventions,
451
00:18:57,120 --> 00:19:00,637
and we do everything in our
power to treat them humanely.
452
00:19:00,707 --> 00:19:02,450
I that what they're
yelling about?
453
00:19:02,474 --> 00:19:04,452
Thanks for the humane treatment?
454
00:19:04,476 --> 00:19:06,527
They're demanding
lawyers to plead their cases
455
00:19:06,595 --> 00:19:09,346
now that the Supreme Court
ruled they have the right.
456
00:19:09,415 --> 00:19:11,677
And will they get
the opportunity?
457
00:19:11,701 --> 00:19:13,634
They'll get a fair hearing.
458
00:19:15,471 --> 00:19:18,406
What did you do before
you worked with the Agency?
459
00:19:18,474 --> 00:19:21,808
I don't work for the CIA.
Like I said, I work for Ajax.
460
00:19:21,877 --> 00:19:24,661
Well, Ajax is
contracted by the CIA.
461
00:19:27,149 --> 00:19:29,483
I was with the Army
Special Forces.
462
00:19:29,552 --> 00:19:30,645
Is that where you learned
463
00:19:30,669 --> 00:19:31,913
your interrogation techniques?
464
00:19:31,937 --> 00:19:32,853
Some.
465
00:19:32,922 --> 00:19:34,921
Some I picked up on the job.
466
00:19:34,991 --> 00:19:37,071
Like having the MPs
soften up the prisoners
467
00:19:37,126 --> 00:19:38,309
before you question them?
468
00:19:38,377 --> 00:19:40,778
I don't micromanage
the guards, Commander.
469
00:19:40,846 --> 00:19:42,546
They do what they do.
470
00:19:42,615 --> 00:19:44,692
Without any guidance from you?
471
00:19:44,716 --> 00:19:46,450
I understand you have to defend
472
00:19:46,518 --> 00:19:48,418
Staff Sergeant
Lantana and his men.
473
00:19:48,487 --> 00:19:49,686
I'd like to help you,
474
00:19:49,756 --> 00:19:52,889
but I never ordered anyone
to beat a prisoner senseless.
475
00:19:52,958 --> 00:19:53,991
Commander Rabb.
476
00:19:56,529 --> 00:19:58,162
Excuse me.
477
00:20:02,435 --> 00:20:05,553
Corporal Hatanian's awake.
478
00:20:05,621 --> 00:20:08,622
Only a couple of minutes,
Commander, no more.
479
00:20:12,027 --> 00:20:13,505
How you feeling, Corporal?
480
00:20:13,529 --> 00:20:15,679
A little woozy, sir.
481
00:20:15,747 --> 00:20:17,148
Well, we won't keep you long.
482
00:20:17,216 --> 00:20:19,533
I'm Commander Rabb.
This is Captain Tam.
483
00:20:19,602 --> 00:20:22,864
You remember what
happened to you, Corporal?
484
00:20:22,888 --> 00:20:24,821
Three MPs came.
485
00:20:24,890 --> 00:20:28,325
They dragged me
out... choked me.
486
00:20:28,394 --> 00:20:32,346
I hit my head, and
that's all I remember, sir.
487
00:20:32,415 --> 00:20:34,181
Did you recognize any of them?
488
00:20:34,250 --> 00:20:37,501
No, sir. I'm with Army CID.
489
00:20:37,569 --> 00:20:40,015
Could you identify them
if you saw them again?
490
00:20:40,039 --> 00:20:40,954
I could, ma'am,
491
00:20:41,023 --> 00:20:42,923
but I won't.
492
00:20:44,026 --> 00:20:45,209
Excuse me?
493
00:20:45,278 --> 00:20:47,111
I won't I.D. them, Colonel,
494
00:20:47,180 --> 00:20:49,730
and I won't testify
against them.
495
00:20:57,807 --> 00:20:59,807
The MPs almost
killed you, Corporal.
496
00:20:59,842 --> 00:21:01,753
You-you have a concussion,
a crushed windpipe...
497
00:21:01,777 --> 00:21:03,288
It was a training
exercise, ma'am.
498
00:21:03,312 --> 00:21:04,990
They didn't know
that I was one of them.
499
00:21:05,014 --> 00:21:06,197
That's beside the point.
500
00:21:06,265 --> 00:21:07,531
If you were a real prisoner,
501
00:21:07,600 --> 00:21:09,260
beating you up
would still be wrong.
502
00:21:09,284 --> 00:21:10,584
If the beating was intentional.
503
00:21:10,652 --> 00:21:11,919
You haven't proven it is.
504
00:21:13,038 --> 00:21:14,454
Yet.
505
00:21:15,791 --> 00:21:17,574
Listen, if they did this to you,
506
00:21:17,643 --> 00:21:19,905
they'll do it to other
defenseless prisoners.
507
00:21:19,929 --> 00:21:20,969
I don't care, ma'am.
508
00:21:22,081 --> 00:21:23,263
Corporal?
509
00:21:25,117 --> 00:21:28,552
These "defenseless
prisoners" are killers, Colonel.
510
00:21:28,620 --> 00:21:30,904
They'd cut our throats
in a minute if they could.
511
00:21:30,973 --> 00:21:33,223
That doesn't make it
right for us to abuse them.
512
00:21:33,292 --> 00:21:35,208
So we make them
stand there naked,
513
00:21:35,277 --> 00:21:37,477
wear ladies' underwear. So what?
514
00:21:37,546 --> 00:21:40,797
They traveled hundreds,
thousands of miles
515
00:21:40,866 --> 00:21:42,333
to kill Americans.
516
00:21:42,401 --> 00:21:45,169
You can't believe
how much they hate us.
517
00:21:45,238 --> 00:21:47,004
Think of 9/11.
518
00:21:47,072 --> 00:21:49,022
Those are the guys, ma'am.
519
00:21:49,091 --> 00:21:50,541
Not all of them.
520
00:21:50,609 --> 00:21:53,510
That's why we're here, ma'am...
521
00:21:53,579 --> 00:21:55,546
to find out which ones.
522
00:21:55,614 --> 00:21:56,547
I can have you ordered
523
00:21:56,615 --> 00:21:59,183
to appear, force you to testify.
524
00:21:59,251 --> 00:22:00,834
I'm sorry, Colonel.
525
00:22:00,903 --> 00:22:05,522
My memory's not so good.
526
00:22:05,591 --> 00:22:07,374
Must be my concussion.
527
00:22:08,444 --> 00:22:09,676
Do you condone this?
528
00:22:09,745 --> 00:22:13,864
Corporal... I know you
want to protect these guys.
529
00:22:13,933 --> 00:22:15,577
Believe me, I want
to help them, too.
530
00:22:15,601 --> 00:22:17,034
They're my clients.
531
00:22:17,102 --> 00:22:18,869
But you need to tell the truth.
532
00:22:18,937 --> 00:22:20,704
Let a jury decide.
533
00:22:20,772 --> 00:22:24,208
Sorry, Commander.
My head really hurts.
534
00:22:24,276 --> 00:22:27,044
I have no idea what
you're talking about.
535
00:22:27,112 --> 00:22:30,681
We were talking about
Iraq, Afghanistan, the war.
536
00:22:30,749 --> 00:22:33,150
I thought we were having
an adult conversation.
537
00:22:33,219 --> 00:22:35,402
Then suddenly they
became abusive, and pow!
538
00:22:35,471 --> 00:22:37,821
He broke my nose.
539
00:22:37,890 --> 00:22:39,340
You're a history teacher?
540
00:22:39,408 --> 00:22:42,170
Correct. I teach at Emerson
High School, in Seven Corners.
541
00:22:42,194 --> 00:22:46,513
So you're used to discussing
war, history, world events?
542
00:22:46,582 --> 00:22:48,627
Sure. I get
passionate sometimes,
543
00:22:48,651 --> 00:22:50,083
but I don't hit people.
544
00:22:50,152 --> 00:22:52,803
He resorted to violence
because he had no words.
545
00:22:52,872 --> 00:22:54,633
That's typical of the
military mentality.
546
00:22:54,657 --> 00:22:57,107
That's how we got in the
Iraqi mess in the first place.
547
00:22:57,176 --> 00:22:58,209
Objection.
548
00:22:58,277 --> 00:22:59,510
Witness is sermonizing.
549
00:22:59,579 --> 00:23:01,278
Overruled.
550
00:23:03,215 --> 00:23:04,832
Pay attention, lady.
551
00:23:07,587 --> 00:23:09,703
Staff Sergeant Efren Lantana,
552
00:23:09,772 --> 00:23:11,071
Specialist Ray Scanlon,
553
00:23:11,140 --> 00:23:13,407
Private First Class
Nathaniel Courier,
554
00:23:13,476 --> 00:23:16,359
you are charged with
violation of UCMJ Articles 128,
555
00:23:16,428 --> 00:23:19,579
93 and 92: assault,
556
00:23:19,648 --> 00:23:23,234
maltreatment, and dereliction
of duty for willfully failing
557
00:23:23,302 --> 00:23:26,336
to protect a prisoner from
abuse and maltreatment.
558
00:23:26,405 --> 00:23:27,938
How do you plead?
559
00:23:28,007 --> 00:23:29,606
Not guilty.
560
00:23:29,675 --> 00:23:31,208
Not guilty.
561
00:23:31,277 --> 00:23:32,643
Not guilty, sir.
562
00:23:32,711 --> 00:23:36,530
Corporal Hatanian suffered
a severe impact to the skull,
563
00:23:36,599 --> 00:23:39,600
causing a temporary alteration
in neurological function.
564
00:23:39,668 --> 00:23:41,234
In other words, a concussion.
565
00:23:41,303 --> 00:23:42,347
Yes.
566
00:23:42,371 --> 00:23:43,937
Luckily, there was
no brain damage.
567
00:23:44,006 --> 00:23:45,506
At least none
that I could detect.
568
00:23:45,574 --> 00:23:47,235
What other injuries
did he sustain?
569
00:23:47,259 --> 00:23:50,677
His windpipe is inflamed
from pressure around his throat.
570
00:23:50,746 --> 00:23:53,347
What caused these
injuries, Doctor?
571
00:23:53,415 --> 00:23:55,696
The man was beaten and choked.
572
00:23:55,734 --> 00:23:58,018
How many similar
cases have you treated?
573
00:23:58,087 --> 00:24:00,966
Objection. The accused are not
on trial for other alleged beatings.
574
00:24:00,990 --> 00:24:03,323
Your Honor, I intend to
establish a pattern of behavior
575
00:24:03,392 --> 00:24:04,836
proving the culture
at Camp Delta
576
00:24:04,860 --> 00:24:06,187
accepts, even encourages,
577
00:24:06,211 --> 00:24:07,856
prisoner abuse for the purpose
578
00:24:07,880 --> 00:24:09,179
of eliciting information.
579
00:24:09,248 --> 00:24:11,794
Counsel is on a fishing
expedition, Your Honor.
580
00:24:11,818 --> 00:24:14,584
This is a court-martial,
not a Senate investigation.
581
00:24:14,653 --> 00:24:16,781
So you admit a Senate
investigation is appropriate.
582
00:24:16,805 --> 00:24:18,038
Colonel MacKenzie...
583
00:24:18,107 --> 00:24:19,585
Your Honor, I'm trying
to bring everything out
584
00:24:19,609 --> 00:24:21,569
into the open. After
Abu Ghraib, the military
585
00:24:21,593 --> 00:24:23,404
can't afford the
appearance of a cover-up.
586
00:24:23,428 --> 00:24:25,879
That reference is inflammatory
and gratuitous, Colonel.
587
00:24:25,948 --> 00:24:28,549
Tactics like that won't
cook in my courtroom.
588
00:24:28,617 --> 00:24:30,050
I apologize, Your Honor.
589
00:24:30,119 --> 00:24:32,435
Commander, I'm going
to overrule your objection
590
00:24:32,504 --> 00:24:34,270
because I want
to hear the answer.
591
00:24:34,339 --> 00:24:37,074
Not because I'm afraid of
being accused of a cover-up.
592
00:24:38,594 --> 00:24:41,106
Major, how many similar
cases have you treated?
593
00:24:41,130 --> 00:24:42,763
Less than a dozen, sir.
594
00:24:42,832 --> 00:24:44,064
None this severe.
595
00:24:44,133 --> 00:24:46,550
That answer your
question, Colonel?
596
00:24:46,618 --> 00:24:47,812
Yes, sir. Thank you.
597
00:24:47,836 --> 00:24:50,370
No further questions.
598
00:24:50,439 --> 00:24:52,806
Doctor, could Corporal
Hatanian's injuries
599
00:24:52,874 --> 00:24:55,909
have resulted from a
struggle, rather than a beating?
600
00:24:55,978 --> 00:24:57,027
How so?
601
00:24:57,096 --> 00:24:58,473
Well, for instance,
his concussion
602
00:24:58,497 --> 00:24:59,663
could have been the result
603
00:24:59,731 --> 00:25:01,843
of accidentally hitting his
head on the metal bunk
604
00:25:01,867 --> 00:25:03,851
when the M.P.s dragged
him out from under it.
605
00:25:03,919 --> 00:25:05,002
It could have.
606
00:25:05,070 --> 00:25:07,182
And the compression
of his trachea
607
00:25:07,206 --> 00:25:09,167
could have resulted
in any number of ways
608
00:25:09,191 --> 00:25:10,452
as he violently resisted.
609
00:25:10,476 --> 00:25:12,759
I wasn't there,
but it's possible.
610
00:25:12,828 --> 00:25:14,868
Thank you, Doctor.
No further questions.
611
00:25:14,897 --> 00:25:17,564
Doctor, could the bruises around
the Corporal's throat be caused
612
00:25:17,633 --> 00:25:19,993
by "accidentally" sticking
his neck into a pair of hands
613
00:25:20,035 --> 00:25:21,634
and choking himself?
614
00:25:21,703 --> 00:25:22,052
I withdraw the question.
615
00:25:22,121 --> 00:25:23,136
G himself?
616
00:25:23,205 --> 00:25:27,908
Ted you were having
an adult conversation,
617
00:25:27,976 --> 00:25:30,216
and then "pow," Commander
Roberts broke your nose.
618
00:25:30,245 --> 00:25:31,312
That's right.
619
00:25:31,380 --> 00:25:33,258
Well, did your part
of this conversation
620
00:25:33,282 --> 00:25:34,448
include such phrases as,
621
00:25:34,517 --> 00:25:37,100
"knuckle-dragging
storm troopers"?
622
00:25:37,169 --> 00:25:38,452
I didn't mean that literally.
623
00:25:38,521 --> 00:25:39,664
Is that what you
call your students
624
00:25:39,688 --> 00:25:40,949
when they disagree
with you in class?
625
00:25:40,973 --> 00:25:42,600
Objection. Sustained.
626
00:25:42,624 --> 00:25:45,342
And when you raised your
arm in a threatening manner
627
00:25:45,411 --> 00:25:46,744
and shouted, "Sieg Heil,"
628
00:25:46,812 --> 00:25:48,445
did you mean that literally?
629
00:25:48,514 --> 00:25:49,446
Of course not.
630
00:25:49,514 --> 00:25:50,514
Just a part of your
631
00:25:50,583 --> 00:25:52,282
"adult conversation"? Objection.
632
00:25:52,351 --> 00:25:53,566
Sustained.
633
00:25:53,636 --> 00:25:56,086
Did you threaten the
defendant's brother with a shoe?
634
00:25:56,155 --> 00:25:57,087
That's ludicrous.
635
00:25:57,155 --> 00:25:58,839
I might've picked up a shoe,
636
00:25:58,907 --> 00:26:00,485
but we were in a shoe
store, for God's sake.
637
00:26:00,509 --> 00:26:02,742
I certainly didn't
threaten anyone with it.
638
00:26:02,811 --> 00:26:06,229
You didn't raise it as
if to strike someone?
639
00:26:06,298 --> 00:26:07,847
Objection. Asked and answered.
640
00:26:07,916 --> 00:26:09,549
Sustained.
641
00:26:09,618 --> 00:26:11,330
Put your shoe
back on, Counselor.
642
00:26:11,354 --> 00:26:14,571
Isn't it possible that
Commander Roberts thought
643
00:26:14,640 --> 00:26:16,473
you were going
to hit his brother?
644
00:26:16,542 --> 00:26:17,490
I don't know.
645
00:26:17,559 --> 00:26:19,592
Maybe. And his
hitting me was what,
646
00:26:19,662 --> 00:26:20,827
a preemptive strike?
647
00:26:20,896 --> 00:26:23,346
We know how much
the military loves those.
648
00:26:23,415 --> 00:26:24,681
Your Honor...
649
00:26:24,750 --> 00:26:26,399
Just answer the
questions, Mr. Flanzer.
650
00:26:26,468 --> 00:26:27,729
Yes, ma'am.
651
00:26:27,753 --> 00:26:30,186
Are you aware that
Commander Roberts lost his leg
652
00:26:30,256 --> 00:26:31,888
while on a humanitarian mission
653
00:26:31,957 --> 00:26:33,373
in Afghanistan,
654
00:26:33,442 --> 00:26:35,475
saving a young boy
from a minefield?
655
00:26:35,544 --> 00:26:37,177
Objection. Irrelevant.
656
00:26:37,246 --> 00:26:38,528
Sustained.
657
00:26:38,597 --> 00:26:40,513
Exception.
658
00:26:40,582 --> 00:26:43,250
Noted. Any further questions?
659
00:26:45,638 --> 00:26:47,265
No, ma'am. I'm done
with this witness.
660
00:26:47,289 --> 00:26:50,491
This court is recessed
until 9:00 a.m. tomorrow.
661
00:26:51,944 --> 00:26:53,644
You nailed him.
662
00:26:53,712 --> 00:26:55,407
With this judge, I don't know.
663
00:26:55,431 --> 00:26:58,026
Mr. Rasuli, how long
were you incarcerated
664
00:26:58,050 --> 00:26:59,382
at Guantanamo?
665
00:26:59,451 --> 00:27:00,751
20 months.
666
00:27:00,820 --> 00:27:02,297
Why were you released?
667
00:27:02,321 --> 00:27:04,488
I was no longer "dangerous."
668
00:27:04,556 --> 00:27:07,992
Would you, uh, describe
your experience here?
669
00:27:08,060 --> 00:27:11,161
Horrible. A nightmare.
670
00:27:11,230 --> 00:27:12,412
They pepper-sprayed me,
671
00:27:12,481 --> 00:27:13,780
they pinned me down,
672
00:27:13,848 --> 00:27:16,227
they poked their
fingers in my eyes.
673
00:27:16,251 --> 00:27:18,630
They forced my
head into the toilet,
674
00:27:18,654 --> 00:27:22,088
and they promised to send
me to an Arab country for torture.
675
00:27:22,157 --> 00:27:23,590
Were you beaten, as well?
676
00:27:23,659 --> 00:27:27,294
Once. They tied me up, and
they punched and they kicked me,
677
00:27:27,363 --> 00:27:29,463
then they dragged
me out of my cell
678
00:27:29,531 --> 00:27:31,331
and into the recreation yard,
679
00:27:31,400 --> 00:27:34,517
where they just left me
to lie in the sun all day.
680
00:27:34,586 --> 00:27:37,504
Thank you. No further questions.
681
00:27:41,860 --> 00:27:43,176
Where were you raised?
682
00:27:43,245 --> 00:27:44,460
England.
683
00:27:44,530 --> 00:27:47,364
My parents came there from
Jordan when I was very young.
684
00:27:47,432 --> 00:27:50,117
And you were educated
in English schools?
685
00:27:50,185 --> 00:27:51,284
Yes.
686
00:27:51,353 --> 00:27:53,953
A British subject with
Jordanian parents.
687
00:27:54,022 --> 00:27:55,622
Why were you in Afghanistan?
688
00:27:55,691 --> 00:27:57,407
I was visiting friends.
689
00:27:57,476 --> 00:27:58,742
Friends in the Taliban?
690
00:27:58,810 --> 00:28:01,156
Objection. Mr. Rasuli
is not on trial here.
691
00:28:01,180 --> 00:28:03,024
Counsel's reference
to the Taliban
692
00:28:03,048 --> 00:28:04,814
is immaterial and prejudicial.
693
00:28:04,883 --> 00:28:06,683
Sustained. Move on, Captain.
694
00:28:08,837 --> 00:28:10,803
When were you
released, Mr. Rasuli?
695
00:28:10,872 --> 00:28:11,805
About nine months ago.
696
00:28:11,874 --> 00:28:12,806
Why'd it take you so long
697
00:28:12,875 --> 00:28:14,975
to come forward with
these allegations?
698
00:28:15,043 --> 00:28:17,477
I was too traumatized
to speak up until now.
699
00:28:17,546 --> 00:28:19,613
Because you were
beaten every day?
700
00:28:19,682 --> 00:28:21,114
It was not every day.
701
00:28:21,183 --> 00:28:22,815
It was once, as I said.
702
00:28:22,884 --> 00:28:24,984
One time.
703
00:28:25,053 --> 00:28:26,737
Out of 20 months.
704
00:28:26,805 --> 00:28:28,538
Were you fed three meals a day
705
00:28:28,607 --> 00:28:30,487
according to
Muslim dietary laws?
706
00:28:30,542 --> 00:28:31,458
Yes.
707
00:28:31,527 --> 00:28:33,627
Did you receive medical care,
708
00:28:33,695 --> 00:28:34,844
clothing, shoes,
709
00:28:34,913 --> 00:28:37,297
showers, toiletries,
710
00:28:37,366 --> 00:28:40,149
the opportunity to worship,
the means to send mail?
711
00:28:40,218 --> 00:28:43,120
Yes, but I was still
a prisoner in a cage.
712
00:28:43,188 --> 00:28:45,656
Please look at the three
men at the defense table.
713
00:28:47,409 --> 00:28:48,942
Can you identify any of them
714
00:28:49,011 --> 00:28:51,277
as the ones who
allegedly mistreated you?
715
00:28:53,498 --> 00:28:56,749
They all look alike to me.
716
00:28:56,818 --> 00:28:58,735
Thank you.
717
00:29:00,338 --> 00:29:01,816
I have a question, Mr. Rasuli.
718
00:29:01,840 --> 00:29:04,024
Did you file a lawsuit
in the British courts
719
00:29:04,092 --> 00:29:06,760
seeking $10 million compensation
720
00:29:06,829 --> 00:29:07,949
from the U.S. government
721
00:29:08,013 --> 00:29:09,824
for your detention
here in Guantanamo?
722
00:29:09,848 --> 00:29:13,333
Yes. They should pay me for my
mental anguish and my lost time.
723
00:29:13,402 --> 00:29:14,934
So you have a personal interest
724
00:29:15,004 --> 00:29:17,604
in establishing that
detainees are mistreated here.
725
00:29:17,673 --> 00:29:19,089
I'm telling the truth.
726
00:29:19,158 --> 00:29:20,918
Well, the problem is,
727
00:29:20,942 --> 00:29:22,554
that judge doesn't
like you too much.
728
00:29:22,578 --> 00:29:23,810
Oh, you think?
729
00:29:23,879 --> 00:29:26,240
I think she and that
DA are getting it on.
730
00:29:26,264 --> 00:29:27,608
Oh, Dad, please. I just ate.
731
00:29:27,632 --> 00:29:29,577
Say, are you sure
Turner's the right guy
732
00:29:29,601 --> 00:29:30,945
for this job? Where's Rabb?
733
00:29:30,969 --> 00:29:32,135
In Guantanamo, and, yes,
734
00:29:32,204 --> 00:29:34,271
Commander Turner
is an excellent attorney.
735
00:29:34,339 --> 00:29:35,839
I have complete faith in him.
736
00:29:35,908 --> 00:29:37,619
Well, I'll still
feel a lot better
737
00:29:37,643 --> 00:29:39,726
when you're on the
stand tomorrow, son.
738
00:29:39,794 --> 00:29:41,072
I just hope I can help.
739
00:29:41,096 --> 00:29:42,028
Sure you can.
740
00:29:42,097 --> 00:29:44,164
Just don't slant it too much.
741
00:29:44,233 --> 00:29:45,343
Slant it?
742
00:29:45,367 --> 00:29:47,200
Yeah. Just don't be too obvious.
743
00:29:47,269 --> 00:29:48,752
I don't want him to lie.
744
00:29:48,821 --> 00:29:50,336
I'm not saying to lie.
745
00:29:50,406 --> 00:29:52,839
I'm saying accentuate
the positive.
746
00:29:52,908 --> 00:29:56,360
You tell 'em what you saw, Mike.
747
00:29:56,428 --> 00:29:58,211
Hey, you don't want my help...
748
00:29:58,280 --> 00:30:00,247
Dad, of course
they want your help.
749
00:30:00,315 --> 00:30:02,598
Just not anything
that involves perjury.
750
00:30:02,667 --> 00:30:05,502
Fine. Do what you want.
751
00:30:05,571 --> 00:30:08,204
Hey! Where are you going?
752
00:30:08,273 --> 00:30:10,473
I got a date.
753
00:30:10,542 --> 00:30:12,042
And you know, once in a while
754
00:30:12,110 --> 00:30:14,670
it wouldn't hurt you to
listen to your old man.
755
00:30:19,067 --> 00:30:20,267
Cap...
756
00:30:20,335 --> 00:30:23,086
you'll want to look
over this witness list.
757
00:30:23,155 --> 00:30:25,154
I found the tape, sir.
758
00:30:25,223 --> 00:30:26,651
It was in the recycle pile.
759
00:30:26,675 --> 00:30:29,576
I'm sure it wasn't deliberate.
760
00:30:31,213 --> 00:30:32,378
Nice job.
761
00:30:32,447 --> 00:30:34,998
I'll inform Colonel MacKenzie.
762
00:30:44,793 --> 00:30:46,126
Extract him.
763
00:30:54,286 --> 00:30:56,586
Let him go. I said let him go!
764
00:30:58,674 --> 00:30:59,606
He's U.S. Army.
765
00:30:59,675 --> 00:31:01,241
Well, why didn't
he say something?
766
00:31:01,310 --> 00:31:03,326
Get that thing off!
767
00:31:03,395 --> 00:31:05,979
I'll want a copy of that.
768
00:31:06,047 --> 00:31:08,382
We'll see that you get one.
769
00:31:11,170 --> 00:31:12,997
We're fighting a
losing battle now, sir.
770
00:31:13,021 --> 00:31:15,589
They're the only
kind worth fighting.
771
00:31:15,657 --> 00:31:18,475
Play it again, Tam.
772
00:31:27,752 --> 00:31:29,264
Just the man I'm looking for.
773
00:31:29,288 --> 00:31:31,121
What can I do for
you, Master Chief?
774
00:31:31,190 --> 00:31:32,555
I had a date last night.
775
00:31:32,624 --> 00:31:34,724
Ordinarily, I'd love to
hear about your love life,
776
00:31:34,793 --> 00:31:36,871
but I've got to be in
court in 35 minutes.
777
00:31:36,895 --> 00:31:38,594
Well, I wouldn't worry
about that too much.
778
00:31:38,663 --> 00:31:40,213
Lana's going to be late.
779
00:31:40,282 --> 00:31:42,432
When I left, she was
just falling asleep.
780
00:31:42,501 --> 00:31:43,416
Lana?
781
00:31:43,485 --> 00:31:44,767
Yeah, that court reporter?
782
00:31:44,836 --> 00:31:46,102
Very nimble fingers.
783
00:31:46,171 --> 00:31:47,487
Too much information.
784
00:31:47,556 --> 00:31:49,438
Is this too much information?
785
00:31:49,507 --> 00:31:52,559
Judge Mayfield
hates the military.
786
00:31:52,628 --> 00:31:55,361
Now, why would you say that?
787
00:31:55,430 --> 00:31:59,150
Because she had a son who was
recently killed in action in Fallujah.
788
00:31:59,184 --> 00:32:01,835
I'll bet you could
get a mistrial.
789
00:32:03,222 --> 00:32:05,182
You got to do
something. You're losing.
790
00:32:05,206 --> 00:32:07,257
This conversation
never happened.
791
00:32:07,326 --> 00:32:09,459
Rabb would've done something!
792
00:32:09,528 --> 00:32:11,778
Mr. Orman, can you describe
793
00:32:11,847 --> 00:32:13,967
some of the more
aggressive methods you used
794
00:32:14,015 --> 00:32:15,860
to extract information
from prisoners?
795
00:32:15,884 --> 00:32:17,166
Lengthy questioning,
796
00:32:17,235 --> 00:32:20,520
misinformation about
another prisoners' disclosures,
797
00:32:20,588 --> 00:32:21,788
perks for cooperating.
798
00:32:21,857 --> 00:32:24,090
And if the subject
doesn't want to cooperate?
799
00:32:24,159 --> 00:32:26,053
If he's a high-value
intelligence source,
800
00:32:26,077 --> 00:32:26,960
we turn up the heat.
801
00:32:27,029 --> 00:32:27,844
Meaning?
802
00:32:27,913 --> 00:32:29,496
Psychological
803
00:32:29,564 --> 00:32:31,631
and/or physical duress.
804
00:32:31,700 --> 00:32:34,267
Can you be more specific
for the members, please?
805
00:32:34,336 --> 00:32:37,754
Blindfolding, shackling,
high decibel music,
806
00:32:37,823 --> 00:32:42,425
isolation, uncomfortable
positions, heat, cold.
807
00:32:42,493 --> 00:32:43,610
Humiliation?
808
00:32:43,678 --> 00:32:46,029
If you mean, do
I make them strip
809
00:32:46,098 --> 00:32:48,447
and simulate sex acts, no.
810
00:32:48,516 --> 00:32:51,651
Any other types
of physical duress?
811
00:32:51,720 --> 00:32:54,170
Uh, waterboarding, beatings?
812
00:32:54,239 --> 00:32:57,357
I never ordered anyone
waterboarded or beaten.
813
00:32:57,425 --> 00:32:59,326
Your Honor, with
your permission,
814
00:32:59,395 --> 00:33:01,611
I'd like to show a
tape to the court.
815
00:33:13,992 --> 00:33:15,291
Let him go.
816
00:33:15,360 --> 00:33:17,560
I said let him go!
817
00:33:19,614 --> 00:33:21,114
He's U.S. Army.
818
00:33:21,183 --> 00:33:22,315
Get that thing off!
819
00:33:24,920 --> 00:33:28,738
Are you saying, Mr. Orman, that
the accused acted on their own?
820
00:33:28,807 --> 00:33:31,040
Objection. Leading the witness.
821
00:33:31,109 --> 00:33:32,693
I'll rephrase.
822
00:33:32,761 --> 00:33:35,695
To your knowledge, did
anyone order the accused
823
00:33:35,764 --> 00:33:38,047
to remove the
occupant of cell D-436
824
00:33:38,116 --> 00:33:40,000
by beating and choking him?
825
00:33:40,069 --> 00:33:42,669
No. Not to my knowledge.
826
00:33:45,457 --> 00:33:46,622
Mr. Roberts, did you feel
827
00:33:46,691 --> 00:33:47,890
threatened in any way
828
00:33:47,960 --> 00:33:50,393
when Mr. Flanzer launched
his dread shoe attack?
829
00:33:50,462 --> 00:33:51,912
Your Honor...
830
00:33:51,997 --> 00:33:54,214
Lose the sarcasm, Mr. Wilson.
831
00:33:54,283 --> 00:33:55,432
Sorry, Judge.
832
00:33:55,500 --> 00:33:57,951
Did you feel threatened?
833
00:33:58,020 --> 00:34:00,253
No, not really.
834
00:34:00,339 --> 00:34:02,367
So your brother's
violent response
835
00:34:02,391 --> 00:34:03,773
was unnecessary
836
00:34:03,842 --> 00:34:05,141
and excessive, wasn't it?
837
00:34:05,210 --> 00:34:07,944
I guess it was a little
unnecessary, yeah,
838
00:34:08,012 --> 00:34:09,379
but he was just...
839
00:34:09,431 --> 00:34:12,231
Has your brother ever
displayed fits of rage before?
840
00:34:12,300 --> 00:34:13,499
Objection.
841
00:34:13,568 --> 00:34:15,547
Goes to predisposition
toward violence, Your Honor.
842
00:34:15,571 --> 00:34:16,503
Overruled.
843
00:34:16,572 --> 00:34:18,171
What a surprise.
844
00:34:18,240 --> 00:34:20,001
Not rage, exactly.
845
00:34:20,025 --> 00:34:21,708
He did go off on me once,
846
00:34:21,777 --> 00:34:23,888
when I lost his son
at a mall, but it was
847
00:34:23,912 --> 00:34:25,779
my fault, and I found him later.
848
00:34:25,864 --> 00:34:29,766
So with sufficient provocation,
he displays uncontrolled anger.
849
00:34:29,835 --> 00:34:32,335
Thank you for your candor.
850
00:34:32,404 --> 00:34:34,644
Midshipman, even though
you didn't feel threatened
851
00:34:34,689 --> 00:34:36,890
in the shoe store,
could your brother
852
00:34:36,958 --> 00:34:38,653
have believed you
were in danger?
853
00:34:38,677 --> 00:34:39,876
Absolutely, sir.
854
00:34:39,945 --> 00:34:40,945
Why?
855
00:34:40,996 --> 00:34:42,774
Because that guy
was out of control,
856
00:34:42,798 --> 00:34:44,526
getting in our faces like that.
857
00:34:44,550 --> 00:34:46,160
We didn't do anything
to provoke him,
858
00:34:46,184 --> 00:34:47,734
except maybe wear our uniforms.
859
00:34:47,803 --> 00:34:49,914
So I could see
why Bud might think
860
00:34:49,938 --> 00:34:51,371
he was a loose cannon.
861
00:34:51,440 --> 00:34:53,974
Now, you stated that your
brother "went off on you"
862
00:34:54,042 --> 00:34:55,725
because you lost his son.
863
00:34:55,794 --> 00:34:57,872
When that happened,
did he hit you?
864
00:34:57,896 --> 00:34:59,079
No, sir.
865
00:34:59,148 --> 00:35:00,246
Did he ever hit you?
866
00:35:00,315 --> 00:35:01,063
No, sir.
867
00:35:01,116 --> 00:35:02,048
Not even as kids?
868
00:35:02,117 --> 00:35:03,344
No.
869
00:35:03,368 --> 00:35:06,769
Bud's just not that
kind of person, ma'am.
870
00:35:06,838 --> 00:35:08,538
He's a nice guy.
871
00:35:08,607 --> 00:35:09,839
Thank you, Midshipman.
872
00:35:11,877 --> 00:35:14,610
Did you ever ask the guards
to help you set conditions
873
00:35:14,679 --> 00:35:16,858
for a successful interrogation?
874
00:35:16,882 --> 00:35:20,600
Yes, using the
carrot-and-stick approach.
875
00:35:20,669 --> 00:35:22,569
The stick being...?
876
00:35:22,638 --> 00:35:25,705
Denying privileges,
fear, intimidation.
877
00:35:25,774 --> 00:35:27,707
But not beatings.
878
00:35:27,775 --> 00:35:30,009
So you don't believe in torture.
879
00:35:30,095 --> 00:35:31,461
I didn't say that.
880
00:35:31,529 --> 00:35:35,131
But the wanton infliction
of pain is counterproductive
881
00:35:35,200 --> 00:35:37,533
to effective
intelligence gathering.
882
00:35:37,603 --> 00:35:40,069
Pain is not as great a motivator
883
00:35:40,138 --> 00:35:41,438
as fear of pain.
884
00:35:41,506 --> 00:35:44,224
Well, I'll defer to your
expert knowledge.
885
00:35:44,292 --> 00:35:46,526
Who do you receive
your authorization
886
00:35:46,594 --> 00:35:49,929
to inflict this "fear of pain"
on your high-value prisoners?
887
00:35:49,998 --> 00:35:51,197
My company. Ajax.
888
00:35:51,265 --> 00:35:52,343
And what government
889
00:35:52,367 --> 00:35:54,684
agency is Ajax contracted to?
890
00:35:54,753 --> 00:35:56,536
I don't know.
891
00:35:56,622 --> 00:35:59,272
Well, let's see
what you do know.
892
00:36:00,659 --> 00:36:02,820
I'm going to play
the tape again.
893
00:36:02,844 --> 00:36:04,411
Just the last part.
894
00:36:05,631 --> 00:36:07,363
He's U.S. Army.
895
00:36:07,432 --> 00:36:08,815
Get that thing off!
896
00:36:08,884 --> 00:36:12,635
Now I'm going to play it
forward from here in slow motion.
897
00:36:23,866 --> 00:36:27,300
Is that you in the
red hat, Mr. Orman?
898
00:36:34,325 --> 00:36:35,792
I never ordered that beating.
899
00:36:35,861 --> 00:36:38,595
You didn't stop it, though,
either, did you, Mr. Orman?
900
00:36:40,382 --> 00:36:42,982
You always get the MP's
to do your dirty work for you?
901
00:36:43,051 --> 00:36:44,216
It's not dirty work.
902
00:36:44,285 --> 00:36:46,205
It's what we do
to fight terrorism.
903
00:36:46,255 --> 00:36:48,388
The Pentagon's memo last June
904
00:36:48,473 --> 00:36:50,974
stated that the president
can legally authorize
905
00:36:51,042 --> 00:36:51,991
some forms of torture
906
00:36:52,060 --> 00:36:53,271
for detainees.
907
00:36:53,295 --> 00:36:54,588
Even if I sanctioned
908
00:36:54,612 --> 00:36:56,146
that beating, which I did not,
909
00:36:56,214 --> 00:36:58,126
there's so much
confusion over the issue,
910
00:36:58,150 --> 00:37:00,566
who can say what's
lawful and what's not?
911
00:37:03,438 --> 00:37:05,549
Bud is the kindest, gentlest
man I've ever known.
912
00:37:05,573 --> 00:37:09,275
And he hates violence, and
he rarely loses his temper.
913
00:37:09,344 --> 00:37:11,311
And when he does, he just gets
914
00:37:11,379 --> 00:37:13,524
that cute, little pouty-thing
around his mouth.
915
00:37:13,548 --> 00:37:15,714
Didn't your husband
get into a barroom brawl
916
00:37:15,784 --> 00:37:17,061
the night of his bachelor party?
917
00:37:17,085 --> 00:37:18,263
Oh, that wasn't a brawl.
918
00:37:18,287 --> 00:37:20,531
He got beaten up by
a pregnant stripper.
919
00:37:20,555 --> 00:37:21,755
Ah.
920
00:37:21,823 --> 00:37:25,475
Yet another assault
by a pregnant stripper.
921
00:37:25,544 --> 00:37:26,475
Sorry, Judge.
922
00:37:26,545 --> 00:37:27,922
For a gentle man, your husband
923
00:37:27,946 --> 00:37:29,740
seems to get
into a lot of fights.
924
00:37:29,764 --> 00:37:31,598
No more questions.
925
00:37:31,667 --> 00:37:34,867
The witness may step down.
926
00:37:34,936 --> 00:37:37,670
Any more witnesses,
Commander Turner?
927
00:37:40,608 --> 00:37:41,975
A motion, Your Honor.
928
00:37:42,043 --> 00:37:46,062
I move that the Court
declare a mistrial
929
00:37:46,130 --> 00:37:47,625
and remove itself
from the proceedings.
930
00:37:47,649 --> 00:37:48,681
On what grounds?
931
00:37:48,750 --> 00:37:50,194
That the Court,
having recently suffered
932
00:37:50,218 --> 00:37:52,918
a personal loss, is
biased against the military.
933
00:37:57,542 --> 00:37:59,575
Commander Turner,
934
00:37:59,644 --> 00:38:03,646
your allegation
of bias is frivolous.
935
00:38:03,715 --> 00:38:05,882
It is also insulting
to this Court,
936
00:38:05,951 --> 00:38:08,618
and it smacks of desperation.
937
00:38:08,670 --> 00:38:11,237
Now you obviously
dug into my personal life,
938
00:38:11,306 --> 00:38:13,368
which you had no business doing.
939
00:38:13,392 --> 00:38:15,091
Your motion is denied.
940
00:38:15,143 --> 00:38:17,155
I'll hear closing
arguments tomorrow.
941
00:38:17,179 --> 00:38:18,478
In the meantime, Commander,
942
00:38:18,547 --> 00:38:21,480
I'm going to consider
charging you with contempt.
943
00:38:21,549 --> 00:38:23,044
Court is recessed.
944
00:38:24,702 --> 00:38:27,069
General Spinoza, do you support
945
00:38:27,138 --> 00:38:30,607
a policy of controlled
manipulation of detainees here?
946
00:38:30,675 --> 00:38:32,024
For the purpose of extracting
947
00:38:32,110 --> 00:38:33,409
information, yes.
948
00:38:33,478 --> 00:38:35,823
But per a directive issued
by the Secretary of Defense,
949
00:38:35,847 --> 00:38:37,981
the policy precludes
inflicting severe,
950
00:38:38,049 --> 00:38:40,750
intentional pain or causing
permanent damage.
951
00:38:40,819 --> 00:38:42,479
Well, sir, do you
believe that my clients
952
00:38:42,503 --> 00:38:44,115
were within the
framework of that policy
953
00:38:44,139 --> 00:38:45,438
when they forcefully removed
954
00:38:45,506 --> 00:38:47,185
Corporal Hatanian
from his cell, sir?
955
00:38:47,209 --> 00:38:48,241
Yes, they were.
956
00:38:48,310 --> 00:38:49,354
Thank you, General.
957
00:38:49,378 --> 00:38:50,810
No further questions.
958
00:38:50,879 --> 00:38:54,313
Well, then, General,
I'm confused.
959
00:38:54,383 --> 00:38:56,683
If you believe the
accused did no wrong,
960
00:38:56,752 --> 00:38:58,679
why did you convene
this court-martial?
961
00:38:58,703 --> 00:39:00,820
To publicly respond
to those who believe
962
00:39:00,888 --> 00:39:02,848
we are violating
detainees' rights.
963
00:39:02,891 --> 00:39:04,257
And what is your response, sir?
964
00:39:04,325 --> 00:39:05,675
Applying duress
965
00:39:05,727 --> 00:39:08,561
to a detainee is as repugnant
to me as it is to anyone,
966
00:39:08,630 --> 00:39:11,797
but extreme peril demands
extreme measures.
967
00:39:11,866 --> 00:39:13,433
Aggressive interrogation
968
00:39:13,502 --> 00:39:15,768
helped us locate Saddam Hussein,
969
00:39:15,837 --> 00:39:18,504
neutralize two-thirds of
Al Qaeda's top operatives,
970
00:39:18,573 --> 00:39:20,573
revealed their
recruiting methods
971
00:39:20,641 --> 00:39:22,575
and uncovered terrorist plots.
972
00:39:22,661 --> 00:39:25,528
Some consider what
we do here immoral,
973
00:39:25,580 --> 00:39:27,146
maybe even illegal.
974
00:39:27,215 --> 00:39:29,482
But we save American lives.
975
00:39:29,551 --> 00:39:31,429
At the risk of losing
American souls.
976
00:39:31,453 --> 00:39:32,652
I believe
977
00:39:32,721 --> 00:39:35,421
that deep down inside, the
vast majority of our citizens
978
00:39:35,490 --> 00:39:38,441
are glad that we're here,
whether they admit it or not.
979
00:39:38,510 --> 00:39:40,176
And if you're wrong, sir?
980
00:39:40,228 --> 00:39:42,095
Then, should that time come,
981
00:39:42,163 --> 00:39:45,231
I'm prepared to
answer for my actions.
982
00:39:45,299 --> 00:39:47,533
To whatever
authority demands it.
983
00:39:49,537 --> 00:39:51,882
We have the right
to defend ourselves,
984
00:39:51,906 --> 00:39:55,241
whether the weapon
is a gun or a shoe.
985
00:39:55,327 --> 00:39:57,927
However, we must
know the difference
986
00:39:57,995 --> 00:40:00,046
between an imagined threat
987
00:40:00,115 --> 00:40:01,481
and a real one.
988
00:40:01,549 --> 00:40:03,916
In other words, you just
can't go out and hit someone
989
00:40:03,985 --> 00:40:05,763
because you think
they're going to hit you.
990
00:40:05,787 --> 00:40:09,188
Preemptive action is illegal,
991
00:40:09,257 --> 00:40:13,426
unless the attacker
clearly demonstrates
992
00:40:13,512 --> 00:40:15,712
his intention to inflict harm.
993
00:40:15,780 --> 00:40:18,865
In the heat of the moment,
tempers are flaring,
994
00:40:18,934 --> 00:40:19,934
words exchanged,
995
00:40:19,968 --> 00:40:22,001
I can see how a
reasonable person
996
00:40:22,070 --> 00:40:26,055
an upraised arm as a threat.
997
00:40:26,123 --> 00:40:29,108
I am convinced that
Commander Roberts
998
00:40:29,194 --> 00:40:31,877
thought his brother
was in danger
999
00:40:31,947 --> 00:40:34,113
and he acted in his defense.
1000
00:40:34,199 --> 00:40:38,952
I therefore find the
defendant not guilty of assault.
1001
00:40:39,020 --> 00:40:40,486
Court is adjourned.
1002
00:40:42,290 --> 00:40:45,040
You did it. You did it.
1003
00:40:45,109 --> 00:40:46,109
Commander Turner.
1004
00:40:49,047 --> 00:40:50,213
Yes, ma'am?
1005
00:40:53,301 --> 00:40:54,801
I lost a son in Iraq.
1006
00:40:54,870 --> 00:40:57,031
But I still have
a daughter there,
1007
00:40:57,055 --> 00:41:00,451
and she's serving in the Third
Armored Cavalry Regiment,
1008
00:41:00,475 --> 00:41:02,742
and I respect her
decision to serve.
1009
00:41:02,811 --> 00:41:08,264
So next time, you think twice
about accusing a judge of bias.
1010
00:41:08,316 --> 00:41:10,516
Yes, ma'am.
1011
00:41:12,487 --> 00:41:14,470
Congratulations, son.
1012
00:41:14,523 --> 00:41:17,390
Oh, thank God.
1013
00:41:17,458 --> 00:41:18,557
Thank God.
1014
00:41:18,626 --> 00:41:21,477
Bud, I'm sorry
about up there, I...
1015
00:41:21,545 --> 00:41:23,591
Hey, you did great.
I'm proud of you, Mike.
1016
00:41:23,615 --> 00:41:25,059
I'm proud of you, too, honey.
1017
00:41:25,083 --> 00:41:26,849
Oh, it would have
been so much better
1018
00:41:26,918 --> 00:41:28,146
without that pregnant
stripper thing.
1019
00:41:28,170 --> 00:41:29,580
Honey, you're the
only pregnant stripper
1020
00:41:29,604 --> 00:41:30,954
that I care about.
1021
00:41:31,006 --> 00:41:32,921
I better be, sailor.
1022
00:41:39,581 --> 00:41:41,347
I'd congratulate you, Commander,
1023
00:41:41,416 --> 00:41:43,861
but you should never have
been in the situation to begin with.
1024
00:41:43,885 --> 00:41:45,084
I agree, sir.
1025
00:41:45,153 --> 00:41:47,164
Still, I can't help
feeling a bit relieved.
1026
00:41:47,188 --> 00:41:48,399
Before you feel too relieved,
1027
00:41:48,423 --> 00:41:50,256
I just got a call
from Judge Mayfield.
1028
00:41:50,324 --> 00:41:53,359
She strongly recommends you
attend anger management classes.
1029
00:41:53,428 --> 00:41:54,627
I concur.
1030
00:41:54,696 --> 00:41:56,541
But I don't have a
problem with anger.
1031
00:41:56,565 --> 00:41:58,765
Bethesda has a
program. Enroll yourself.
1032
00:41:58,833 --> 00:42:01,851
Aye, aye, sir.
1033
00:42:01,903 --> 00:42:05,188
On the charge and
specification of assault,
1034
00:42:05,240 --> 00:42:06,439
not guilty.
1035
00:42:06,507 --> 00:42:10,443
On the charge of
dereliction of duty, not guilty.
1036
00:42:10,511 --> 00:42:12,362
On the charge of maltreatment,
1037
00:42:12,430 --> 00:42:14,062
guilty.
1038
00:42:14,131 --> 00:42:16,032
Extenuation and mitigation
1039
00:42:16,084 --> 00:42:18,718
tomorrow, 0900.
1040
00:42:18,787 --> 00:42:20,836
This court's in recess.
1041
00:42:28,563 --> 00:42:29,862
Congratulations, Colonel.
1042
00:42:29,931 --> 00:42:31,130
For what?
1043
00:42:31,198 --> 00:42:32,131
Winning.
1044
00:42:32,200 --> 00:42:33,016
I didn't win.
1045
00:42:33,068 --> 00:42:34,500
Your guys lost.
1046
00:42:34,569 --> 00:42:36,631
I'll recommend
punitive discharge,
1047
00:42:36,655 --> 00:42:37,665
no confinement.
1048
00:42:37,689 --> 00:42:39,088
I'll let my clients know.
1049
00:42:39,157 --> 00:42:40,673
I'm sure they'll be thrilled.
1050
00:42:40,742 --> 00:42:42,820
Commander, if you
don't need me anymore...
1051
00:42:42,844 --> 00:42:45,761
It's been a pleasure
and an education, sir.
1052
00:42:45,830 --> 00:42:48,080
It certainly has.
1053
00:42:48,149 --> 00:42:49,198
Captain, good luck.
1054
00:42:49,266 --> 00:42:50,950
Colonel.
1055
00:42:51,036 --> 00:42:53,903
A little reining in and she'll
make a fine lawyer one day.
1056
00:42:53,971 --> 00:42:56,438
That's what they said
about you ten years ago.
1057
00:42:56,508 --> 00:42:59,642
So do you think the vast
majority of Americans
1058
00:42:59,711 --> 00:43:01,589
support what we're doing here?
1059
00:43:01,613 --> 00:43:05,014
I don't know if the vast
majority do, but enough.
1060
00:43:05,082 --> 00:43:07,082
Sir.
1061
00:43:07,151 --> 00:43:09,118
You did a fine job.
1062
00:43:09,187 --> 00:43:10,436
Both of you.
1063
00:43:10,522 --> 00:43:12,121
Thank you, General.
1064
00:43:12,189 --> 00:43:14,201
Do you feel you
justified your actions
1065
00:43:14,225 --> 00:43:15,953
to the American public, sir?
1066
00:43:15,977 --> 00:43:18,627
Well, what do
you think, Colonel?
1067
00:43:18,696 --> 00:43:20,963
I think you sacrificed your men
1068
00:43:21,032 --> 00:43:23,298
in a desperate pursuit
of public absolution.
1069
00:43:23,367 --> 00:43:26,635
I think the wrong people
were on trial, General.
1070
00:43:26,705 --> 00:43:29,806
Based on what? Your
vast leadership experience?
1071
00:43:29,874 --> 00:43:32,257
Your record of tough
command decisions?
1072
00:43:32,327 --> 00:43:35,662
No, sir, based on my opinion
of what's fitting and just.
1073
00:43:35,747 --> 00:43:37,324
You come serve
under me, Colonel.
1074
00:43:37,348 --> 00:43:39,426
Then your opinion will
be worth something.
1075
00:43:39,450 --> 00:43:42,417
Meanwhile, you
want to put me on trial,
1076
00:43:42,486 --> 00:43:45,121
you know where to find me.
77478
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