All language subtitles for A Few Good Men [1992]

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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:02:55,817 --> 00:02:58,342 Forward march! 2 00:04:30,014 --> 00:04:32,539 I am requesting-- 3 00:04:32,539 --> 00:04:36,748 Captain, I'd like to request that it be me who's the attorney-- 4 00:04:36,748 --> 00:04:39,585 That it be myself who�s assigned. 5 00:04:39,585 --> 00:04:42,492 No, I'd like to request that it be I who am assigned-- 6 00:04:44,063 --> 00:04:46,224 'That it be I who am assigned'? 7 00:04:46,224 --> 00:04:49,633 That's good. That's confidence-inspiring. 8 00:04:49,633 --> 00:04:51,636 Good grammar there. 9 00:04:51,636 --> 00:04:53,898 Captain, I'd like to request... 10 00:04:53,898 --> 00:04:57,466 that I be the attorney assigned. 11 00:04:59,747 --> 00:05:02,147 I am Lieutenant Commander Galloway here to see Captain West. 12 00:05:02,147 --> 00:05:04,150 Go right in, Commander. They're expecting you. 13 00:05:04,150 --> 00:05:05,652 Thank you. 14 00:05:09,223 --> 00:05:11,157 -Jo, come on in. - Thank you, sir. 15 00:05:12,293 --> 00:05:15,195 Captain West, this is Lieutenant Commander Galloway. 16 00:05:15,195 --> 00:05:17,628 -Jo, you know Commander Lawrence. - Yes, sir. 17 00:05:17,628 --> 00:05:19,861 Captain, I appreciate you seeing me on such short notice. 18 00:05:19,861 --> 00:05:22,496 - Would you like to sit down? - I am fine, sir. 19 00:05:22,496 --> 00:05:25,040 - Have a seat. - Okay. 20 00:05:25,040 --> 00:05:27,302 I understand we had some trouble over the weekend down in Cuba? 21 00:05:27,302 --> 00:05:30,676 Yes, sir. This past Friday, two Marines-- 22 00:05:30,676 --> 00:05:34,705 a Lance Corporal Harold Dawson and a Private Louden Downey-- 23 00:05:34,705 --> 00:05:38,983 entered the barracks room of a P.F.C. William Santiago and assaulted him. 24 00:05:38,983 --> 00:05:42,548 Santiago died at the base hospital approximately an hour later. 25 00:05:42,548 --> 00:05:46,154 The N.I.S. Agent who took Dawson and Downey's statements... 26 00:05:46,154 --> 00:05:48,528 maintains they were trying to prevent Santiago... 27 00:05:48,528 --> 00:05:51,432 from naming Dawson in a fence line shooting incident. 28 00:05:51,432 --> 00:05:55,268 They're scheduled to have a hearing down in Cuba this afternoon at 1600. 29 00:05:55,268 --> 00:05:57,273 - What's the problem? - Dawson and Downey... 30 00:05:57,273 --> 00:06:01,678 are both recruiting poster Marines, and Santiago was known to be a screw-up. 31 00:06:01,678 --> 00:06:04,511 I was thinking it sounded an awful lot like a Code Red. 32 00:06:05,317 --> 00:06:06,875 Christ. 33 00:06:06,875 --> 00:06:10,616 Sir, I'd like to have them moved up to Washington and assigned counsel-- 34 00:06:10,616 --> 00:06:12,987 someone who can really look into this-- 35 00:06:12,987 --> 00:06:15,425 someone who possesses not only the legal skill... 36 00:06:15,425 --> 00:06:18,431 but a familiarity with the inner workings of the military. 37 00:06:18,431 --> 00:06:20,990 In short, Captain, I'd like to suggest that... 38 00:06:20,990 --> 00:06:23,037 I be the one who that-- 39 00:06:23,037 --> 00:06:26,767 that it be me who is assigned to represent them... 40 00:06:26,767 --> 00:06:28,274 myself. 41 00:06:30,344 --> 00:06:32,869 Commander Galloway, why don�t you get yourself a cup of coffee? 42 00:06:32,869 --> 00:06:34,938 Thank you, sir. I am fine. 43 00:06:34,938 --> 00:06:38,214 I'd like you to leave the room so we can talk about you behind your back. 44 00:06:38,214 --> 00:06:40,220 Certainly, sir. 45 00:06:46,996 --> 00:06:50,055 I thought this Code Red shit wasn't going on anymore. 46 00:06:50,055 --> 00:06:53,226 With the Marines at Gitmo, who knows what the hell goes on down there? 47 00:06:53,226 --> 00:06:55,270 We better find out before the rest of the world does. 48 00:06:55,270 --> 00:06:57,364 Damn thing could get messy. 49 00:06:57,364 --> 00:06:59,966 All right, what about this Commander Galloway? 50 00:06:59,966 --> 00:07:03,173 She's been working a desk in Internal Affairs... 51 00:07:03,173 --> 00:07:05,182 for a little over a year now. 52 00:07:05,182 --> 00:07:08,241 - Before that? - Disposed of three cases in two years. 53 00:07:08,241 --> 00:07:11,151 Three cases in two years? Who's she handling, the Rosenberg�s? 54 00:07:11,151 --> 00:07:13,747 - She's not cut out for litigation. - She's a hell of a investigator. 55 00:07:13,747 --> 00:07:17,318 In Internal Affairs she can crawl up a lawyer's ass with the best of them. 56 00:07:17,318 --> 00:07:21,230 - But when it comes to trial work-- - I know. All passion, no street smarts. 57 00:07:21,230 --> 00:07:23,233 Bring her back in. 58 00:07:33,713 --> 00:07:36,683 Commander, we're gonna have the defendants moved up here in the morning. 59 00:07:36,683 --> 00:07:39,913 - Thank you, sir. - Division will assign them counsel. 60 00:07:40,855 --> 00:07:45,348 -But not me. -From what I get from your colleagues... 61 00:07:45,348 --> 00:07:47,758 you're much too valuable in your present assignment to be wasted... 62 00:07:47,758 --> 00:07:49,922 in what I am sure will boil down to a five-minute plea bargain... 63 00:07:49,922 --> 00:07:51,931 and a week's worth of paperwork. 64 00:07:51,931 --> 00:07:54,127 Sir, I think there might be more involved than that. 65 00:07:54,127 --> 00:07:55,635 Don't worry about it. 66 00:07:55,635 --> 00:07:58,605 I promise you Division will assign the right man for the job. 67 00:07:59,041 --> 00:08:01,008 All right. Let's go. Let's get two. 68 00:08:02,578 --> 00:08:04,774 - Sorry. - Nothing to be sorry about, Sherby. 69 00:08:04,774 --> 00:08:07,043 You just look the ball into your glove. 70 00:08:07,043 --> 00:08:08,549 Shooting two. 71 00:08:10,352 --> 00:08:12,321 - Sorry. - You gotta trust me, Sherby. 72 00:08:12,321 --> 00:08:16,119 Keep your eyes open, your chances of catching it increase by a factor often. 73 00:08:16,119 --> 00:08:18,058 - Kaffee. - Let's try it again. 74 00:08:19,230 --> 00:08:21,221 Dave, you seem distraught. 75 00:08:21,221 --> 00:08:24,062 We were supposed to meet 15 minutes ago about the McDermott case. 76 00:08:24,062 --> 00:08:26,830 You're stalling on this thing. Now we either do it now... 77 00:08:26,830 --> 00:08:30,499 or, no kidding, Kaffee, I am gonna hang your boy from a fucking yardarm! 78 00:08:30,499 --> 00:08:34,534 Yardarm? Sherby, does the Navy still hang people from yardarms? 79 00:08:34,534 --> 00:08:36,081 I don't think so. 80 00:08:36,081 --> 00:08:39,481 Dave, Sherby doesn't think the Navy hangs people from yardarms anymore. 81 00:08:39,481 --> 00:08:42,919 I am gonna charge him with possession and being under the influence on duty. 82 00:08:42,919 --> 00:08:47,153 You plead guilty, I will recommend 30 days in the brig with loss frank and pay. 83 00:08:47,153 --> 00:08:50,194 It was oregano, Dave. It was $10 worth of oregano. 84 00:08:50,194 --> 00:08:52,197 Yeah, well, your client thought it was marijuana. 85 00:08:52,197 --> 00:08:54,996 My client's a moron. That's not against the law. 86 00:08:54,996 --> 00:08:58,436 Kaffee, I got people to answer to just like you do. I am gonna charge him. 87 00:08:58,436 --> 00:09:00,735 With what, possession of a condiment? 88 00:09:00,735 --> 00:09:03,368 - Kaffee. - I tried to help you out of this... 89 00:09:03,368 --> 00:09:06,174 but if you ask for jail time, I am gonna file a motion to dismiss. 90 00:09:06,174 --> 00:09:08,112 - You won't get it. - I will get it. 91 00:09:08,112 --> 00:09:10,116 And if the M.T.D. is denied, I will file a motion... 92 00:09:10,116 --> 00:09:13,018 seeking to obtain an evidentiary ruling in advance. 93 00:09:13,018 --> 00:09:15,454 And after that, I am gonna file against pretrial confinement. 94 00:09:15,454 --> 00:09:18,049 And you're gonna spend the next three months going blind on paperwork... 95 00:09:18,049 --> 00:09:21,756 because a signalman second-class bought and smoked a dime bag of oregano. 96 00:09:21,756 --> 00:09:24,356 Let's go! Let's get two! 97 00:09:25,434 --> 00:09:27,867 B misdemeanor, 20 days in the brig. 98 00:09:27,867 --> 00:09:30,202 C misdemeanor, 15 days restricted duty. 99 00:09:31,675 --> 00:09:33,700 I don't know why I am agreeing to this. 100 00:09:33,700 --> 00:09:36,041 because you have wisdom beyond your years. 101 00:09:39,950 --> 00:09:41,611 Morning. 102 00:09:41,611 --> 00:09:43,381 Morning, Captain. 103 00:09:43,381 --> 00:09:44,978 How's the baby, Sam? 104 00:09:44,978 --> 00:09:48,253 I think she's getting ready to say her first word any day now. 105 00:09:48,253 --> 00:09:49,917 How can you tell? 106 00:09:49,917 --> 00:09:53,624 She just looks like she has something to say. 107 00:09:53,624 --> 00:09:56,292 Excuse me. I am sorry I am late. 108 00:09:56,292 --> 00:09:58,359 It's all right, Danny. I know you don't have a good excuse... 109 00:09:58,359 --> 00:10:00,497 so I won't force you to come up with a bad one. 110 00:10:00,497 --> 00:10:03,507 - Thank you, sir. - This first one's for you. 111 00:10:04,576 --> 00:10:06,942 Seems you're moving up in the world. 112 00:10:06,942 --> 00:10:08,947 Been requested by Division. 113 00:10:09,849 --> 00:10:11,783 Requested to do what? 114 00:10:11,783 --> 00:10:14,218 Guantanamo Bay, Cuba. 115 00:10:14,218 --> 00:10:18,349 A Marine corporal named Dawson illegally fires a round from his weapon... 116 00:10:18,349 --> 00:10:21,291 over the fence line and into Cuban territory. 117 00:10:21,291 --> 00:10:23,261 - What's a fence line? - Sam. 118 00:10:23,261 --> 00:10:27,528 A big wall separating the good guys from the bad guys. 119 00:10:27,528 --> 00:10:30,867 - Teacher's pet. - P.F.C. William Santiago... 120 00:10:30,867 --> 00:10:34,272 threatens to rat on Dawson to Naval Investigative Service. 121 00:10:34,272 --> 00:10:36,367 Dawson and another member of his squad... 122 00:10:36,367 --> 00:10:40,403 P.F.C. Louden Downey, go into Santiago's room... 123 00:10:40,403 --> 00:10:43,884 tie him up, stuff a rag down his throat... 124 00:10:43,884 --> 00:10:46,045 and an hour later, Santiago's dead. 125 00:10:46,045 --> 00:10:49,820 Attending physician says the rag was treated with some kind of toxin. 126 00:10:49,820 --> 00:10:51,120 They poisoned it? 127 00:10:51,120 --> 00:10:54,128 - Not according to them. - What did they say? 128 00:10:54,128 --> 00:10:56,825 Not much. They're being flown up here tomorrow... 129 00:10:56,825 --> 00:11:00,358 and on Wednesday at 0600, you will catch a transport down to Cuba for the day... 130 00:11:00,358 --> 00:11:02,371 to find out what you can. 131 00:11:02,371 --> 00:11:06,136 Meantime, go and see Lieutenant Commander Joanne Galloway... 132 00:11:07,678 --> 00:11:09,340 with Internal Affairs. 133 00:11:09,340 --> 00:11:10,939 Any questions? 134 00:11:10,939 --> 00:11:15,042 Uh, the flight to Cuba-- Was that 0600 in the morning, sir? 135 00:11:16,187 --> 00:11:18,588 Seems important to Division that this one be handled by the book. 136 00:11:18,588 --> 00:11:22,684 So I am assigning co-counsel. Any volunteers? 137 00:11:25,364 --> 00:11:27,355 I got a stack of papers on my desk about a mile high. 138 00:11:27,355 --> 00:11:29,368 - Work with Kaffee on this. - Doing what? 139 00:11:29,368 --> 00:11:31,666 Kaffee will have this done in about four days. 140 00:11:31,666 --> 00:11:35,004 Doing various administrative things. 141 00:11:35,004 --> 00:11:37,009 Backup, whatever. 142 00:11:37,009 --> 00:11:39,638 In other words, I have no responsibilities here whatsoever. 143 00:11:39,638 --> 00:11:41,203 Right. 144 00:11:41,203 --> 00:11:43,375 My kind of case. 145 00:11:44,452 --> 00:11:45,172 Right. 146 00:11:46,519 --> 00:11:49,011 Okay, but I have got to have that report by Wednesday. 147 00:11:55,397 --> 00:11:58,127 - Hi. - Hold on. Hi. 148 00:11:58,127 --> 00:12:00,532 Daniel Kaffee. I was told to me with, uh-- 149 00:12:08,444 --> 00:12:10,913 Lieutenant Commander Galloway. 150 00:12:13,150 --> 00:12:14,412 About a briefing? 151 00:12:14,412 --> 00:12:16,418 I will call you back. 152 00:12:19,155 --> 00:12:21,090 You're the attorney Division assigned? 153 00:12:21,992 --> 00:12:23,926 I am lead counsel. This is Sam Weinberg. 154 00:12:23,926 --> 00:12:26,156 I have no responsibilities here whatsoever. 155 00:12:26,156 --> 00:12:28,393 Come in, please. Have a seat. 156 00:12:38,844 --> 00:12:41,004 Lieutenant, how long have you been in the Navy? 157 00:12:42,680 --> 00:12:44,615 Going on nine months now. 158 00:12:44,615 --> 00:12:47,278 And how long have you been out of law school? 159 00:12:48,488 --> 00:12:49,955 A little over a year. 160 00:12:49,955 --> 00:12:50,675 I see. 161 00:12:52,859 --> 00:12:54,451 Have I done something wrong? 162 00:12:54,451 --> 00:12:57,190 It�s just that when I petition Division to have counsel assigned... 163 00:12:57,190 --> 00:12:59,256 I was hoping I'd be taken seriously. 164 00:12:59,256 --> 00:13:02,028 No offense taken, in case you were wondering. 165 00:13:02,028 --> 00:13:03,967 Commander, Lieutenant Kaffee is generally... 166 00:13:03,967 --> 00:13:06,403 considered the best litigator in our office. 167 00:13:06,403 --> 00:13:09,706 He's successfully plea-bargained 44 cases in nine months. 168 00:13:09,706 --> 00:13:11,768 One more, I get a set of steak knives. 169 00:13:11,768 --> 00:13:13,643 Have you ever been in a courtroom? 170 00:13:13,643 --> 00:13:16,239 I once had my driver's license suspended. 171 00:13:16,239 --> 00:13:18,285 Commander, from what I understand, if this thing goes to court... 172 00:13:18,285 --> 00:13:20,513 they won�t need a lawyer, they will need a priest. 173 00:13:21,156 --> 00:13:23,090 No, they will need a lawyer. 174 00:13:24,159 --> 00:13:26,219 Dawson's family's been contacted. 175 00:13:26,219 --> 00:13:29,823 Downey's closest living relative is Ginny Miller, his aunt. 176 00:13:29,823 --> 00:13:32,801 She hasn't been contacted yet. Would you like me to take care of that? 177 00:13:32,801 --> 00:13:34,359 If you feel like it. 178 00:13:36,139 --> 00:13:38,074 One of the people you will be seeing down there... 179 00:13:38,074 --> 00:13:40,201 is the barracks C.O., Colonel Nathan Jessup. 180 00:13:40,201 --> 00:13:42,403 I assume you�ve heard of him. 181 00:13:42,403 --> 00:13:43,913 Who hasn't? 182 00:13:44,982 --> 00:13:47,577 He's been in the papers lately. He's expected to be appointed... 183 00:13:47,577 --> 00:13:50,485 director of operations of National Security Council. 184 00:13:50,485 --> 00:13:51,851 - Really? - These are the letters... 185 00:13:51,851 --> 00:13:54,221 that Santiago wrote in his eight months at Gitmo. 186 00:13:54,221 --> 00:13:56,760 - That's Guantanamo Bay. - I knew that one. 187 00:13:56,760 --> 00:14:00,354 He wrote to the fleet commander to the commandant of the Marine Corps. 188 00:14:00,354 --> 00:14:03,369 Even his senator. He wanted to be transferred off the base. 189 00:14:03,369 --> 00:14:05,370 No one was listening. Are you with me? 190 00:14:05,370 --> 00:14:07,338 Yeah. 191 00:14:08,574 --> 00:14:10,566 Finally, he wrote to the Naval Investigative Service... 192 00:14:10,566 --> 00:14:13,670 where he offered information about Corporal Dawson's fence line shooting... 193 00:14:13,670 --> 00:14:16,374 in exchange for a transfer. 194 00:14:16,374 --> 00:14:19,078 Right. Is that all? 195 00:14:19,078 --> 00:14:21,086 Lieutenant, this letter makes it look like... 196 00:14:21,086 --> 00:14:23,589 your client had a motive to kill Santiago. 197 00:14:23,589 --> 00:14:26,924 Got you. And Santiago is who? 198 00:14:26,924 --> 00:14:28,587 The victim. 199 00:14:28,587 --> 00:14:31,290 Write that down. Am I correct to assume these letters... 200 00:14:31,290 --> 00:14:34,267 don't paint a flattering picture of Marine Corps life at Guantanamo Bay? 201 00:14:34,267 --> 00:14:35,802 - Yes, among-- - Am I further right in assuming... 202 00:14:35,802 --> 00:14:39,704 investigation of this incident might embarrass the Security Council guy? 203 00:14:39,704 --> 00:14:41,765 - Colonel Jessup. - Twelve years. 204 00:14:42,846 --> 00:14:43,778 Sorry? 205 00:14:43,778 --> 00:14:46,042 I will get them to drop the conspiracy and conduct unbecoming. 206 00:14:46,042 --> 00:14:47,879 Twelve years. 207 00:14:47,879 --> 00:14:51,579 You haven't talked to a witness or looked at a piece of paper. 208 00:14:51,579 --> 00:14:53,714 Pretty impressive, huh? 209 00:14:53,714 --> 00:14:55,484 You're gonna have to go deeper than that. 210 00:14:55,484 --> 00:14:58,323 Do you have some sort of jurisdiction here that I should know about? 211 00:14:58,323 --> 00:15:01,193 My job is to make sure that you do your job. 212 00:15:01,193 --> 00:15:03,233 I am special counsel for Internal Affairs... 213 00:15:03,233 --> 00:15:06,669 so my jurisdiction�s pretty much in your face. 214 00:15:08,839 --> 00:15:11,900 Read the letters. I will expect your report when you return from Cuba. 215 00:15:11,900 --> 00:15:14,639 - Sure. - You're dismissed. 216 00:15:16,914 --> 00:15:19,247 I always forget that part. 217 00:15:21,020 --> 00:15:23,783 He's a little preoccupied. 218 00:15:23,783 --> 00:15:27,019 Team's playing Bethesda Medical next week. 219 00:15:27,019 --> 00:15:29,027 Tell your friend not to get cute down there. 220 00:15:29,027 --> 00:15:31,427 The Marines in Guantanamo are fanatical. 221 00:15:31,427 --> 00:15:32,794 About what? 222 00:15:33,533 --> 00:15:35,195 About being Marines. 223 00:15:35,195 --> 00:15:36,293 Dear sir... 224 00:15:36,293 --> 00:15:39,133 my name is P.F. C. William T. Santiago. 225 00:15:39,133 --> 00:15:41,538 I am a Marine stationed at Marine barracks... 226 00:15:41,538 --> 00:15:44,807 Rifle Security Company Windward, Second Platoon Bravo. 227 00:15:44,807 --> 00:15:48,678 I am writing to inform you of my problems with my unit here in Cuba... 228 00:15:48,678 --> 00:15:50,377 and to ask for your help. 229 00:15:50,377 --> 00:15:53,784 I have fallen out on runs before for several reasons... 230 00:15:53,784 --> 00:15:55,823 such as feeling dizzy or nauseated. 231 00:15:55,823 --> 00:15:59,622 But on May 18, I'd fallen back about 20 or 30 yards... 232 00:15:59,622 --> 00:16:02,220 going down a rocky unstable hill. 233 00:16:02,220 --> 00:16:05,267 My sergeant grabbed me and pushed me down the hill. 234 00:16:05,267 --> 00:16:09,236 Then Isawall black, and the last thing I remembered was hitting the deck. 235 00:16:09,236 --> 00:16:12,672 I was brought to the hospital where I was told I just had heat exhaustion. 236 00:16:12,672 --> 00:16:14,369 I ask you to help me. 237 00:16:14,369 --> 00:16:17,901 Please, sir. I just need to be transferred out of R.S.C. 238 00:16:17,901 --> 00:16:20,815 Sincerely, P.F.C. William T. Santiago... 239 00:16:20,815 --> 00:16:22,477 U.S. Marine Corps. 240 00:16:22,477 --> 00:16:25,488 P.S. In exchange for my transfer off the base... 241 00:16:25,488 --> 00:16:27,546 I am willing to provide you with information about-- 242 00:16:27,546 --> 00:16:31,891 'The illegal fence line shooting that occurred the night of August 2.' 243 00:16:32,830 --> 00:16:37,200 Who the fuck is P.F.C. William T. Santiago? 244 00:16:37,200 --> 00:16:40,363 Private Santiago is a member of Second Platoon Bravo, sir. 245 00:16:40,363 --> 00:16:44,638 Yeah. Well, apparently he's not very happy down here in Shangri-la... 246 00:16:44,638 --> 00:16:47,578 because he's written letters to everybody but Santa Claus... 247 00:16:47,578 --> 00:16:49,774 asking for a transfer. 248 00:16:49,774 --> 00:16:52,784 And now he's telling tales about a fence line shooting. 249 00:16:53,853 --> 00:16:55,445 Matthew? 250 00:16:55,445 --> 00:16:58,083 I am appalled, sir. 251 00:16:58,892 --> 00:17:01,327 You're appalled. 252 00:17:02,397 --> 00:17:05,923 This kid broke the chain of command and ratted on a member of his unit... 253 00:17:05,923 --> 00:17:08,799 to say nothing of the fact that he is a U.S. Marine... 254 00:17:08,799 --> 00:17:11,600 and it would appear he can't run from here to there... 255 00:17:11,600 --> 00:17:14,436 without collapsing from heat exhaustion. 256 00:17:14,436 --> 00:17:17,775 What the fuck is going on in Bravo Company, Matthew? 257 00:17:17,775 --> 00:17:20,872 Colonel, I think it would be better to hold this discussion in private. 258 00:17:20,872 --> 00:17:25,080 That won't be necessary, Colonel. I can handle the situation, sir. 259 00:17:25,080 --> 00:17:28,885 The same way you handled Curtis Bell? Don't interrupt me, Lieutenant! 260 00:17:28,885 --> 00:17:32,485 - I am still your superior officer. - And I am yours, Matthew. 261 00:17:34,664 --> 00:17:37,725 I want to know what we're going to do about this. 262 00:17:37,725 --> 00:17:40,736 I think Santiago should be transferred off the base immediately. 263 00:17:40,736 --> 00:17:42,432 He's that bad, huh? 264 00:17:42,432 --> 00:17:44,633 Not only that. But word of this letter is bound to get out. 265 00:17:44,633 --> 00:17:46,643 He's gonna get his ass whipped. 266 00:17:46,643 --> 00:17:50,738 Hmm. Transfer Santiago. 267 00:17:50,738 --> 00:17:54,342 Yes. I am sure you�re right. 268 00:17:54,342 --> 00:17:56,911 I am sure that's the thing to do. 269 00:17:58,624 --> 00:18:02,527 Wait. I have got a better idea. 270 00:18:02,527 --> 00:18:05,531 Let's transfer the whole squad off the base. 271 00:18:05,531 --> 00:18:08,692 Let's-- On second thought, Windward-- 272 00:18:08,692 --> 00:18:13,001 Let's transfer the whole Windward Division off the base. 273 00:18:13,001 --> 00:18:16,702 John, go on out there and get those boys down off the fence. 274 00:18:16,702 --> 00:18:19,268 They're packing their bags. Tom. 275 00:18:20,548 --> 00:18:22,947 - Sir. - Get me the president on the phone. 276 00:18:22,947 --> 00:18:26,112 We're surrendering our position in Cuba. 277 00:18:26,112 --> 00:18:28,620 - Yes, sir. - Wait a minute, Tom. 278 00:18:28,620 --> 00:18:30,622 Don't get the president just yet. 279 00:18:30,622 --> 00:18:34,320 Maybe we should consider this for a second. 280 00:18:34,320 --> 00:18:36,660 - Dismissed, Tom. - Yes, sir. 281 00:18:37,766 --> 00:18:41,634 Maybe-- and I am just spit-balling here-- 282 00:18:41,634 --> 00:18:46,731 Maybe we have a responsibility as officers to train Santiago. 283 00:18:46,731 --> 00:18:50,974 Maybe we as officers have a responsibility to this country... 284 00:18:50,974 --> 00:18:54,345 to see that the men and women charged with its security... 285 00:18:54,345 --> 00:18:56,478 are trained professionals. 286 00:18:56,478 --> 00:19:00,490 Yes, I am certain that I read that somewhere once. 287 00:19:00,490 --> 00:19:03,152 And now I am thinking, Colonel Markinson... 288 00:19:03,152 --> 00:19:07,561 that your suggestion of transferring Santiago... 289 00:19:07,561 --> 00:19:10,862 while expeditious and certainly painless... 290 00:19:10,862 --> 00:19:13,427 might not be, in a manner of speaking... 291 00:19:13,427 --> 00:19:16,407 the American way. 292 00:19:16,407 --> 00:19:19,273 Santiago stays where he is. 293 00:19:20,980 --> 00:19:23,312 We're gonna train the lad. 294 00:19:23,312 --> 00:19:26,317 John, you're in charge. 295 00:19:26,317 --> 00:19:29,548 Santiago doesn't make 4-6-4-6... 296 00:19:29,548 --> 00:19:33,286 on his next proficiency and conduct report... 297 00:19:33,286 --> 00:19:35,693 I am going to blame you. 298 00:19:35,693 --> 00:19:38,390 - Then I am going to kill you. - Yes, sir. 299 00:19:38,390 --> 00:19:41,060 I think that's a mistake, Colonel. 300 00:19:42,469 --> 00:19:46,599 Matthew, I think I will have that word in private with you now. 301 00:19:46,599 --> 00:19:50,632 John, that's all. Why don't we meet at the 'O' club and have lunch... 302 00:19:50,632 --> 00:19:53,307 and we will talk about the training of young William? 303 00:19:53,307 --> 00:19:56,112 I'd be delighted to hear any suggestions that you might have, sir. 304 00:19:56,112 --> 00:19:58,153 - Dismissed. - Yes, sir. 305 00:20:01,924 --> 00:20:05,121 Matthew, sit down. Please. 306 00:20:10,299 --> 00:20:12,895 What do you think of Kendrick? 307 00:20:12,895 --> 00:20:14,801 My opinion of him has nothing to do-- 308 00:20:14,801 --> 00:20:18,034 I think he's pretty much of a weasel myself... 309 00:20:18,034 --> 00:20:20,100 but he's an awfully good officer. 310 00:20:20,100 --> 00:20:24,614 And in the end, we see eye-to-eye on the best way to run a Marine Corps unit. 311 00:20:24,614 --> 00:20:28,209 We're in the business of saving lives, Matthew. 312 00:20:28,209 --> 00:20:31,984 That is a responsibility that we have to take pretty seriously. 313 00:20:31,984 --> 00:20:36,391 And I believe that taking a Marine who is not quite up to the job... 314 00:20:36,391 --> 00:20:38,930 and shipping him off to another assignment... 315 00:20:38,930 --> 00:20:40,988 puts lives in danger. 316 00:20:41,767 --> 00:20:44,031 Sit down, Matthew. 317 00:20:53,548 --> 00:20:55,606 We go back a while. 318 00:20:55,606 --> 00:20:59,174 We went to the Academy together. We were commissioned together. 319 00:20:59,174 --> 00:21:01,721 We did our tours in Vietnam together. 320 00:21:01,721 --> 00:21:04,155 But I have been promoted up through the chain... 321 00:21:04,155 --> 00:21:07,125 with greater speed and success than you have. 322 00:21:07,125 --> 00:21:10,163 Now, if that�s a source of tension... 323 00:21:10,163 --> 00:21:12,200 or embarrassment for you... 324 00:21:12,200 --> 00:21:14,031 I don't give a shit. 325 00:21:14,031 --> 00:21:19,302 We're in the business of saving lives, Lieutenant Colonel Markinson. 326 00:21:19,302 --> 00:21:23,470 Don't ever question my orders in front of another officer. 327 00:21:43,467 --> 00:21:44,934 All the paperwork's in order. 328 00:21:46,003 --> 00:21:47,937 - Step over there. - Yes, sir. 329 00:21:52,611 --> 00:21:55,375 Hal, is this Washington, D.C.? 330 00:21:55,375 --> 00:21:57,074 All right. Let's move. 331 00:21:57,074 --> 00:21:58,581 Yes, sir. 332 00:22:05,144 --> 00:22:08,079 - Got all of that one. - Excuse me. 333 00:22:08,079 --> 00:22:11,744 I wanted to talk to you about Corporal Dawson and Private Downey. 334 00:22:11,744 --> 00:22:14,414 - Say again? - Dawson and Downey. 335 00:22:15,689 --> 00:22:17,714 Those names sound like they should mean something to me-- 336 00:22:17,714 --> 00:22:20,590 Dawson, Downey--your clients. 337 00:22:20,590 --> 00:22:23,961 The Cuba thing. Yes! Dawson and Downey. Right. 338 00:22:27,168 --> 00:22:29,228 I have done something wrong again, haven't I? 339 00:22:29,228 --> 00:22:31,295 I was just wondering why two guys have been locked up... 340 00:22:31,295 --> 00:22:34,139 since this morning while their lawyer's outside hitting a ball. 341 00:22:36,145 --> 00:22:37,840 We need the practice. 342 00:22:37,840 --> 00:22:39,505 That wasn't funny. 343 00:22:40,249 --> 00:22:41,615 It was a little funny. 344 00:22:41,615 --> 00:22:44,984 Would you be very insulted if I recommended to your supervisor... 345 00:22:44,984 --> 00:22:46,988 that he assign different counsel? 346 00:22:46,988 --> 00:22:50,494 - Why? - I don't think you�re fit to handle it. 347 00:22:50,494 --> 00:22:54,327 You don't even know me. Ordinarily, it takes someone hours... 348 00:22:54,327 --> 00:22:57,027 to discover I am not fit to handle a defense. 349 00:22:58,771 --> 00:23:02,137 Oh, come on. That was damn funny. 350 00:23:05,144 --> 00:23:06,303 You're wrong. 351 00:23:07,380 --> 00:23:09,370 I do know you. 352 00:23:09,370 --> 00:23:13,283 Daniel Alistair Kaffee, born June 8, 1964... 353 00:23:13,283 --> 00:23:15,286 at Boston Mercy Hospital. 354 00:23:15,286 --> 00:23:16,686 Your father's Lionel Kaffee... 355 00:23:16,686 --> 00:23:20,249 former Navy judge advocate and attorney general of the United States. 356 00:23:20,249 --> 00:23:21,885 Died 1985. 357 00:23:21,885 --> 00:23:24,690 You went to Harvard law. Then you joined the Navy... 358 00:23:24,690 --> 00:23:27,529 probably because that's what your father wanted you to do. 359 00:23:27,529 --> 00:23:30,934 And now you're just treading water for three years in the JAG Corps. 360 00:23:30,934 --> 00:23:34,497 Just laying low till you can get out and get a real job. 361 00:23:34,497 --> 00:23:38,136 If that�s the situation, that's fine. I won't tell anyone. 362 00:23:38,136 --> 00:23:40,510 But it's my feeling that if this case is handled in the same... 363 00:23:40,510 --> 00:23:43,448 fast-food, slick-ass, Persian bazaar manner... 364 00:23:43,448 --> 00:23:45,452 with which you seem to handle everything else... 365 00:23:45,452 --> 00:23:47,182 then something's gonna get missed. 366 00:23:47,182 --> 00:23:49,918 And I wouldn't be doing my job if allowed Dawson and Downey... 367 00:23:49,918 --> 00:23:52,552 to spend any more time in prison than absolutely necessary... 368 00:23:52,552 --> 00:23:55,721 because their attorney had predetermined the path of least resistance. 369 00:23:58,500 --> 00:23:59,934 Wow. 370 00:24:01,071 --> 00:24:03,538 I am sexually aroused, Commander. 371 00:24:04,240 --> 00:24:06,505 I don't think your clients murdered anyone. 372 00:24:06,505 --> 00:24:07,943 What are you basing this on? 373 00:24:07,943 --> 00:24:09,808 There was no intent. 374 00:24:09,808 --> 00:24:12,713 The doctor's report says Santiago died of asphyxiation... 375 00:24:12,713 --> 00:24:14,718 brought on by acute lactic acidosis... 376 00:24:14,718 --> 00:24:18,619 and that the nature of the acidosis strongly suggests poison. 377 00:24:18,619 --> 00:24:21,453 I don't know what any of that means, but it sounds pretty bad. 378 00:24:21,453 --> 00:24:23,461 Santiago died at 1:00 a.m. 379 00:24:23,461 --> 00:24:26,327 At 3:00, the doctor wasn�t able to determine the cause of death. 380 00:24:26,327 --> 00:24:28,627 Two hours later, he said it was poison. 381 00:24:28,627 --> 00:24:31,227 Oh, now I see what you�re saying. 382 00:24:31,227 --> 00:24:34,602 It had to be Professor Plum in the library with a candlestick. 383 00:24:34,602 --> 00:24:37,141 - I am gonna talk to your supervisor. - Okay. 384 00:24:37,141 --> 00:24:39,370 Go straight up Pennsylvania Avenue. 385 00:24:39,370 --> 00:24:41,937 It's the big white house with the pillars in front. 386 00:24:41,937 --> 00:24:45,212 - Thank you. - I don't think you�ll have much luck. 387 00:24:45,212 --> 00:24:46,719 I was assigned by Division. 388 00:24:46,719 --> 00:24:49,846 Somebody over there thinks I am a pretty good lawyer. 389 00:24:49,846 --> 00:24:53,416 So while I appreciate your interest and admire your enthusiasm... 390 00:24:53,416 --> 00:24:55,962 I think I can handle things myself. 391 00:24:55,962 --> 00:24:58,122 You know what a Code Red is? 392 00:25:02,003 --> 00:25:04,132 What a pity. 393 00:25:14,349 --> 00:25:16,818 - Morning, sir. - Morning. 394 00:25:17,754 --> 00:25:19,415 Officer on deck! 395 00:25:19,415 --> 00:25:21,649 Sir, Lance Corporal Harold W. Dawson, sir! 396 00:25:21,649 --> 00:25:23,919 Rifle Security Company Windward, Second Platoon Bravo. 397 00:25:23,919 --> 00:25:27,259 Someone hasn't been working and playing well with others, Harold. 398 00:25:27,259 --> 00:25:29,265 Sir, yes, sir! 399 00:25:31,035 --> 00:25:33,367 Sir, P.F.C. Louden Downey, sir! 400 00:25:34,873 --> 00:25:37,466 I am Daniel Kaffee. This is Sam Weinberg. 401 00:25:37,466 --> 00:25:38,700 Sit down. 402 00:25:46,017 --> 00:25:48,816 - This your signature? - Yes, sir. 403 00:25:48,816 --> 00:25:50,684 You don't have to call me 'sir.' Is this your signature? 404 00:25:50,684 --> 00:25:51,950 Sir, yes, sir. 405 00:25:51,950 --> 00:25:54,891 You certainly don't need to do it twice in one sentence. 406 00:25:54,891 --> 00:25:58,556 - What's a Code Red? - It is a disciplinary engagement. 407 00:25:58,556 --> 00:26:00,064 What's that mean? 408 00:26:00,064 --> 00:26:04,002 A Marine falls out of line, it's up to the men in his unit to get him on track. 409 00:26:04,002 --> 00:26:07,564 - What's a garden variety Code Red? - Sir? 410 00:26:07,564 --> 00:26:11,578 Harold, you say, 'sir,' and I turn around and look for my father. 411 00:26:11,578 --> 00:26:14,206 Danny, Daniel, Kaffee. 412 00:26:14,206 --> 00:26:17,341 Garden variety. Typical. What's basic Code Red? 413 00:26:17,341 --> 00:26:20,046 Sir, a Marine refuses to bathe on a regular basis... 414 00:26:20,046 --> 00:26:22,715 the men in his squad will give him a G.I. shower. 415 00:26:22,715 --> 00:26:24,053 What's that? 416 00:26:24,053 --> 00:26:26,651 Scrub brushes, Brillo pads, steel wool. 417 00:26:26,651 --> 00:26:28,060 Beautiful. 418 00:26:28,060 --> 00:26:30,655 Was the attack on Santiago a Code Red? 419 00:26:30,655 --> 00:26:32,428 Yes, sir. 420 00:26:37,673 --> 00:26:40,837 Does he ever talk? 421 00:26:40,837 --> 00:26:44,210 Sir, P.F.C. Downey will answer any direct questions you ask him. 422 00:26:44,210 --> 00:26:45,838 Swell. 423 00:26:47,450 --> 00:26:50,215 Private Downey, the rag you stuffed in Santiago's mouth-- 424 00:26:50,215 --> 00:26:52,221 - Was there poison on it? - No, sir. 425 00:26:52,221 --> 00:26:54,780 Silver polish, turpentine, antifreeze? 426 00:26:54,780 --> 00:26:57,225 No, sir. We were just gonna shave his head, sir. 427 00:26:57,225 --> 00:27:00,093 When all of the sudden-- 428 00:27:00,093 --> 00:27:02,599 We saw blood dripping down his mouth... 429 00:27:02,599 --> 00:27:06,867 and we pulled the tape off and there was blood all down his face, sir. 430 00:27:06,867 --> 00:27:10,203 That's when Lance Corporal Dawson called the ambulance. 431 00:27:10,203 --> 00:27:11,970 Did anyone see you call the ambulance? 432 00:27:13,980 --> 00:27:15,140 No, sir. 433 00:27:17,649 --> 00:27:19,379 Were you there when the ambulance got there? 434 00:27:19,379 --> 00:27:21,819 Yes, sir. That's when we were taken under arrest. 435 00:27:21,819 --> 00:27:26,690 The night of August 2, did you fire a shot across the fence line into Cuba? 436 00:27:28,628 --> 00:27:30,062 - Yes, sir. - Why? 437 00:27:30,062 --> 00:27:32,928 - My mirror engaged, sir. - His mirror? 438 00:27:32,928 --> 00:27:36,869 Every American sentry post has a Cuban counterpart, called "mirrors." 439 00:27:36,869 --> 00:27:40,396 Lance Corporal's claiming that his mirror was about to fire at him. 440 00:27:40,396 --> 00:27:42,944 Santiago's letter to the N.I.S.... 441 00:27:42,944 --> 00:27:45,480 said you fired illegally. 442 00:27:45,480 --> 00:27:49,483 He's saying that the guy, the mirror-- 443 00:27:49,483 --> 00:27:51,143 He never made a move. 444 00:27:57,593 --> 00:27:59,528 You see what I am getting at? 445 00:28:00,598 --> 00:28:03,828 If Santiago didn't have anything on you, then why did you give him a Code Red? 446 00:28:03,828 --> 00:28:06,095 because he broke the chain of command, sir. 447 00:28:06,095 --> 00:28:09,138 - He what? - He went outside of his unit, sir. 448 00:28:09,138 --> 00:28:11,607 If he had a problem, he should have spoken to me, sir. 449 00:28:11,607 --> 00:28:14,701 - Then his sergeant, then commander-- - Yeah. All right. 450 00:28:14,701 --> 00:28:17,442 Did you assault Santiago with the intent of killing him? 451 00:28:17,442 --> 00:28:19,177 - No, sir. - What was your intent? 452 00:28:19,177 --> 00:28:22,015 - To train him, sir. - Train him to do what? 453 00:28:22,015 --> 00:28:26,615 Train him to think of his unit before himself-- to respect the code. 454 00:28:26,615 --> 00:28:28,489 What's the code? 455 00:28:28,489 --> 00:28:30,528 Unit, Corps, God, Country. 456 00:28:30,528 --> 00:28:31,858 I beg your pardon? 457 00:28:31,858 --> 00:28:37,301 Unit, Corps, God, Country, sir. 458 00:28:53,187 --> 00:28:56,088 The government of the United States... 459 00:28:56,088 --> 00:28:58,956 wants to charge you two with murder... 460 00:28:58,956 --> 00:29:01,017 and you want me to go to the prosecutor... 461 00:29:01,017 --> 00:29:04,657 with ' Unit, Corps, God, Country'? 462 00:29:04,657 --> 00:29:06,724 That's our code, sir. 463 00:29:10,740 --> 00:29:12,571 It's your code. 464 00:29:12,571 --> 00:29:15,201 We will be back. 465 00:29:15,201 --> 00:29:19,147 You guys need anything-- books, papers, cigarettes, ham sandwich? 466 00:29:19,147 --> 00:29:21,514 Sir, no, thank you, sir. 467 00:29:21,514 --> 00:29:25,385 Harold, I think there's a concept you better start warming up to. 468 00:29:25,385 --> 00:29:26,717 Sir? 469 00:29:26,717 --> 00:29:29,384 I am the only friend you have got. 470 00:29:44,542 --> 00:29:45,804 Smiling Jack Ross. 471 00:29:45,804 --> 00:29:48,107 - Welcome to the big time. - You think so? 472 00:29:48,107 --> 00:29:52,048 Let's hope, for Dawson and Downey, you practice law better than play softball. 473 00:29:52,048 --> 00:29:55,645 Unfortunately for those two, I don't do anything better than play softball. 474 00:29:55,645 --> 00:29:57,247 - I am out of here, Janelle. - Bye. 475 00:29:57,247 --> 00:29:59,622 - See you when I get back from Cuba. - Say hi to Castro for me. 476 00:29:59,622 --> 00:30:01,991 Will do. What are we looking at? 477 00:30:01,991 --> 00:30:05,225 They plead guilty, we drop the conspiracy and conduct unbecoming. 478 00:30:05,225 --> 00:30:07,562 - Twenty years. They're home in half. - I want 12. 479 00:30:07,562 --> 00:30:09,602 - Can't do it. - They called the ambulance. 480 00:30:09,602 --> 00:30:13,003 I don't care if they called the Avon lady. They killed a Marine. 481 00:30:13,003 --> 00:30:15,474 The rag was tested for poison. The autopsy, lab reports. 482 00:30:15,474 --> 00:30:17,204 They say the same thing: maybe, maybe not. 483 00:30:17,204 --> 00:30:20,339 Chief of Internal Medicine at the Guantanamo Bay Naval Hospital... 484 00:30:20,339 --> 00:30:21,939 says he's sure. 485 00:30:21,939 --> 00:30:24,075 What do you know about Code Reds? 486 00:30:24,075 --> 00:30:25,584 Oh, man. 487 00:30:28,090 --> 00:30:30,581 - We off the record? - Tell me. 488 00:30:31,860 --> 00:30:33,795 I am gonna give you the 12 years. 489 00:30:33,795 --> 00:30:37,027 Before you go getting yourself into trouble tomorrow, you should know... 490 00:30:37,027 --> 00:30:39,227 the platoon commander, Lieutenant Jonathan Kendrick... 491 00:30:39,227 --> 00:30:42,237 held a meeting with the men and specifically... 492 00:30:42,237 --> 00:30:44,740 told them not to touch Santiago. 493 00:30:47,343 --> 00:30:50,177 - We still playing hoops tomorrow night? - Do we have a deal? 494 00:30:50,177 --> 00:30:52,944 I will talk to you when I get back. 495 00:30:56,420 --> 00:30:59,186 - Hi there. - Any luck getting me replaced? 496 00:30:59,186 --> 00:31:02,488 Is there anyone in this command you don't either drink or play ball with? 497 00:31:02,488 --> 00:31:04,494 - Commander-- - Listen. I came to make peace. 498 00:31:04,494 --> 00:31:08,590 Got off on the wrong foot. What do you say? Friends? 499 00:31:08,590 --> 00:31:11,727 I brought Downey some comic books he was asking for. 500 00:31:11,727 --> 00:31:14,239 The kid, Kaffee, I swear he doesn't know where he is. 501 00:31:14,239 --> 00:31:16,640 - Doesn't even know why he's arrested. - Commander. 502 00:31:16,640 --> 00:31:18,473 - You can call me Joanne. -Joanne. 503 00:31:18,473 --> 00:31:20,774 - Or Jo. - Yes. 504 00:31:20,774 --> 00:31:23,839 Jo, if you ever speak to a client of mine again without my permission... 505 00:31:23,839 --> 00:31:25,474 I will have you disbarred. 506 00:31:25,474 --> 00:31:28,783 - Friends? - I had authorization. 507 00:31:28,783 --> 00:31:31,619 - From where? - Downey's closest living relative. 508 00:31:31,619 --> 00:31:35,254 Ginny Miller. His aunt on his mother's side. 509 00:31:35,254 --> 00:31:37,663 You got authorization from Aunt Ginny? 510 00:31:37,663 --> 00:31:39,723 I gave her a call like you asked. 511 00:31:39,723 --> 00:31:42,202 Very nice woman. We spoke for about an hour. 512 00:31:42,202 --> 00:31:44,795 You got authorization from Aunt Ginny. 513 00:31:44,795 --> 00:31:47,535 Perfectly within my province. 514 00:31:47,535 --> 00:31:50,043 Does Aunt Ginny have a barn? We could hold the trial there. 515 00:31:50,043 --> 00:31:53,242 I can sew the costumes. Maybe his Uncle Goober can be the judge. 516 00:31:56,686 --> 00:31:59,210 I am going to Cuba with you tomorrow. 517 00:32:01,225 --> 00:32:04,022 And the hits just keep on coming. 518 00:32:27,052 --> 00:32:30,613 - How's it going, Luther? - Another day, another dollar, captain. 519 00:32:30,613 --> 00:32:33,888 - You gotta play them as they lay. - What goes around comes around. 520 00:32:33,888 --> 00:32:37,396 - Can't beat them, join them. - At least I got my health. 521 00:32:37,396 --> 00:32:41,229 Well, then you got everything. See you tomorrow, Luther. 522 00:32:41,229 --> 00:32:43,234 Not if see you first. 523 00:32:45,571 --> 00:32:47,563 Now don't forget. When Sally gets back, you're my witness. 524 00:32:47,563 --> 00:32:49,940 The baby spoke. My daughter said a word. 525 00:32:49,940 --> 00:32:52,308 Your daughter made a sound, Sam. I am not sure it was a word. 526 00:32:52,308 --> 00:32:54,313 Come on, now. It was definitely a word. 527 00:32:57,218 --> 00:32:59,880 You heard her. The girl sat here, pointed and said, ' Pa.' 528 00:32:59,880 --> 00:33:02,047 She did. She said, ' Pa.' 529 00:33:02,047 --> 00:33:04,354 She was pointing at a mailbox, Sam. 530 00:33:04,354 --> 00:33:08,385 That's right, pointing as into say, ' Pa, look. A mailbox.' 531 00:33:15,938 --> 00:33:19,067 Jack Ross came to see me today. He offered me the 12 years. 532 00:33:19,067 --> 00:33:21,838 - Oh, that's what you wanted, right? - I know, I know. 533 00:33:22,913 --> 00:33:27,475 I mean, I guess I will take it. I will take it. 534 00:33:28,553 --> 00:33:31,681 - So-- - It took about 45 seconds. 535 00:33:31,681 --> 00:33:33,450 He barely put up a fight. 536 00:33:33,450 --> 00:33:36,084 Danny, take the 12 years. It's a gift. 537 00:33:37,161 --> 00:33:39,095 You don't believe their story, do you? 538 00:33:39,095 --> 00:33:41,324 You think they ought to go to jail for the rest of their lives. 539 00:33:41,324 --> 00:33:43,595 I believe every word of their story... 540 00:33:43,595 --> 00:33:46,695 and I think they ought to go to jail for the rest of their lives. 541 00:33:52,145 --> 00:33:54,078 - See you tomorrow. - Okay. 542 00:33:54,078 --> 00:33:56,775 Don't forget to wear the whites. Very hot down there. 543 00:33:56,775 --> 00:33:58,715 I don't like the whites. 544 00:33:58,715 --> 00:34:01,151 Nobody likes the whites, but we're going to Cuba. 545 00:34:01,151 --> 00:34:03,917 - You got Dramamine? - Dramamine keeps you cool? 546 00:34:03,917 --> 00:34:07,552 No, Dramamine keeps you from throwing up. You get sick when you fly. 547 00:34:07,552 --> 00:34:10,995 I get sick when I fly because I am afraid of crashing into a large mountain. 548 00:34:10,995 --> 00:34:12,623 I don't think Dramamine will help. 549 00:34:13,635 --> 00:34:16,069 I got some oregano. I hear that works pretty good. 550 00:34:19,507 --> 00:34:22,739 You know, Ross said the strangest thing to me right before I left. 551 00:34:22,739 --> 00:34:26,211 He said the platoon commander Lieutenant Jonathan Kendrick... 552 00:34:26,211 --> 00:34:29,911 had a meeting with the men and told them not to touch Santiago. 553 00:34:29,911 --> 00:34:30,661 So? 554 00:34:32,755 --> 00:34:35,120 I never mentioned Kendrick. I don't even know who he is. 555 00:34:38,761 --> 00:34:42,754 Ah, what the hell. I will see you tomorrow. 556 00:35:18,671 --> 00:35:21,367 Lieutenants Kaffee and Weinberg, Commander Galloway. 557 00:35:21,367 --> 00:35:24,137 I am Corporal Barnes. I am to escort you to the windward side of the base. 558 00:35:24,137 --> 00:35:27,375 - Thank you. - I got some camouflage jackets here. 559 00:35:27,375 --> 00:35:30,576 - I suggest you both put them on. - Camouflage jackets? 560 00:35:30,576 --> 00:35:33,779 Yes, sir. We will be riding pretty close to the fence line. 561 00:35:33,779 --> 00:35:36,014 The Cubans see an officer wearing white... 562 00:35:36,014 --> 00:35:38,650 they think it might be someone they want to take a shot at. 563 00:35:40,462 --> 00:35:42,929 Good call, Sam. 564 00:35:47,503 --> 00:35:50,131 We will just hop on the ferry. We will be there in no time. 565 00:35:50,131 --> 00:35:52,799 - Wait. We gotta take a boat? - Yes, sir. 566 00:35:52,799 --> 00:35:56,504 - To get to the other side of the bay. - Nobody said anything about a boat. 567 00:35:56,504 --> 00:35:59,376 - Is there a problem, sir? - No, no problem. 568 00:35:59,376 --> 00:36:01,211 Just not crazy about boats. 569 00:36:01,211 --> 00:36:05,551 Jesus Christ, Kaffee, you're in the Navy, for crying out loud. 570 00:36:05,551 --> 00:36:09,184 - Nobody likes her very much. - Yes, sir! 571 00:36:22,374 --> 00:36:24,969 Nathan Jessup. Come on in. 572 00:36:24,969 --> 00:36:29,071 Thank you, sir. Daniel Kaffee. I am the attorney for Dawson and Downey. 573 00:36:29,071 --> 00:36:31,514 This is Lieutenant Commander Joanne Galloway. 574 00:36:31,514 --> 00:36:34,781 - Pleasure meeting you, Commander. - Observing and evaluating, sir. 575 00:36:34,781 --> 00:36:36,788 Lieutenant Sam Weinberg. He will be assisting. 576 00:36:36,788 --> 00:36:39,585 - Sir. - This is my X.O., Colonel Markinson... 577 00:36:39,585 --> 00:36:41,684 and platoon leader Lieutenant Kendrick. 578 00:36:41,684 --> 00:36:44,253 I have asked them to join us. Sit down, please. 579 00:36:44,253 --> 00:36:46,799 - Lieutenant Kaffee. - Colonel Markinson. 580 00:36:46,799 --> 00:36:49,359 I had the pleasure of meeting your father once. 581 00:36:49,359 --> 00:36:51,495 I was a teenager. He spoke at my high school. 582 00:36:52,507 --> 00:36:53,700 Lionel Kaffee? 583 00:36:54,541 --> 00:36:56,511 - Yes, sir. - Well, what do you know? 584 00:36:56,511 --> 00:37:01,173 John, this man's dad once made a lot of enemies down in your neck of the woods. 585 00:37:01,173 --> 00:37:05,016 Jefferson Vs. Madison County School District. 586 00:37:05,016 --> 00:37:09,421 Folks down there said a black girl couldn't go to an all-white school. 587 00:37:09,421 --> 00:37:13,427 Lionel Kaffee said, 'Well, we will just see about that.' 588 00:37:13,427 --> 00:37:16,055 How the hell is your dad, Danny? 589 00:37:16,055 --> 00:37:18,531 He passed away seven years ago, sir. 590 00:37:20,270 --> 00:37:23,137 Don't I feel like the fucking asshole. 591 00:37:23,137 --> 00:37:24,538 Not at all. 592 00:37:25,775 --> 00:37:27,869 Well, what can we do for you, Danny? 593 00:37:27,869 --> 00:37:29,879 Uh, not much, sir. 594 00:37:31,382 --> 00:37:35,285 This is really a formality more than anything else. 595 00:37:36,355 --> 00:37:39,255 JAG Corps insists that we interview all the relevant witnesses. 596 00:37:39,255 --> 00:37:41,292 The JAG Corps can be demanding that way. 597 00:37:43,029 --> 00:37:45,827 John will take you out and show you what you want to see. 598 00:37:45,827 --> 00:37:47,956 After that we can all hook up for lunch. 599 00:37:47,956 --> 00:37:51,265 - How does that sound? Good. - Fine, sir. 600 00:37:59,379 --> 00:38:01,814 I understand you had a meeting with your men that afternoon. 601 00:38:01,814 --> 00:38:04,214 - Yes, I did. - What did you guys talk about? 602 00:38:04,214 --> 00:38:06,650 I told the men that we had an informer among us... 603 00:38:06,650 --> 00:38:09,712 and that despite any desire they might have to seek retribution... 604 00:38:09,712 --> 00:38:13,282 Private Santiago was not to be harmed in anyway. 605 00:38:13,282 --> 00:38:16,660 - What time was that meeting? - 1600. 606 00:38:16,660 --> 00:38:19,597 That's 4:00. 607 00:39:10,957 --> 00:39:13,481 Sam, we should make sure somebody gets this to his parents. 608 00:39:13,481 --> 00:39:16,723 - We don't need it anymore. - Right. 609 00:39:17,998 --> 00:39:20,261 Lieutenant Kendrick, may I call you John? 610 00:39:20,261 --> 00:39:22,392 No, you may not. 611 00:39:22,392 --> 00:39:24,597 Have I done something to offend you? 612 00:39:24,597 --> 00:39:26,765 No, I like all you Navy boys. 613 00:39:26,765 --> 00:39:30,901 Every time we gotta go someplace to fight, you fellas always give us a ride. 614 00:39:32,279 --> 00:39:35,715 Lieutenant Kendrick, do you think Santiago was murdered? 615 00:39:35,715 --> 00:39:38,651 Commander, I believe in God and His Son Jesus Christ. 616 00:39:38,651 --> 00:39:40,711 And because I do, I can say this: 617 00:39:40,711 --> 00:39:44,520 Private Santiago is dead, and that is a tragedy. 618 00:39:44,520 --> 00:39:46,857 But he is dead because he had no code. 619 00:39:46,857 --> 00:39:51,228 He is dead because he had no honor, and God was watching. 620 00:39:53,702 --> 00:39:55,466 How do you feel about that theory? 621 00:39:55,466 --> 00:39:57,769 Sounds good. Let's move on. 622 00:39:57,769 --> 00:39:59,832 Are you planning on doing any investigating... 623 00:39:59,832 --> 00:40:01,844 or are you just gonna take the guided tour? 624 00:40:03,480 --> 00:40:06,279 I am pacing myself. 625 00:40:07,117 --> 00:40:08,845 They were running around for three hours... 626 00:40:08,845 --> 00:40:11,855 looking for anything white they could wave in the air. 627 00:40:11,855 --> 00:40:15,221 Some of these people surrendered to a crew from CNN. 628 00:40:16,294 --> 00:40:21,562 Well, walk softly and carry an armored tank division, I always say. 629 00:40:23,035 --> 00:40:26,266 - That was delicious. Thank you. - My pleasure, sir. 630 00:40:26,266 --> 00:40:31,172 Colonel, I do have to ask you a couple of questions about September 6. 631 00:40:31,172 --> 00:40:32,834 Shoot. 632 00:40:32,834 --> 00:40:35,507 On the morning of the sixth, you were contacted by an N.I.S. agent... 633 00:40:35,507 --> 00:40:39,017 who said that Santiago tipped him off to an illegal fence line shooting. 634 00:40:39,017 --> 00:40:41,280 - Yes. - Santiago would reveal the person... 635 00:40:41,280 --> 00:40:44,153 - in exchange for a transfer. - Yes. 636 00:40:47,260 --> 00:40:50,059 If you feel there are any details that I am missing... 637 00:40:50,059 --> 00:40:53,362 you should feel free to speak up. 638 00:40:55,937 --> 00:40:57,371 Thank you. 639 00:41:00,943 --> 00:41:03,740 Now, at this point you called Lieutenant Colonel Markinson... 640 00:41:03,740 --> 00:41:06,145 and Lieutenant Kendrick into your office. 641 00:41:06,145 --> 00:41:07,909 - Is that right? - Yes. 642 00:41:07,909 --> 00:41:09,144 What happened? 643 00:41:09,144 --> 00:41:15,020 We agreed that, for his own safety, Santiago should be transferred off base. 644 00:41:15,020 --> 00:41:19,118 Santiago was set to be transferred. 645 00:41:19,118 --> 00:41:21,789 On the first available flight to the States... 646 00:41:21,789 --> 00:41:23,992 0600 the next morning. 647 00:41:23,992 --> 00:41:28,165 Five hours too late, as it turned out. 648 00:41:29,440 --> 00:41:30,872 Yeah. 649 00:41:32,443 --> 00:41:34,810 All right. That's all I have. Thanks very much for your time. 650 00:41:34,810 --> 00:41:38,179 Corporal's waiting with the Jeep. He will take you back to the flight line. 651 00:41:38,179 --> 00:41:40,275 - Thank you, sir. - Wait. I have got some questions. 652 00:41:40,275 --> 00:41:41,979 - No, you don't. - Yes, I do. 653 00:41:41,979 --> 00:41:45,046 - No, you don't. - On the morning that Santiago died... 654 00:41:45,046 --> 00:41:48,718 did you meet with Dr. Stone between 3:00 and 5:00? 655 00:41:48,718 --> 00:41:52,820 Of course I met with the doctor. One of my men was dead. 656 00:41:52,820 --> 00:41:55,424 See? The man was dead. Let's go. 657 00:41:55,424 --> 00:41:59,165 I am just wondering if you�ve ever heard the term 'Code Red.' 658 00:42:00,507 --> 00:42:02,202 I have heard the term, yes. 659 00:42:02,202 --> 00:42:05,266 This past February, you received a cautionary memo... 660 00:42:05,266 --> 00:42:07,644 from the commander-in-chief of the Atlantic fleet... 661 00:42:07,644 --> 00:42:09,649 warning that the practice of enlisted men... 662 00:42:09,649 --> 00:42:12,880 disciplining their own wasn't to be condoned by officers. 663 00:42:12,880 --> 00:42:15,479 Well, I submit to you that whoever wrote that memo... 664 00:42:15,479 --> 00:42:17,491 has never faced the working end... 665 00:42:17,491 --> 00:42:21,619 of a Soviet-made Cuban AK-47 assault rifle. 666 00:42:21,619 --> 00:42:25,394 However, the directive having come from the commander... 667 00:42:25,394 --> 00:42:27,594 I gave it its due attention. 668 00:42:27,594 --> 00:42:30,231 - What is your point, Jo? - She has no point. 669 00:42:30,231 --> 00:42:32,240 She often has no point. It's part of her charm. 670 00:42:32,240 --> 00:42:37,301 - We're out of here. Thank you. - I think Code Reds still go on here. 671 00:42:37,301 --> 00:42:41,646 - Do Code Reds still happen here? -Jo, he doesn't need to answer that. 672 00:42:41,646 --> 00:42:43,276 - Yes, he does. - No, he really doesn't. 673 00:42:43,276 --> 00:42:45,412 Yeah, he really does. 674 00:42:50,160 --> 00:42:52,392 You know, it just hit me. 675 00:42:53,465 --> 00:42:55,399 She outranks you, Danny. 676 00:42:55,399 --> 00:42:58,300 - Yes, sir. - I want to tell you something. 677 00:42:58,300 --> 00:43:00,895 And listen up, because I really mean this. 678 00:43:00,895 --> 00:43:03,702 You're the luckiest man in the world. 679 00:43:03,702 --> 00:43:08,075 There is nothing on this earth sexier-- believe me, gentlemen-- 680 00:43:08,075 --> 00:43:11,139 than a woman that you have to salute in the morning. 681 00:43:11,818 --> 00:43:15,117 Promote them all, I say, because this is true: 682 00:43:15,117 --> 00:43:18,316 If you haven't gotten a blowjob from a superior officer... 683 00:43:18,316 --> 00:43:22,851 well, you�re just letting the best in life pass you by. 684 00:43:24,031 --> 00:43:26,692 Colonel, the practice of Code Reds is still condoned by officers-- 685 00:43:26,692 --> 00:43:31,204 My problem is that I am a colonel, so I will go on taking cold showers... 686 00:43:31,204 --> 00:43:33,832 until they elect some gal president. 687 00:43:33,832 --> 00:43:36,376 I need an answer to my question, sir. 688 00:43:36,376 --> 00:43:40,005 Take caution in your tone, Commander. 689 00:43:40,005 --> 00:43:45,451 I am a fair guy, but this fucking heat is making me absolutely crazy. 690 00:43:47,222 --> 00:43:49,657 You want to ask me about Code Reds? On the record... 691 00:43:49,657 --> 00:43:51,717 I tell you I discourage the practice... 692 00:43:51,717 --> 00:43:53,853 in accordance with the commander's directive. 693 00:43:53,853 --> 00:43:56,956 Off the record, I tell you it is an invaluable part... 694 00:43:56,956 --> 00:43:58,966 of close-infantry training. 695 00:43:58,966 --> 00:44:02,970 And if it happens to go on without my knowledge, so be it. 696 00:44:02,970 --> 00:44:06,065 I run my unit how I run my unit. 697 00:44:06,065 --> 00:44:10,581 You want to investigate me, roll the dice and take your chances. 698 00:44:10,581 --> 00:44:15,142 I eat breakfast 300 yards from 4,000 Cubans who are trained to kill me. 699 00:44:15,142 --> 00:44:18,313 So don't think for one second that you can come down here... 700 00:44:18,313 --> 00:44:20,483 flash a badge... 701 00:44:20,483 --> 00:44:23,152 and make me nervous. 702 00:44:27,299 --> 00:44:28,561 Let's go. 703 00:44:31,571 --> 00:44:35,166 Colonel, I will just need a copy of Santiago�s transfer order. 704 00:44:35,775 --> 00:44:36,833 What's that? 705 00:44:36,833 --> 00:44:40,038 Santiago's transfer order. You guys have paperwork on that kind of thing. 706 00:44:40,038 --> 00:44:42,047 I just need it for the file. 707 00:44:42,047 --> 00:44:45,107 - For the file. - Yeah. 708 00:44:47,253 --> 00:44:51,589 Of course you can have a copy of the transfer order for the file. 709 00:44:51,589 --> 00:44:54,924 - I am here to help in anyway I can. - Thank you. 710 00:44:54,924 --> 00:44:59,023 You believe that, don�t you, Danny, that I am here to help you in anyway I can? 711 00:45:00,102 --> 00:45:01,363 Of course. 712 00:45:02,070 --> 00:45:05,561 Corporal will take you by personnel on your way out to the flight line... 713 00:45:05,561 --> 00:45:09,873 and you can have all the transfer orders that you want. 714 00:45:10,947 --> 00:45:14,145 - Let's go. - But you have to ask me nicely. 715 00:45:16,519 --> 00:45:17,782 I beg your pardon? 716 00:45:17,782 --> 00:45:20,982 You have to ask me nicely. 717 00:45:20,982 --> 00:45:24,458 You see, Danny, I can deal with the bullets and the bombs and the blood. 718 00:45:24,458 --> 00:45:27,692 I don't want money, and I don't want medals. 719 00:45:27,692 --> 00:45:32,464 What I do want is for you to stand there in that faggoty white uniform... 720 00:45:32,464 --> 00:45:36,975 and with your Harvard mouth extend me some fucking courtesy. 721 00:45:39,677 --> 00:45:42,167 You gotta ask me nicely. 722 00:45:45,683 --> 00:45:48,016 Colonel Jessup, if it�s not too much trouble... 723 00:45:48,016 --> 00:45:51,989 I'd like a copy of the transfer order, sir. 724 00:45:55,327 --> 00:45:56,760 No problem. 725 00:46:21,822 --> 00:46:25,190 In the seventh. San Diego leads. Braves try to comeback. 726 00:46:25,190 --> 00:46:27,524 Runners don�t go. 727 00:46:27,524 --> 00:46:30,361 Hard drive, right field. We're gonna have a tied ballgame. 728 00:46:30,361 --> 00:46:34,392 It's on its way, and it is now 10 to 10. 729 00:46:34,392 --> 00:46:36,404 And I don't believe it. 730 00:46:39,776 --> 00:46:41,801 - Who is it? - It's me. 731 00:46:44,614 --> 00:46:48,745 I really missed you. I was just saying to myself it�s been almost three hours. 732 00:46:48,745 --> 00:46:51,653 - Markinson's disappeared. - What? 733 00:46:51,653 --> 00:46:54,487 Colonel Markinson's gone U.A. -- unauthorized absence. 734 00:46:54,487 --> 00:46:56,049 I know what it means. When? 735 00:46:56,049 --> 00:46:58,390 This afternoon. Sometime after we left. 736 00:46:59,130 --> 00:47:01,757 - I will try to find him in the morning. - I have already tried. 737 00:47:01,757 --> 00:47:03,562 You tried? 738 00:47:04,904 --> 00:47:08,237 Joanne, you're coming dangerously close to the textbook definition... 739 00:47:08,237 --> 00:47:10,606 of interfering with a government investigation. 740 00:47:10,606 --> 00:47:12,268 I am Louden Downey's attorney. 741 00:47:13,480 --> 00:47:17,108 Aunt Ginny. She says she feels like she's known me for years. 742 00:47:17,108 --> 00:47:19,448 So I suggested that she might feel more comfortable... 743 00:47:19,448 --> 00:47:21,680 if were directly involved with the case. 744 00:47:21,680 --> 00:47:25,156 She had Louden sign the papers about an hour ago. 745 00:47:25,156 --> 00:47:27,194 I suppose it's way too much to hope... 746 00:47:27,194 --> 00:47:29,728 that you�re making this up just to bother me. 747 00:47:29,728 --> 00:47:31,958 Don't worry. I am not gonna make a motion for separation. 748 00:47:31,958 --> 00:47:34,900 - You're still lead counsel. - Splendid. 749 00:47:34,900 --> 00:47:37,802 I think Kendrick ordered the Code Red, and so do you. 750 00:47:39,707 --> 00:47:41,608 Let's go. 751 00:47:45,114 --> 00:47:47,240 Officer on deck! 752 00:47:47,240 --> 00:47:49,251 - Did Kendrick order the Code Red? - Sir? 753 00:47:49,251 --> 00:47:52,981 Don't say 'Sir' like I just asked you if you cleaned the latrine. 754 00:47:52,981 --> 00:47:55,320 You heard what I said. Did Lieutenant Kendrick order you guys... 755 00:47:55,320 --> 00:47:57,417 to give Santiago a Code Red? 756 00:47:58,528 --> 00:47:59,825 Yes, sir. 757 00:48:01,364 --> 00:48:03,594 - Did he? - Yes, sir. 758 00:48:08,572 --> 00:48:11,632 You mind telling me why you never mentioned this before? 759 00:48:11,632 --> 00:48:15,770 -You didn't ask. -That won't win you a place in my heart. 760 00:48:15,770 --> 00:48:18,144 I get paid no matter how much time you spend in jail. 761 00:48:18,144 --> 00:48:20,274 Yes, sir. I know you do, sir. 762 00:48:20,274 --> 00:48:22,513 - Fuck you, Harold! - All right. 763 00:48:23,556 --> 00:48:26,023 At ease. 764 00:48:26,023 --> 00:48:28,026 - Let's sort this thing out. - Shit! 765 00:48:28,026 --> 00:48:31,530 There was a platoon meeting on September 6 at 4:00 in the afternoon. 766 00:48:31,530 --> 00:48:33,962 Lieutenant Kendrick says that he gave strict instructions... 767 00:48:33,962 --> 00:48:36,126 that nothing was to happen to Santiago. 768 00:48:36,126 --> 00:48:39,262 Now, is this true? 769 00:48:40,139 --> 00:48:41,971 I want you to speak freely. 770 00:48:44,878 --> 00:48:46,436 Ma'am, that's correct... 771 00:48:46,436 --> 00:48:49,175 but then he dismissed the platoon and we all went to our rooms. 772 00:48:49,175 --> 00:48:50,614 And what happened then? 773 00:48:50,614 --> 00:48:53,313 Lieutenant Kendrick came to our room, ma'am. 774 00:48:53,313 --> 00:48:54,445 When? 775 00:48:55,924 --> 00:49:00,156 About five minutes after the meeting broke, sir. About 1620. 776 00:49:00,156 --> 00:49:01,856 And what happened then? 777 00:49:02,698 --> 00:49:07,192 Lieutenant Kendrick ordered us to give Santiago a Code Red. 778 00:49:08,571 --> 00:49:09,663 Jack! 779 00:49:09,663 --> 00:49:11,968 Hang on. 780 00:49:11,968 --> 00:49:13,564 They were given an order. 781 00:49:16,480 --> 00:49:18,640 -Jack, come on. - Be right back. 782 00:49:18,640 --> 00:49:21,912 - What are you doing, Jack? - Be right back. 783 00:49:21,912 --> 00:49:25,149 - How long did you know about the order? - I didn't. Who's this? 784 00:49:25,149 --> 00:49:28,885 That's Jo Galloway, Downey's lawyer. She's very pleased to meet you. 785 00:49:28,885 --> 00:49:32,122 - What exactly are you accusing me of? - How long did you know about the order? 786 00:49:32,122 --> 00:49:34,220 He didn't, because if he did and hadn't told us... 787 00:49:34,220 --> 00:49:37,062 he'd be violating about 14 articles of the Code of Ethics. 788 00:49:37,062 --> 00:49:38,569 He has enough to worry about... 789 00:49:38,569 --> 00:49:40,730 God forbid our clients decide to plead not guilty... 790 00:49:40,730 --> 00:49:43,035 and testify for the record that they were given an order. 791 00:49:43,035 --> 00:49:45,737 Kendrick specifically told those men not to touch Santiago. 792 00:49:45,737 --> 00:49:47,677 That's right. And then he went into Dawson and Downey's room... 793 00:49:47,677 --> 00:49:49,737 and specifically told them to give him a Code Red. 794 00:49:49,737 --> 00:49:52,545 - Kendrick said different. Have proof? - He's lying. I have the defendants. 795 00:49:52,545 --> 00:49:54,746 And I have 23 Marines who aren't accused of murder... 796 00:49:54,746 --> 00:49:57,118 and a lieutenant with four letters of commendation. 797 00:49:57,118 --> 00:49:59,385 - Why did Markinson go U.A.? - We will never know. 798 00:49:59,385 --> 00:50:02,452 - You don't think I could subpoena him? - You can try, but you won't find him. 799 00:50:02,452 --> 00:50:06,397 You know what he did for the first 17 of his 26 years in the Corps? 800 00:50:06,397 --> 00:50:10,927 Counterintelligence. Markinson's gone. There is no Markinson. 801 00:50:12,439 --> 00:50:14,373 Look, Danny. 802 00:50:14,373 --> 00:50:16,966 Jessup's star is on the rise. 803 00:50:16,966 --> 00:50:18,980 Division will give me a lot of room on this one... 804 00:50:18,980 --> 00:50:21,242 to spare Jessup and the Corps any embarrassment. 805 00:50:21,242 --> 00:50:22,476 How much? 806 00:50:23,652 --> 00:50:27,214 Involuntary manslaughter, two years, they're home in six months. 807 00:50:27,214 --> 00:50:28,756 No deal. We're going to court. 808 00:50:28,756 --> 00:50:30,654 - No, you're not. - Why not? 809 00:50:30,654 --> 00:50:34,025 because you�ll lose, and Danny knows it. 810 00:50:34,025 --> 00:50:36,826 If we do go to court, I am gonna have to go all the way. 811 00:50:36,826 --> 00:50:39,231 They're gonna be charged with a whole truckload-- 812 00:50:39,231 --> 00:50:41,897 murder, conspiracy, conduct unbecoming. 813 00:50:41,897 --> 00:50:44,372 Even though he's got me by the balls out here, Danny knows... 814 00:50:44,372 --> 00:50:46,773 that in a courtroom, he loses this case. 815 00:50:46,773 --> 00:50:48,777 Danny is an awfully talented lawyer. 816 00:50:48,777 --> 00:50:51,245 He's not about to see his clients go to jail for life... 817 00:50:51,245 --> 00:50:53,806 when he knows they can be home in six months. 818 00:50:54,551 --> 00:50:56,486 That's the end of this negotiation. 819 00:50:57,389 --> 00:50:59,755 I will see you tomorrow morning at the arraignment. 820 00:51:03,162 --> 00:51:06,063 All right. Here's the story. 821 00:51:06,063 --> 00:51:10,831 The government's offering involuntary manslaughter, two years. 822 00:51:10,831 --> 00:51:12,838 Be home in six months. 823 00:51:15,507 --> 00:51:19,104 Wow, Kaffee! You're the greatest lawyer in the world! 824 00:51:19,104 --> 00:51:22,240 Ooh, how can we ever thank you? 825 00:51:22,240 --> 00:51:24,875 Fellas, you hear what I just said? 826 00:51:24,875 --> 00:51:28,217 You're going home in six months. 827 00:51:28,217 --> 00:51:30,620 I am afraid we can't do that, sir. 828 00:51:30,620 --> 00:51:34,023 - Do what? - Make a deal, sir. 829 00:51:34,023 --> 00:51:35,562 What are you talking about? 830 00:51:35,562 --> 00:51:38,463 We did nothing wrong, sir. We did our job... 831 00:51:38,463 --> 00:51:41,696 and if that has consequences, then I will accept them. 832 00:51:41,696 --> 00:51:44,170 But I won't say that I am guilty, sir. 833 00:51:45,507 --> 00:51:49,068 Did you-- Did she put you up to this? 834 00:51:49,068 --> 00:51:52,637 - We have a code, sir. - Oh, well, zip-a-dee-doo-dah! 835 00:51:52,637 --> 00:51:56,049 You and your code plead not guilty. You will be in jail the rest of your life. 836 00:51:56,049 --> 00:51:59,180 Do what I am telling you, you will be home in six months. 837 00:52:01,024 --> 00:52:02,992 Do it, Harold. Six months. 838 00:52:02,992 --> 00:52:05,585 It's nothing. It's a hockey season. 839 00:52:08,065 --> 00:52:09,760 - Permission to-- - Speak! 840 00:52:09,760 --> 00:52:10,480 Jesus! 841 00:52:14,305 --> 00:52:17,333 - What do we do then, sir? - When? 842 00:52:17,333 --> 00:52:20,434 After six months, we will be dishonorably discharged, right, sir? 843 00:52:20,434 --> 00:52:21,844 Probably. 844 00:52:23,082 --> 00:52:25,072 Well, what do we do then, sir? 845 00:52:27,786 --> 00:52:31,688 We joined the Marines because we wanted to live our lives by a certain code. 846 00:52:31,688 --> 00:52:33,520 And we found it in the Corps. 847 00:52:33,520 --> 00:52:36,824 Now you�re asking us to sign a piece of paper that says we have no honor. 848 00:52:36,824 --> 00:52:39,092 You're asking us to say we�re not Marines. 849 00:52:39,092 --> 00:52:41,464 If a court decides that what we did was wrong... 850 00:52:41,464 --> 00:52:43,560 then I will accept whatever punishment they give. 851 00:52:43,560 --> 00:52:47,095 But I believe I was right, sir. I believe I did my job... 852 00:52:47,095 --> 00:52:50,507 and I will not dishonor myself, my unit or the Corps... 853 00:52:50,507 --> 00:52:54,639 so that I can go home in six months... 854 00:52:54,639 --> 00:52:56,149 sir. 855 00:53:03,359 --> 00:53:08,160 Commander, I'd like to talk to Lance Corporal Dawson alone for a minute. 856 00:53:09,732 --> 00:53:11,597 Sergeant. 857 00:53:11,597 --> 00:53:14,193 We're gonna go to another room. 858 00:53:14,193 --> 00:53:16,602 - We'd like another holding room. - All right, ma'am. 859 00:53:16,602 --> 00:53:19,108 - It's gonna be okay. - Sit down. 860 00:53:30,553 --> 00:53:32,580 You don't like me very much, do you? 861 00:53:33,892 --> 00:53:37,088 Forget it. Don't answer that. It doesn't matter. 862 00:53:43,301 --> 00:53:44,733 You know... 863 00:53:46,104 --> 00:53:48,039 Downey worships you. 864 00:53:50,776 --> 00:53:53,268 He's gonna do whatever you do. 865 00:53:54,248 --> 00:53:59,049 Are you really gonna let this happen to him because of a code, Harold? 866 00:53:59,049 --> 00:54:01,552 - Do you think we were right? - It doesn't matter-- 867 00:54:01,552 --> 00:54:05,682 - Do you think we were right? - I think you�d lose. 868 00:54:07,660 --> 00:54:09,596 You're such a coward. 869 00:54:09,596 --> 00:54:12,225 I can't believe they let you wear a uniform. 870 00:54:14,602 --> 00:54:17,229 I am not gonna feel responsible for this. I did everything I could. 871 00:54:17,229 --> 00:54:19,830 You're going to Leavenworth for the better part of your life. 872 00:54:19,830 --> 00:54:21,842 And you know what? I don't give a shit. 873 00:54:23,912 --> 00:54:26,882 What happened to saluting an officer when he leaves the room? 874 00:54:35,959 --> 00:54:37,050 Open it up. 875 00:54:39,817 --> 00:54:41,615 I don't believe it. 876 00:54:41,615 --> 00:54:44,085 Dawson's gonna go to jail just to spite me. 877 00:54:44,085 --> 00:54:46,714 Fine. If he wants to jump off a cliff, that's his business. 878 00:54:46,714 --> 00:54:50,557 I am not gonna hold his hand on the way. I want to get him a new lawyer. How? 879 00:54:50,557 --> 00:54:53,063 Just make a motion tomorrow morning at the arraignment. 880 00:54:53,063 --> 00:54:55,123 The judge will ask you if you want to enter a plea... 881 00:54:55,123 --> 00:54:57,601 and you tell him that you want to have new counsel assigned. 882 00:54:59,138 --> 00:55:00,571 That's that. 883 00:55:00,571 --> 00:55:03,938 One thing, though. When you ask the judge for new counsel... 884 00:55:03,938 --> 00:55:05,945 Danny, be sure and ask nicely. 885 00:55:06,847 --> 00:55:09,644 - What do you want from me? - I want you to let them be judged. 886 00:55:09,644 --> 00:55:12,618 I want you to stand up and make an argument. 887 00:55:12,618 --> 00:55:15,349 An argument that didn't work for Calley at My Lai. 888 00:55:15,349 --> 00:55:17,549 An argument that didn't work for the Nazis at Nuremburg. 889 00:55:17,549 --> 00:55:19,558 Oh, for Christ's sake, Sam. 890 00:55:19,558 --> 00:55:22,061 Do you really think that's the same as two teenage Marines... 891 00:55:22,061 --> 00:55:24,927 executing a routine order they never believed would result in harm? 892 00:55:24,927 --> 00:55:26,694 These guys aren't the Nazis. 893 00:55:26,694 --> 00:55:29,829 Don't look now, Danny, but you�re making an argument. 894 00:55:31,440 --> 00:55:34,966 Yeah, yeah. Tomorrow morning I get them a new attorney. 895 00:55:34,966 --> 00:55:37,012 Why are you so afraid to be a lawyer? 896 00:55:37,012 --> 00:55:39,547 Were Daddy's expectations really that high? 897 00:55:39,547 --> 00:55:43,210 Oh, please. Spare me the psycho-babble father bullshit! 898 00:55:43,210 --> 00:55:46,687 Dawson and Downeywill have their day in court, but with another lawyer. 899 00:55:46,687 --> 00:55:49,725 Another lawyer won�t be good enough. They need you. 900 00:55:49,725 --> 00:55:53,355 You know how to win. You know they have a case, and you know how to win. 901 00:55:53,355 --> 00:55:55,864 If you walk away from this now, you have sealed their fate. 902 00:55:55,864 --> 00:55:59,300 Their fate was sealed the moment Santiago died. 903 00:55:59,300 --> 00:56:01,998 - Do you believe they have a case? - You and Dawson. 904 00:56:01,998 --> 00:56:04,132 You both live in the same dream world. 905 00:56:04,132 --> 00:56:06,142 It doesn't matter what I believe. 906 00:56:06,142 --> 00:56:08,337 It only matters what I can prove. 907 00:56:08,337 --> 00:56:11,348 So, please, don't tell me what I know and don't know! 908 00:56:11,348 --> 00:56:13,179 I know the law! 909 00:56:18,157 --> 00:56:20,091 You know nothing about the law. 910 00:56:20,091 --> 00:56:22,354 You're a used car salesman, Daniel. 911 00:56:22,354 --> 00:56:24,918 You're an ambulance chaser with a rank. 912 00:56:24,918 --> 00:56:28,092 You're nothing. Live with that. 913 00:56:34,641 --> 00:56:36,575 So I told Duncan... 914 00:56:36,575 --> 00:56:40,807 'If you want to take this to court I am gonna file nine discovery motions... 915 00:56:40,807 --> 00:56:44,180 and you're gonna spend a year going blind on paperwork... 916 00:56:44,180 --> 00:56:47,745 because a 90-year-old man misread the Delaware insurance code.' 917 00:56:47,745 --> 00:56:50,018 - So what happened? - He calls back 15 minutes later. 918 00:56:50,018 --> 00:56:52,025 He says, ' Let's make a deal.' 919 00:57:39,210 --> 00:57:40,644 All rise. 920 00:57:48,155 --> 00:57:49,247 Where are we? 921 00:57:50,924 --> 00:57:54,485 Docket number 411275VR-5. 922 00:57:54,485 --> 00:57:57,588 The United States Vs. Lance Corporal Harold W. Dawson... 923 00:57:57,588 --> 00:57:59,689 and Private First Class Louden Downey. 924 00:57:59,689 --> 00:58:02,895 The accused are charged with murder, conspiracy to commit murder... 925 00:58:02,895 --> 00:58:05,532 and conduct unbecoming a United States Marine. 926 00:58:05,532 --> 00:58:07,802 Does the defense wish to enter a plea? 927 00:58:09,577 --> 00:58:11,012 Yeah. 928 00:58:14,716 --> 00:58:16,115 They're not guilty. 929 00:58:19,288 --> 00:58:21,881 Enter a plea of not guilty for the accused. 930 00:58:21,881 --> 00:58:25,223 We will adjourn until 1000, three weeks from today... 931 00:58:25,223 --> 00:58:28,230 at which time this general court-martial will reconvene. 932 00:58:44,817 --> 00:58:48,274 Why does a lieutenant junior grade with ninth months' experience... 933 00:58:48,274 --> 00:58:51,720 and a track record for plea bargaining get assigned a murder case? 934 00:58:54,560 --> 00:58:57,552 Would it be so that it never sees the inside of a courtroom? 935 00:59:00,166 --> 00:59:02,099 We will work out of my apartment every night, 7:00. 936 00:59:02,099 --> 00:59:06,798 Jo, pick up a carton of legal pads, half a dozen boxes of red and black pens. 937 00:59:06,798 --> 00:59:10,105 Sam, get a couple of desk lamps. I need a preliminary medical profile. 938 00:59:10,105 --> 00:59:14,613 Jo, we need all proficiency and conduct reports on Dawson, Downey and Santiago. 939 00:59:14,613 --> 00:59:16,876 The only thing I have to eat is Yoo-hoo and Cocoa Puffs... 940 00:59:16,876 --> 00:59:18,884 so if you want anything else, bring it with you. 941 00:59:18,884 --> 00:59:21,114 - Okay? - Yeah. 942 00:59:27,195 --> 00:59:29,595 So this is what a courtroom looks like. 943 00:59:40,075 --> 00:59:42,601 Were you able to speak to your friend at the N.I.S.? 944 00:59:43,680 --> 00:59:46,946 Yeah. She said if Markinson doesn't want to be found... 945 00:59:46,946 --> 00:59:48,916 we're not gonna find him. 946 00:59:48,916 --> 00:59:51,921 She said I could be Markinson, and you wouldn't know it. 947 00:59:53,489 --> 00:59:55,549 Are you Markinson? 948 00:59:57,827 --> 00:59:59,728 I am not Markinson. 949 01:00:00,831 --> 01:00:02,993 That's two down. 950 01:00:04,803 --> 01:00:05,997 What? 951 01:00:08,173 --> 01:00:11,472 I am just wondering, now that Joanne�s on this-- 952 01:00:11,472 --> 01:00:14,068 I am just wondering if you still need me. 953 01:00:14,068 --> 01:00:16,943 - They were following orders. - An illegal order. 954 01:00:16,943 --> 01:00:19,246 Do you think they knew it was an illegal order? 955 01:00:19,246 --> 01:00:22,651 It doesn't matter what they knew. Any decent person would have refused-- 956 01:00:22,651 --> 01:00:24,987 They're not permitted to question orders. 957 01:00:24,987 --> 01:00:28,083 Then what's the secret? Huh? What are the magic words? 958 01:00:28,083 --> 01:00:29,752 I give orders every day-- 959 01:00:29,752 --> 01:00:31,764 We have softball games and marching bands. 960 01:00:31,764 --> 01:00:36,030 They work at a place where you have to wear camouflage or you might get shot! 961 01:00:43,779 --> 01:00:45,837 I need you. 962 01:00:45,837 --> 01:00:50,850 You're better at research than I am, and you know how to prepare a witness. 963 01:00:56,258 --> 01:00:59,386 I have got medical reports and Chinese food. I say we eat first. 964 01:01:06,903 --> 01:01:07,961 What? 965 01:01:10,174 --> 01:01:12,108 You got any kung pao chicken? 966 01:01:15,478 --> 01:01:19,005 This is our defense-- intent. No one can prove there was poison on the rag. 967 01:01:19,005 --> 01:01:21,950 Code Red-- they're common and accepted in Guantanamo Bay. 968 01:01:21,950 --> 01:01:26,389 The order-- A: Kendrick gave it, B: They had to follow it. 969 01:01:26,389 --> 01:01:28,585 - That's it. - What about motive? 970 01:01:28,585 --> 01:01:30,685 We're a little weak on motive. They had one. 971 01:01:30,685 --> 01:01:32,924 - That doesn't mean they're guilty. - Relax. 972 01:01:32,924 --> 01:01:35,364 We will deal with the fence line shooting when it comes up. 973 01:01:35,364 --> 01:01:38,597 Let's start with intent. I don't want to know what made Santiago die. 974 01:01:38,597 --> 01:01:41,607 I just want to show it could have been something other than poison. 975 01:01:41,607 --> 01:01:45,236 Jo, talk to doctors. Find out everything there is to know about lactic acidosis. 976 01:01:45,236 --> 01:01:48,611 This is Lieutenant Commander Galloway with the JAG Corps in Washington. 977 01:01:48,611 --> 01:01:51,912 I have been trying to track down a Lieutenant Colonel Matthew Markinson. 978 01:01:51,912 --> 01:01:54,817 Doctor, was there any sign of external damage? 979 01:01:54,817 --> 01:01:59,383 No scrapes? No cuts? Bruises? Broken bones? 980 01:01:59,383 --> 01:02:03,829 - Was there any sign of violence? - You mean, other than the dead body? 981 01:02:03,829 --> 01:02:06,662 Shit, I walk into that every goddamn time. 982 01:02:06,662 --> 01:02:11,364 He ordered me and Lance Corporal Dawson to give Willie a Code Red. 983 01:02:11,364 --> 01:02:13,669 Answers still have to come much faster. 984 01:02:13,669 --> 01:02:15,834 This Iowa farm boy thing will play for a while... 985 01:02:15,834 --> 01:02:18,312 but in the end, it sounds like he's searching for the truth. 986 01:02:18,312 --> 01:02:20,645 He's right. From now on, Willie is Private Santiago. 987 01:02:20,645 --> 01:02:23,049 You start calling him Willie, and all of a sudden he's a person... 988 01:02:23,049 --> 01:02:25,349 who's got a mother who's gonna miss him, okay? 989 01:02:25,349 --> 01:02:27,356 They drew the court members this afternoon. 990 01:02:27,356 --> 01:02:29,722 Seven men, two women, five Navy, four Marines. 991 01:02:29,722 --> 01:02:32,318 All officers with line experience. Neither of the women have children. 992 01:02:32,318 --> 01:02:34,693 That's a bad break. There�s nothing we can do. 993 01:02:34,693 --> 01:02:37,530 My father always said a jury trial is not just about the law. 994 01:02:37,530 --> 01:02:40,765 It's about assigning blame. Santiago's dead, and he shouldn't be. 995 01:02:40,765 --> 01:02:43,706 These nine people are gonna insist that someone be blamed for that. 996 01:02:43,706 --> 01:02:46,243 Ross is handing them our clients. We're gonna hand them Kendrick. 997 01:02:46,243 --> 01:02:49,837 This is about a sales pitch. It's gonna be won by the lawyers. 998 01:02:49,837 --> 01:02:53,214 So remember, poker faces. Don�t flinch in front of the court members. 999 01:02:53,214 --> 01:02:57,051 Something doesn't go our way, don't hang your head or shift in your seat. 1000 01:02:57,051 --> 01:03:00,854 Whatever happens, you have to look like it's exactly what you knew would happen. 1001 01:03:00,854 --> 01:03:05,522 - If you pass me documents-- - Do it swiftly and don't look eager. 1002 01:03:05,522 --> 01:03:08,863 Don't wear that perfume in court. Wrecks my concentration. 1003 01:03:08,863 --> 01:03:10,368 Really? 1004 01:03:10,368 --> 01:03:12,768 I was talking to Sam. 1005 01:03:14,140 --> 01:03:15,540 What time is it? 1006 01:03:15,540 --> 01:03:17,600 It's time to go home. Try to get some sleep. 1007 01:03:17,600 --> 01:03:19,703 - Yeah. - Give me a ride? 1008 01:03:19,703 --> 01:03:21,213 Sure. 1009 01:03:24,185 --> 01:03:26,345 You're a good man, Charlie Brown. 1010 01:03:26,345 --> 01:03:28,911 I will see you in court, counselor. 1011 01:03:35,665 --> 01:03:37,861 - Danny, I-- - You don't have to say it. 1012 01:03:37,861 --> 01:03:40,334 We have had our differences. I said some things I didn't mean. 1013 01:03:40,334 --> 01:03:43,770 You said some things you didn't mean, but you�re happy I stuck with the case. 1014 01:03:43,770 --> 01:03:48,242 And if you�ve gained a certain respect for me over the last three weeks... 1015 01:03:48,242 --> 01:03:50,370 of course, I am happy about that. 1016 01:03:50,370 --> 01:03:52,539 But we don't have to make a whole big deal out of it. 1017 01:03:52,539 --> 01:03:54,881 If you like me, I won't make you say it. 1018 01:03:54,881 --> 01:03:58,389 I was just gonna tell you to wear matching socks tomorrow. 1019 01:04:00,257 --> 01:04:03,591 Okay. Good tip. 1020 01:04:04,429 --> 01:04:05,691 We're ready. 1021 01:04:05,691 --> 01:04:08,196 Better believe it. 1022 01:04:18,110 --> 01:04:20,045 We're gonna get creamed. 1023 01:04:49,511 --> 01:04:51,638 - Lieutenant Kaffee? - Yes? 1024 01:04:51,638 --> 01:04:54,079 You are gonna save our son, aren�t you? 1025 01:04:55,151 --> 01:04:56,482 I will do my best. 1026 01:04:57,253 --> 01:05:01,917 Danny, I'd like you to meet Ginny Miller, Louden's aunt. 1027 01:05:02,925 --> 01:05:05,894 - You're Aunt Ginny? - Uh-huh. 1028 01:05:07,096 --> 01:05:10,258 I am sorry. I was expecting someone older. 1029 01:05:10,258 --> 01:05:12,062 So was I. 1030 01:05:16,140 --> 01:05:18,165 Last chance. I will flip you for it. 1031 01:05:18,165 --> 01:05:20,676 - All rise. - Too late. 1032 01:05:29,187 --> 01:05:32,350 All those having business with this general court-martial... 1033 01:05:32,350 --> 01:05:34,985 stand forward and you shall be heard. 1034 01:05:34,985 --> 01:05:38,519 Colonel Julius Alexander Randolph is presiding. 1035 01:05:38,519 --> 01:05:41,157 Is the government prepared to make an opening statement? 1036 01:05:41,157 --> 01:05:42,667 Yes, sir. 1037 01:05:45,971 --> 01:05:48,030 The facts of the case are these: 1038 01:05:48,030 --> 01:05:50,906 On midnight of September 6, the accused entered the barracks room... 1039 01:05:50,906 --> 01:05:53,947 of their platoon mate, P.F.C. William Santiago. 1040 01:05:53,947 --> 01:05:57,110 They woke him up, tied his arms and legs with tape... 1041 01:05:57,110 --> 01:05:59,449 and forced a rag into his throat. 1042 01:05:59,449 --> 01:06:03,114 A few minutes later, a chemical reaction called lactic acidosis... 1043 01:06:03,114 --> 01:06:05,319 caused his lungs to begin bleeding. 1044 01:06:05,319 --> 01:06:07,327 He drowned in his own blood... 1045 01:06:07,327 --> 01:06:11,024 and was pronounced dead at 37 minutes past midnight. 1046 01:06:11,024 --> 01:06:16,129 These are the facts of the case, and they are undisputed. 1047 01:06:16,129 --> 01:06:19,834 That's right. The story I�ve just told you... 1048 01:06:19,834 --> 01:06:23,469 is the exact same story you�re gonna hear from Lance Corporal Dawson... 1049 01:06:23,469 --> 01:06:26,275 and it's the exact same story you're gonna hear from Private Downey. 1050 01:06:26,275 --> 01:06:29,046 Furthermore, the government will also demonstrate... 1051 01:06:29,046 --> 01:06:31,554 that the accused soaked the rag in poison... 1052 01:06:31,554 --> 01:06:35,718 and entered Santiago's room with motive and intent to kill. 1053 01:06:37,129 --> 01:06:39,154 Now, Lieutenant Kaffee... 1054 01:06:39,154 --> 01:06:42,323 is gonna try and pull off a little magic act here. 1055 01:06:42,323 --> 01:06:44,891 He's gonna try a little misdirection. 1056 01:06:44,891 --> 01:06:48,701 He's gonna astonish you with stories of rituals... 1057 01:06:48,701 --> 01:06:51,676 and dazzle you with official-sounding terms... 1058 01:06:51,676 --> 01:06:53,677 like 'Code Red.' 1059 01:06:54,846 --> 01:06:58,078 He might even try to cut into a few officers for you. 1060 01:06:58,078 --> 01:07:03,020 He will have no evidence, mind you, none, but it's gonna be entertaining. 1061 01:07:03,020 --> 01:07:06,580 And when we get to the end, all the magic in the world... 1062 01:07:06,580 --> 01:07:09,357 will not have been able to divert your attention from the fact... 1063 01:07:09,357 --> 01:07:14,925 that Willie Santiago is dead and Dawson and Downey killed him. 1064 01:07:16,470 --> 01:07:19,962 These are the facts of the case, and they are undisputed. 1065 01:07:21,775 --> 01:07:23,367 Lieutenant Kaffee. 1066 01:07:23,367 --> 01:07:26,344 There was no poison on the rag, and there was no intent to kill. 1067 01:07:26,344 --> 01:07:31,148 Any attempt to prove otherwise is futile because it just ain't true. 1068 01:07:31,148 --> 01:07:34,451 When Dawson and Downey went into Santiago's room that night... 1069 01:07:34,451 --> 01:07:37,117 it wasn't because of vengeance or hatred. 1070 01:07:37,117 --> 01:07:40,890 It wasn't to kill or harm, and it wasn't because they were looking for kicks. 1071 01:07:40,890 --> 01:07:43,693 It's because it was what they were ordered to do. 1072 01:07:45,100 --> 01:07:46,533 Let me say that again. 1073 01:07:46,533 --> 01:07:49,664 It's because it was what they were ordered to do. 1074 01:07:50,641 --> 01:07:52,335 Out in the real world that means nothing... 1075 01:07:52,335 --> 01:07:56,574 and here at the Washington Navy Yard it doesn't mean a whole lot more. 1076 01:07:56,574 --> 01:08:00,605 But if you�re a Marine assigned to Rifle Security Company Windward... 1077 01:08:00,605 --> 01:08:03,620 Guantanamo Bay, Cuba, and you're given an order... 1078 01:08:03,620 --> 01:08:06,281 you follow it or you pack your bags. 1079 01:08:06,281 --> 01:08:08,349 Make no mistake about it. 1080 01:08:08,349 --> 01:08:11,692 Harold Dawson and Louden Downey are sitting before you today... 1081 01:08:11,692 --> 01:08:15,130 because they did their job. 1082 01:08:18,638 --> 01:08:20,936 Is the government ready to call its first witness? 1083 01:08:22,074 --> 01:08:25,669 If it please the court, the government calls Mr. R.C. McGuire. 1084 01:08:30,117 --> 01:08:32,312 Mr. McGuire, would you raise your right hand, please? 1085 01:08:32,312 --> 01:08:35,150 Do you solemnly swear that the testimony you give this general court-martial... 1086 01:08:35,150 --> 01:08:38,157 will be the truth, the whole truth and nothing but the truth? 1087 01:08:38,157 --> 01:08:41,558 - I do. - Have a seat, please, sir. 1088 01:08:41,558 --> 01:08:44,996 Would you state your full name and occupation, for the record? 1089 01:08:44,996 --> 01:08:49,504 Robert C. McGuire, Special Agent, Naval Investigative Service. 1090 01:08:49,504 --> 01:08:53,872 Mr. McGuire, did your office receive a letter from P.F.C. William Santiago... 1091 01:08:53,872 --> 01:08:56,070 on 3 September of this year? 1092 01:08:56,070 --> 01:08:58,443 - We did. - What did that letter say? 1093 01:08:58,443 --> 01:09:03,178 That a member of Santiago�s unit had fired his weapon over the fence line. 1094 01:09:03,178 --> 01:09:05,379 Was that Marine identified in the letter? 1095 01:09:05,379 --> 01:09:08,981 No. I notified the barracks C.O. Colonel Jessup... 1096 01:09:08,981 --> 01:09:11,084 that I would be coming down to investigate. 1097 01:09:11,084 --> 01:09:12,891 And what did you find? 1098 01:09:12,891 --> 01:09:16,023 The shift reported only one sentry returned his weapon to the switch... 1099 01:09:16,023 --> 01:09:18,090 with a round of ammunition missing. 1100 01:09:18,090 --> 01:09:21,399 - Who was that? - Lance Corporal Harold Dawson. 1101 01:09:21,399 --> 01:09:23,063 Your witness. 1102 01:09:25,743 --> 01:09:28,975 Mr. McGuire, have you questioned Dawson about the fence line shooting? 1103 01:09:28,975 --> 01:09:33,007 Yes. He claims to have been engaged in some manner by the enemy. 1104 01:09:33,007 --> 01:09:35,281 - You don't believe him? - It's not my place-- 1105 01:09:35,281 --> 01:09:37,584 Lance Corporal Dawson's been charged with a number of crimes. 1106 01:09:37,584 --> 01:09:40,318 Why wasn�t he charged with firing at the enemy without cause? 1107 01:09:42,094 --> 01:09:44,997 There wasn't enough evidence to support such a charge. 1108 01:09:44,997 --> 01:09:46,999 Thank you. 1109 01:09:48,069 --> 01:09:50,196 Mr. McGuire, I don't understand what you mean when you say... 1110 01:09:50,196 --> 01:09:52,865 'There wasn't enough evidence to support such a charge.' 1111 01:09:52,865 --> 01:09:55,237 You had William Santiago's letter. 1112 01:09:56,509 --> 01:09:58,444 Santiago was the only eyewitness. 1113 01:09:58,444 --> 01:10:01,948 I never had the chance to interview him, so I don't know what he saw. 1114 01:10:01,948 --> 01:10:05,076 And now we will never know, will we, Mr. McGuire? 1115 01:10:08,790 --> 01:10:11,725 - No more questions. - The witness is excused. 1116 01:10:15,764 --> 01:10:18,460 Corporal Carl Edward Hammaker, Marine Barracks... 1117 01:10:18,460 --> 01:10:21,799 Rifle Security Company Windward, Second Platoon Bravo. 1118 01:10:21,799 --> 01:10:25,308 Corporal, were you present at a meeting that Lieutenant Kendrick held... 1119 01:10:25,308 --> 01:10:28,743 on the afternoon of September 6 with the members of the Second Platoon? 1120 01:10:28,743 --> 01:10:30,109 Yes, sir. 1121 01:10:30,109 --> 01:10:32,774 Would you tell the court the substance of that meeting? 1122 01:10:32,774 --> 01:10:36,012 Lieutenant Kendrick told us we had an informer in our group-- 1123 01:10:36,012 --> 01:10:38,782 that Private Santiago had gone outside the chain of command... 1124 01:10:38,782 --> 01:10:41,791 and reported to the N.I.S. on a member of our platoon. 1125 01:10:41,791 --> 01:10:45,763 Did that make you mad? You can tell the truth, Corporal. 1126 01:10:45,763 --> 01:10:47,662 - Did it make you mad? - Yes, sir. 1127 01:10:47,662 --> 01:10:48,961 How mad? 1128 01:10:48,961 --> 01:10:52,869 Private Santiago betrayed a code we believe in very deeply, sir. 1129 01:10:52,869 --> 01:10:55,929 - Were the other squad members angry? - Object. Speculation. 1130 01:10:55,929 --> 01:10:58,202 - Were Dawson and Downey? - Is the government counsel... 1131 01:10:58,202 --> 01:11:02,840 honestly asking the witness to testify as to how my clients felt? 1132 01:11:02,840 --> 01:11:04,850 Sustained. 1133 01:11:06,686 --> 01:11:10,645 Corporal, did Lieutenant Kendrick leave a standing order at that meeting? 1134 01:11:10,645 --> 01:11:12,817 - Yes, sir. - What was it? 1135 01:11:14,593 --> 01:11:18,622 Well, it was clear that he didn't want us taking matters into our own hands. 1136 01:11:18,622 --> 01:11:20,689 What was the order? 1137 01:11:22,570 --> 01:11:25,540 Sir, he said Santiago wasn't to be touched. 1138 01:11:27,108 --> 01:11:28,701 Your witness. 1139 01:11:29,777 --> 01:11:31,769 Corporal Hammaker, were you in Dawson and Downey's barracks... 1140 01:11:31,769 --> 01:11:33,678 five minutes after this meeting? 1141 01:11:33,678 --> 01:11:35,307 No, sir. 1142 01:11:35,307 --> 01:11:38,045 Thanks. I have no more questions. 1143 01:11:38,045 --> 01:11:40,180 The witness is excused. 1144 01:11:44,027 --> 01:11:46,324 The government calls Corporal Raymond Thomas. 1145 01:11:46,324 --> 01:11:49,627 I understand Captain Ross is planning on calling all the other members... 1146 01:11:49,627 --> 01:11:52,327 of Rifle Security Company Windward to testify. 1147 01:11:52,327 --> 01:11:54,598 In light of the defense Lieutenant Kaffee is planning to mount... 1148 01:11:54,598 --> 01:11:58,608 the explicit instructions of a platoon leader seems particularly relevant. 1149 01:11:58,608 --> 01:12:01,202 The defense is willing to concede that all 22 witnesses... 1150 01:12:01,202 --> 01:12:03,577 will testify substantially as Corporal Hammaker did... 1151 01:12:03,577 --> 01:12:06,014 if the government is willing to concede that none of them... 1152 01:12:06,014 --> 01:12:09,712 were in Dawson and Downey's room at 16:20 on September 6. 1153 01:12:09,712 --> 01:12:11,723 Captain? 1154 01:12:11,723 --> 01:12:14,258 The government will stipulate. 1155 01:12:14,258 --> 01:12:18,285 Then we will adjourn for the day. You can call your next witness tomorrow. 1156 01:12:18,285 --> 01:12:20,299 All rise. 1157 01:12:31,777 --> 01:12:33,712 I want to go over the doctor again. 1158 01:12:33,712 --> 01:12:36,646 - We're taking the right approach. - We have been over this already. 1159 01:12:36,646 --> 01:12:40,312 Listen to me. 3:00-- Stone says he doesn't know what killed Santiago. 1160 01:12:40,312 --> 01:12:44,085 Then he meets with Jessup, and at 5:00 he says it was poison? 1161 01:12:44,085 --> 01:12:46,889 - The doctor's not telling the truth. - Oh, that's a relief!. 1162 01:12:46,889 --> 01:12:50,056 I was afraid I wouldn't be able to use the 'liar, liar, pants on fire' defense. 1163 01:12:50,056 --> 01:12:54,966 We can't prove coercion. Let's go over what we have, okay? 1164 01:13:05,314 --> 01:13:08,978 Private Santiago was admitted to the E.R. at 0012... 1165 01:13:08,978 --> 01:13:12,580 and he was pronounced dead at 0037. 1166 01:13:12,580 --> 01:13:15,853 Dr. Stone, what is lactic acidosis? 1167 01:13:15,853 --> 01:13:19,055 If the muscles and other cells of the body burn sugar... 1168 01:13:19,055 --> 01:13:21,998 instead of oxygen, lactic acid is produced. 1169 01:13:21,998 --> 01:13:25,503 That lactic acid is what caused Santiago's lungs to bleed. 1170 01:13:25,503 --> 01:13:28,506 Normally, how long does it take for the muscles and other cells... 1171 01:13:28,506 --> 01:13:31,008 to begin burning sugar instead of oxygen? 1172 01:13:31,008 --> 01:13:33,636 Twenty to thirty minutes. 1173 01:13:33,636 --> 01:13:37,443 And what caused this process to be sped up in Santiago's muscles? 1174 01:13:37,443 --> 01:13:39,678 An ingested poison of some kind. 1175 01:13:39,678 --> 01:13:42,812 Your Honor, we object at this point. The witness is speculating. 1176 01:13:42,812 --> 01:13:44,948 Commander Stone is an expert medical witness. 1177 01:13:44,948 --> 01:13:47,492 In this courtroom, his opinion is not considered speculation. 1178 01:13:47,492 --> 01:13:50,552 Commander Stone is an internist, not a criminologist. 1179 01:13:50,552 --> 01:13:53,190 The medical facts here are ultimately inconclusive. 1180 01:13:53,190 --> 01:13:56,964 A point I am confident you�ll illustrate to the court under cross-examination. 1181 01:13:56,964 --> 01:14:00,201 So I am sure you won't mind if his opinion is admitted now. 1182 01:14:00,201 --> 01:14:02,039 Not at all, sir. 1183 01:14:04,546 --> 01:14:08,710 Dr. Stone, did Willie Santiago die of poisoning? 1184 01:14:08,710 --> 01:14:10,478 Absolutely. 1185 01:14:10,478 --> 01:14:14,648 You're aware that the lab and coroner's report show no traces of poison? 1186 01:14:14,648 --> 01:14:17,250 - Yes, I am. - Then how do you justify-- 1187 01:14:17,250 --> 01:14:20,295 There are literally dozens of toxins which are virtually undetectable... 1188 01:14:20,295 --> 01:14:23,026 both in the human body and on a fabric. 1189 01:14:23,026 --> 01:14:26,763 The nature of the acidosis is the compelling factor on this issue. 1190 01:14:27,638 --> 01:14:29,537 Thank you, sir. 1191 01:14:31,475 --> 01:14:34,807 Commander, is it possible for a person to have an affliction-- 1192 01:14:34,807 --> 01:14:39,248 some sort of condition-- which might speed up the process of acidosis? 1193 01:14:41,987 --> 01:14:43,851 Commander, is it possible? 1194 01:14:43,851 --> 01:14:45,787 It's possible. 1195 01:14:45,787 --> 01:14:48,257 What might some of those conditions be? 1196 01:14:49,327 --> 01:14:51,818 If a person had a coronary disorder... 1197 01:14:51,818 --> 01:14:54,957 or a cerebral disorder, the process would be more rapid. 1198 01:14:54,957 --> 01:14:59,062 If had a coronary condition and a clean rag was placed in my mouth... 1199 01:14:59,062 --> 01:15:02,906 and the rag was pushed too far down, is it possible that my cells... 1200 01:15:02,906 --> 01:15:05,739 would continue burning sugar after the rag was taken out? 1201 01:15:05,739 --> 01:15:08,712 It would have to be a very serious condition. 1202 01:15:08,712 --> 01:15:11,045 Is it possible to have a serious coronary condition... 1203 01:15:11,045 --> 01:15:14,553 where the warning signals were so mild as to escape a physician... 1204 01:15:14,553 --> 01:15:17,147 during a routine medical exam? 1205 01:15:17,147 --> 01:15:20,490 Possibly. There would still be symptoms, though. 1206 01:15:20,490 --> 01:15:22,893 - What kind of symptoms? - There are hundreds-- 1207 01:15:22,893 --> 01:15:25,262 - Chest pains? - Yes. 1208 01:15:25,262 --> 01:15:27,267 - Shortness of breath? - Yes. 1209 01:15:27,267 --> 01:15:29,770 - Fatigue? - Of course. 1210 01:15:35,378 --> 01:15:37,312 Doctor, is this your signature? 1211 01:15:38,948 --> 01:15:40,075 Yes, it is. 1212 01:15:40,817 --> 01:15:44,480 This is an order for Private Santiago to be put on restrictive duty. 1213 01:15:44,480 --> 01:15:48,490 Would you read your handwritten remarks at the bottom of the page, please? 1214 01:15:48,490 --> 01:15:52,756 'Initial testing, negative. Patient complains of chest pains... 1215 01:15:52,756 --> 01:15:54,991 shortness of breath and fatigue. 1216 01:15:54,991 --> 01:15:58,796 Restricted from running distances over five miles for one week.' 1217 01:16:01,638 --> 01:16:05,166 Commander, isn't it possible that Santiago had a serious condition... 1218 01:16:05,166 --> 01:16:10,180 and it was that condition that caused the accelerated chemical reaction? 1219 01:16:11,850 --> 01:16:13,478 It's not possible? 1220 01:16:14,954 --> 01:16:18,514 I personally give each man a thorough physical examination. 1221 01:16:18,514 --> 01:16:21,685 Private Santiago was given a clean bill of health. 1222 01:16:21,685 --> 01:16:24,321 That's why it had to be poison, right, Commander? 1223 01:16:24,321 --> 01:16:28,494 because if you put a man with a serious coronary condition on duty... 1224 01:16:28,494 --> 01:16:31,002 and that man died from a heart-related incident... 1225 01:16:31,002 --> 01:16:33,062 you'd have a lot to answer for, wouldn�t you, Doctor? 1226 01:16:33,062 --> 01:16:36,167 - Object! Move to strike. - Sustained. 1227 01:16:37,445 --> 01:16:39,436 I have no more questions, Your Honor. 1228 01:16:40,781 --> 01:16:44,184 Dr. Stone, you have held a medical license for 17 years. 1229 01:16:44,184 --> 01:16:46,413 You're Board-certified in internal medicine. 1230 01:16:46,413 --> 01:16:52,052 You are chief of internal medicine at a hospital which serves 5,426 people. 1231 01:16:52,052 --> 01:16:56,997 In your professional medical opinion, was Willie Santiago poisoned? 1232 01:16:56,997 --> 01:16:59,796 We renew our objection to Commander Stone's testimony... 1233 01:16:59,796 --> 01:17:01,995 and ask that it be stricken from the record. 1234 01:17:01,995 --> 01:17:06,007 We further ask the court members to lend no weight to this witness's testimony. 1235 01:17:06,007 --> 01:17:07,736 The objection is overruled. 1236 01:17:07,736 --> 01:17:11,907 The defense strenuously objects and requests an 802 conference... 1237 01:17:11,907 --> 01:17:16,113 so that His Honor might have a chance to hear discussion before ruling. 1238 01:17:16,113 --> 01:17:19,679 The objection of the defense has been heard and overruled. 1239 01:17:19,679 --> 01:17:22,453 - Move to reconsider. - Your objection is noted. 1240 01:17:22,453 --> 01:17:26,428 The witness is an expert, and the court will hear his opinion! 1241 01:17:30,735 --> 01:17:35,570 Dr. Stone, in your expert, professional opinion... 1242 01:17:35,570 --> 01:17:38,371 was Willie Santiago poisoned? 1243 01:17:38,371 --> 01:17:39,371 Yes. 1244 01:17:40,479 --> 01:17:44,211 Thank you, sir. I have no more questions. 1245 01:17:44,211 --> 01:17:46,376 Commander, you may step down. 1246 01:17:50,924 --> 01:17:55,157 Please the court, while we reserve the right to call rebuttal witnesses... 1247 01:17:55,157 --> 01:17:56,992 the government rests. 1248 01:17:56,992 --> 01:18:00,660 We will stand in recess until 1000, Monday the 19th... 1249 01:18:00,660 --> 01:18:04,171 at which time, the defense will call its first witness. 1250 01:18:04,171 --> 01:18:06,173 All rise. 1251 01:18:15,284 --> 01:18:17,411 'I strenuously object'? 1252 01:18:17,411 --> 01:18:21,718 Is that how it works? 'Objection overruled.' 1253 01:18:21,718 --> 01:18:23,952 ' No, no. I strenuously object.' 1254 01:18:23,952 --> 01:18:27,485 'Oh, well, if you strenuously object, then I should take time to reconsider.' 1255 01:18:27,485 --> 01:18:29,156 I got it on the record. 1256 01:18:29,156 --> 01:18:31,429 You also got the court members thinking we're afraid of the doctor. 1257 01:18:31,429 --> 01:18:34,198 You object once, so they can hear us say he's not a criminologist. 1258 01:18:34,198 --> 01:18:37,901 You keep after it, and suddenly it looks like a bunch of fancy lawyer tricks. 1259 01:18:37,901 --> 01:18:41,069 It's the difference between paper law and trial law. 1260 01:18:41,069 --> 01:18:43,613 You even had the judge saying Stone was an expert! 1261 01:18:43,613 --> 01:18:46,549 She made a mistake. Let's not relive it. 1262 01:18:48,288 --> 01:18:51,848 I am gonna go call my wife. I will see you tonight. 1263 01:18:53,991 --> 01:18:56,393 Why do you hate them so much? 1264 01:18:56,393 --> 01:18:58,930 They beat up on a weakling. That's all they did. 1265 01:18:58,930 --> 01:19:02,024 The rest of this is just smoke-filled coffeehouse crap. 1266 01:19:02,024 --> 01:19:05,229 They tortured and tormented a weaker kid! 1267 01:19:05,229 --> 01:19:07,330 They didn't like him, so they killed him. 1268 01:19:07,330 --> 01:19:10,309 And why? Because he couldn't run very fast! 1269 01:19:10,309 --> 01:19:14,040 All right. Everybody take the night off. 1270 01:19:14,040 --> 01:19:16,048 - I am sorry. - I know. 1271 01:19:16,048 --> 01:19:18,880 We have been working 20 hours a day for three and half weeks straight. 1272 01:19:18,880 --> 01:19:22,320 Just take the night off. Go see your wife, your daughter. 1273 01:19:22,320 --> 01:19:24,550 Jo, go do... 1274 01:19:25,895 --> 01:19:29,421 whatever it is you do when you're not here. 1275 01:19:29,421 --> 01:19:32,193 - What day is tomorrow? - Saturday. 1276 01:19:32,193 --> 01:19:34,201 We start at 10:00. 1277 01:19:38,207 --> 01:19:40,538 Why do you like them so much? 1278 01:19:44,780 --> 01:19:46,976 because they stand on a wall.... 1279 01:19:46,976 --> 01:19:51,282 and they say, ' Nothing's gonna hurt you tonight, not on my watch.' 1280 01:19:55,892 --> 01:19:59,226 Don't worry about the doctor. This trial starts Monday. 1281 01:20:04,235 --> 01:20:08,434 1 and 2 with two out. And a line drive to left center. 1282 01:20:08,434 --> 01:20:11,737 Kirby racing. He won�t get there. 1283 01:20:11,737 --> 01:20:14,938 And rounding third is Cal Ripken... 1284 01:20:14,938 --> 01:20:18,177 and the Twins' streak is over. 1285 01:20:21,387 --> 01:20:25,154 One strike away, and Andy Milligan feels right now like Hulk Hogan. 1286 01:20:28,295 --> 01:20:31,422 I am sorry to bother you. I should have called first. 1287 01:20:31,422 --> 01:20:35,868 No, I was just watching a ball game. Come on in. 1288 01:20:50,787 --> 01:20:56,247 I was wondering if-- How you�d feel about my taking you to dinner tonight? 1289 01:20:56,247 --> 01:20:59,317 - Are you asking me out on a date? - No. 1290 01:20:59,317 --> 01:21:01,420 Sounded like you were asking me on a date. 1291 01:21:01,420 --> 01:21:04,523 I have been asked out on dates before, and that's what it sounded like. 1292 01:21:05,803 --> 01:21:07,964 Do you like seafood? I know a good seafood place. 1293 01:21:16,814 --> 01:21:18,873 My third case was a drunk and disorderly. 1294 01:21:18,873 --> 01:21:22,817 It lasted nine weeks. I rounded up 31 people from the bar that night. 1295 01:21:22,817 --> 01:21:26,323 Nine weeks on a D and D? What was the prosecutor offering? 1296 01:21:26,323 --> 01:21:28,325 Fifteen days. 1297 01:21:31,130 --> 01:21:32,791 You sure hustled the shit out of him. 1298 01:21:32,791 --> 01:21:35,231 Well, after that they moved me to Internal Affairs. 1299 01:21:35,231 --> 01:21:37,292 - Tough to blame them. - Where I have earned... 1300 01:21:37,292 --> 01:21:41,066 two meritorious service medals and two letters of commendation. 1301 01:21:41,066 --> 01:21:44,167 Why are you always giving me your resume? 1302 01:21:48,048 --> 01:21:49,982 Because I want you to think I am a good lawyer. 1303 01:21:49,982 --> 01:21:52,075 I do. 1304 01:21:52,075 --> 01:21:54,348 No, you don't. 1305 01:21:57,791 --> 01:22:00,055 I think you�re an exceptional lawyer. 1306 01:22:00,862 --> 01:22:05,493 I watch the court members. They respond to you. They like you. 1307 01:22:05,493 --> 01:22:08,194 I see you convincing them, and I think Dawson and Downey... 1308 01:22:08,194 --> 01:22:10,932 are gonna end up owing their lives to you. 1309 01:22:14,576 --> 01:22:16,511 Jo, I think-- 1310 01:22:18,213 --> 01:22:21,875 I think you should prepare yourself for the fact that we're gonna lose. 1311 01:22:21,875 --> 01:22:25,319 Ross's opening statement-- it was all true. 1312 01:22:25,319 --> 01:22:28,153 Let's pretend for a minute that it would actually matter... 1313 01:22:28,153 --> 01:22:30,317 that the guys were given an order. 1314 01:22:30,317 --> 01:22:33,022 I can't prove it ever happened. 1315 01:22:33,022 --> 01:22:35,588 We will keep doing what we're doing and we will put on a show... 1316 01:22:35,588 --> 01:22:41,070 but all we have is the testimony of two people accused of murder. 1317 01:22:42,274 --> 01:22:44,139 We will find Markinson. 1318 01:22:44,139 --> 01:22:48,703 Jo, we're gonna lose, and we're gonna lose huge. 1319 01:22:51,917 --> 01:22:55,217 Corporal Jeffrey Owen Barnes, Marine Barracks Windward... 1320 01:22:55,217 --> 01:22:57,313 Guantanamo Bay, Cuba. 1321 01:22:57,313 --> 01:23:01,725 Corporal Barnes, name some reasons why a Marine would receive a Code Red. 1322 01:23:01,725 --> 01:23:05,196 Being late for platoon or company meetings. 1323 01:23:05,196 --> 01:23:09,166 Keeping his barracks in disorder. Falling back on a run. 1324 01:23:09,166 --> 01:23:11,728 - Have you ever received a Code Red? - Yes, sir. 1325 01:23:11,728 --> 01:23:15,365 We were doing seven-man assault drills, and my weapon slipped. 1326 01:23:15,365 --> 01:23:18,742 It was because it was over 100 degrees, and my palms were sweaty... 1327 01:23:18,742 --> 01:23:22,477 and I'd forgotten to use the resin like we were taught. 1328 01:23:22,477 --> 01:23:24,074 What happened? 1329 01:23:24,074 --> 01:23:27,213 That night, the guys in my squad threw a blanket over me... 1330 01:23:27,213 --> 01:23:30,122 took turns punching me in the arm for five minutes... 1331 01:23:30,122 --> 01:23:32,785 then they poured glue on my hands. 1332 01:23:32,785 --> 01:23:36,559 And it worked too, because I ain't never dropped my weapon since. 1333 01:23:38,033 --> 01:23:41,093 Was Private Santiago ever late for platoon meetings? 1334 01:23:41,093 --> 01:23:42,331 Yes, sir. 1335 01:23:42,331 --> 01:23:44,771 - Was his barracks ever in disorder? - Yes, sir. 1336 01:23:44,771 --> 01:23:47,173 - Did he ever fall back on a run? - All the time, sir. 1337 01:23:47,173 --> 01:23:52,614 Did he ever, prior to the night of September 6, receive a Code Red? 1338 01:23:52,614 --> 01:23:54,172 No, sir. 1339 01:23:54,172 --> 01:23:56,310 - Never? - No, sir. 1340 01:23:57,990 --> 01:24:00,355 You got a Code Red because your palms were sweaty. 1341 01:24:00,355 --> 01:24:04,486 Why didn't Santiago, this burden to his unit, ever get one? 1342 01:24:05,964 --> 01:24:07,989 Dawson wouldn't allow it, sir. 1343 01:24:09,101 --> 01:24:11,160 Dawson wouldn't allow it. 1344 01:24:11,160 --> 01:24:14,831 The guys talked tough about Santiago, but they wouldn�t go near him. 1345 01:24:14,831 --> 01:24:16,841 They were too afraid of Dawson. 1346 01:24:16,841 --> 01:24:19,377 Object. The witness is speculating. 1347 01:24:19,377 --> 01:24:23,108 I will rephrase. Jeffrey, did you ever want to give Santiago a Code Red? 1348 01:24:23,108 --> 01:24:25,150 - Yes, sir. - Why didn�t you? 1349 01:24:25,150 --> 01:24:28,016 because Dawson would kick my butt, sir. 1350 01:24:28,016 --> 01:24:32,023 Good enough. Captain Ross is gonna ask you some questions now. 1351 01:24:33,393 --> 01:24:35,328 Corporal Barnes... 1352 01:24:36,797 --> 01:24:39,289 I hold here the Marine Outline for Recruit Training. 1353 01:24:39,289 --> 01:24:41,129 - Are you familiar with this book? - Yes, sir. 1354 01:24:41,129 --> 01:24:42,862 - Have you read it? - Yes, sir. 1355 01:24:42,862 --> 01:24:46,238 Would you turn to the chapter that deals with Code Reds, please? 1356 01:24:48,810 --> 01:24:52,372 Just flip to the page of the book that discusses Code Reds. 1357 01:24:54,649 --> 01:24:58,108 Well, you see, sir, Code Red is a term that we use. 1358 01:24:58,108 --> 01:24:59,883 Just down in Gitmo-- 1359 01:24:59,883 --> 01:25:02,049 Oh, we're in luck, then. 1360 01:25:05,361 --> 01:25:09,798 Standard Operating Procedure, Rifle Security Company, Guantanamo Bay, Cuba. 1361 01:25:09,798 --> 01:25:13,859 I assume we will find the term Code Red and its definition in that book. 1362 01:25:13,859 --> 01:25:15,803 No, sir. 1363 01:25:15,803 --> 01:25:17,670 Corporal Barnes, I am a Marine. 1364 01:25:17,670 --> 01:25:21,872 Is there no book, no manual or pamphlet, no set of orders or regulations... 1365 01:25:21,872 --> 01:25:26,475 that lets me know that as a Marine one of my duties is to perform Code Reds? 1366 01:25:26,475 --> 01:25:29,987 No, sir. No book, sir. 1367 01:25:29,987 --> 01:25:31,989 No further questions. 1368 01:25:34,058 --> 01:25:36,619 Corporal, would you turn to the page in this book.... 1369 01:25:36,619 --> 01:25:39,097 that says where the mess hall is, please? 1370 01:25:39,097 --> 01:25:42,259 Lieutenant Kaffee, that's not in the book, sir. 1371 01:25:43,803 --> 01:25:46,739 You mean to say in all your time at Gitmo you have never had a meal? 1372 01:25:46,739 --> 01:25:49,969 No, sir. Three squares a day, sir. 1373 01:25:50,777 --> 01:25:52,369 I don't understand. 1374 01:25:52,369 --> 01:25:55,506 How did you know where the mess hall was if it�s not in this book? 1375 01:25:58,120 --> 01:26:01,282 Well, I guess I just followed the crowd at chow time, sir. 1376 01:26:02,257 --> 01:26:04,452 No more questions. 1377 01:26:04,452 --> 01:26:08,188 - Corporal Barnes, you may step down. - Thank you, sir. 1378 01:26:13,802 --> 01:26:16,293 7:00 tonight we will do a final Kendrick review. 1379 01:26:16,293 --> 01:26:19,273 I want to slam-dunk this guy. 1380 01:26:30,720 --> 01:26:32,278 Hey, Luther. 1381 01:26:32,278 --> 01:26:34,848 Admiral, how's the big case going? 1382 01:26:34,848 --> 01:26:36,894 Nose to the grindstone. 1383 01:26:36,894 --> 01:26:40,123 - No flies on you. - A rolling stone gathers no moss. 1384 01:26:40,123 --> 01:26:42,723 Well, it ain't over till the fat lady sings. 1385 01:26:42,723 --> 01:26:45,166 You can say that again. 1386 01:26:45,166 --> 01:26:48,536 - It ain't over till the fat lady sings. - Till the fat lady sings. 1387 01:26:49,641 --> 01:26:51,575 Walked into that one. 1388 01:27:03,123 --> 01:27:05,854 Oh, Jesus Christ! 1389 01:27:05,854 --> 01:27:08,587 You left the door unlocked. 1390 01:27:08,587 --> 01:27:11,723 - You scared the shit out of me. -Just keep driving. 1391 01:27:11,723 --> 01:27:13,733 Are you aware you're under subpoena? 1392 01:27:13,733 --> 01:27:17,600 Yes. I am also aware that the lives of two Marines are in your hands. 1393 01:27:17,600 --> 01:27:19,834 If there was something I could do about that, I would. 1394 01:27:19,834 --> 01:27:22,307 But since I can't, all I can do is help you. 1395 01:27:22,307 --> 01:27:24,708 - What do you know? - I know everything. 1396 01:27:24,708 --> 01:27:27,010 - Was it a Code Red? - Yes. 1397 01:27:27,010 --> 01:27:29,209 - Did Kendrick give the order? - Yes. 1398 01:27:29,209 --> 01:27:32,218 - Did you witness it? - I didn't need to. 1399 01:27:32,218 --> 01:27:34,916 Then how do you know? You know shit. 1400 01:27:34,916 --> 01:27:37,356 He was never gonna be transferred off that base. 1401 01:27:43,299 --> 01:27:46,598 Jessup was gonna keep him on the base. He said he wanted him trained. 1402 01:27:46,598 --> 01:27:49,262 - The transfer order has your signature. - Yeah, I know. 1403 01:27:49,262 --> 01:27:53,300 I signed it the morning you arrived in Cuba, five days after Santiago died. 1404 01:27:56,981 --> 01:27:59,746 I am gonna get you a deal, some kind of immunity with the prosecutor. 1405 01:27:59,746 --> 01:28:04,312 In about four days, you will appear as a witness and tell what you know. 1406 01:28:04,312 --> 01:28:08,017 I am gonna check you into a motel. We are gonna start from the beginning. 1407 01:28:08,017 --> 01:28:12,257 I don't want a deal, and I don't want immunity. 1408 01:28:12,257 --> 01:28:17,564 I want you to know that I am proud neither of what I have done or am doing. 1409 01:28:19,906 --> 01:28:21,875 - Where is he? - The Downtown Lodge in Northeast. 1410 01:28:21,875 --> 01:28:24,068 - I want him guarded. - That's a good idea. 1411 01:28:24,068 --> 01:28:26,839 - My clearance code is 411527273. - Clearance code? 1412 01:28:26,839 --> 01:28:29,576 - Thank you. - Do you have a clearance code? 1413 01:28:29,576 --> 01:28:31,778 This is Jo Galloway. I need to secure a witness. 1414 01:28:31,778 --> 01:28:34,821 Anyway, he also said that Jessup�s lying about the transportation off the base. 1415 01:28:34,821 --> 01:28:37,687 Jessup said that 6:00 the next morning was the first flight leaving. 1416 01:28:37,687 --> 01:28:41,250 Markinson says there was a plane that left seven hours earlier. 1417 01:28:41,250 --> 01:28:44,355 That was impressive. Did you hear what I said about the flight? 1418 01:28:44,355 --> 01:28:47,697 Sam, when a flight takes off, there's a record kept, right? 1419 01:28:47,697 --> 01:28:49,963 Yeah, you need the tower chief�s log from Gitmo. 1420 01:28:49,963 --> 01:28:53,168 - Get it. - We're gonna win. 1421 01:28:53,168 --> 01:28:55,609 We don't know who Markinson is. We don't know what the logbook will say. 1422 01:28:55,609 --> 01:28:58,704 You just concentrate on Downey. I am gonna tell Ross where we are. 1423 01:29:05,821 --> 01:29:09,258 Nice work today. Redirect on Barnes. 1424 01:29:09,258 --> 01:29:13,457 - I have Markinson. - Where is he? 1425 01:29:13,457 --> 01:29:17,866 Motel room in Northeast with six Federal Marshalls outside his door. 1426 01:29:17,866 --> 01:29:20,096 The transfer that Markinson signed is phony. 1427 01:29:20,096 --> 01:29:23,004 Jessup's statement that the 6:00 a.m. flight was the first available is a lie. 1428 01:29:23,004 --> 01:29:25,509 We're checking the tower chief�s log. I'd like a beer, please. 1429 01:29:25,509 --> 01:29:30,014 In the meantime, I am gonna put Kendrick on the stand and have some fun. 1430 01:29:30,014 --> 01:29:32,847 All right, I have an obligation to tell you... 1431 01:29:32,847 --> 01:29:36,013 that if you accuse Kendrick or Jessup of any crime without proper evidence... 1432 01:29:36,013 --> 01:29:38,852 you will be subject to a court-martial for professional misconduct. 1433 01:29:38,852 --> 01:29:43,419 That's something that will be stapled to every job application you ever fill out. 1434 01:29:45,098 --> 01:29:48,660 Markinson's not gonna hold up, Danny. He's a crazy man. 1435 01:29:48,660 --> 01:29:52,365 I am not saying this to intimidate you. I am being your lawyer here. 1436 01:29:52,365 --> 01:29:56,536 Thanks, Jack. And I think the fucking bunch of you are certifiably insane. 1437 01:29:56,536 --> 01:29:58,942 Your code of honor makes me want to beat the shit out of somebody. 1438 01:29:58,942 --> 01:30:02,882 Don't lump me in with them just because we wear the same uniform. 1439 01:30:02,882 --> 01:30:06,010 I am your friend, and I don't think your clients belong in jail... 1440 01:30:06,010 --> 01:30:08,021 but I don't get to make that decision. 1441 01:30:08,021 --> 01:30:12,493 I represent the United States government without passion or prejudice. 1442 01:30:12,493 --> 01:30:15,893 - My client has a case. - Here you go. 1443 01:30:19,736 --> 01:30:22,533 I want you to acknowledge that the judge advocate has made you aware... 1444 01:30:22,533 --> 01:30:25,472 of the possible consequences involved in accusing a Marine officer... 1445 01:30:25,472 --> 01:30:27,635 of a felony without proper evidence. 1446 01:30:27,635 --> 01:30:30,373 I have been so advised. 1447 01:30:34,584 --> 01:30:37,382 You got bullied into that courtroom, Danny. 1448 01:30:37,382 --> 01:30:41,323 By everyone. By Dawson, by Galloway. 1449 01:30:41,323 --> 01:30:43,952 Shit, I practically dared you. 1450 01:30:45,129 --> 01:30:48,656 You got bullied into that courtroom by the memory of a dead lawyer. 1451 01:30:54,773 --> 01:30:57,902 You're a lousy fucking softball player, Jack! 1452 01:31:01,280 --> 01:31:05,445 Your boys are going down, Danny. I can't stop it anymore. 1453 01:31:10,758 --> 01:31:14,091 Lieutenant Kendrick, in your opinion, was Private Santiago a good Marine? 1454 01:31:14,091 --> 01:31:16,254 I'd say he was about average. 1455 01:31:16,254 --> 01:31:19,731 You signed three proficiency and conduct reports on Santiago. 1456 01:31:19,731 --> 01:31:23,463 On all three reports, you indicate a rating of below average. 1457 01:31:26,842 --> 01:31:30,778 Yes, Private Santiago was below average. 1458 01:31:30,778 --> 01:31:34,613 I did not see the need to trample on a man's grave. 1459 01:31:34,613 --> 01:31:36,845 We appreciate that, but you�re under oath now. 1460 01:31:36,845 --> 01:31:39,547 Unpleasant as it may be, we'd all just as soon hear the truth. 1461 01:31:39,547 --> 01:31:41,486 I am aware of my oath. 1462 01:31:41,486 --> 01:31:46,519 These are the last three pro-con reports you signed for Lance Corporal Dawson. 1463 01:31:46,519 --> 01:31:48,530 Dawson received two marks of exceptional... 1464 01:31:48,530 --> 01:31:52,969 but on this most recent report of June 9 he received a rating of below average. 1465 01:31:52,969 --> 01:31:57,029 - I'd like to discuss this last report. - That would be fine. 1466 01:31:57,029 --> 01:32:00,771 Lance Corporal Dawson's ranking after the school of infantry was perfect. 1467 01:32:00,771 --> 01:32:03,779 Over half that class has since been promoted to full corporal... 1468 01:32:03,779 --> 01:32:06,146 while Dawson has remained a lance corporal. 1469 01:32:06,146 --> 01:32:09,209 Was Dawson's promotion held up because of this last report? 1470 01:32:09,209 --> 01:32:11,222 I am sure it was. 1471 01:32:11,222 --> 01:32:14,282 Do you recall why Dawson was given such a poor grade on this report? 1472 01:32:14,282 --> 01:32:15,657 I am sure I don't. 1473 01:32:15,657 --> 01:32:19,562 I have many men in my charge. I write many reports. 1474 01:32:19,562 --> 01:32:25,401 Lieutenant, do you recall an incident involving a P.F.C. Curtis Bell... 1475 01:32:25,401 --> 01:32:28,202 who'd been found stealing liquor from the Officers' Club? 1476 01:32:28,202 --> 01:32:30,175 Yes, I do. 1477 01:32:30,175 --> 01:32:32,678 Did you report Private Bell to proper authorities? 1478 01:32:34,582 --> 01:32:36,743 I have two books at my bedside-- 1479 01:32:36,743 --> 01:32:39,810 The Marine Corps Code of Conduct and The King James Bible. 1480 01:32:39,810 --> 01:32:42,480 The only proper authorities I am aware of are my commanding officer... 1481 01:32:42,480 --> 01:32:45,220 Colonel Nathan R. Jessup and the Lord our God. 1482 01:32:46,830 --> 01:32:49,390 At your request, Lieutenant Kendrick, I can have the record reflect... 1483 01:32:49,390 --> 01:32:52,126 your lack of acknowledgement of this court as a proper authority. 1484 01:32:52,126 --> 01:32:55,035 - Objection. Argumentative. - Sustained. 1485 01:32:55,035 --> 01:32:57,196 Watch yourself, counselor. 1486 01:32:57,196 --> 01:32:59,968 Did you report Private Bell to your superiors? 1487 01:32:59,968 --> 01:33:02,807 I remember thinking very highly of Private Bell-- 1488 01:33:02,807 --> 01:33:06,043 not wanting to see his record tarnished by a formal charge. 1489 01:33:07,218 --> 01:33:10,085 You preferred it be handled within the unit? 1490 01:33:11,822 --> 01:33:13,756 Yes, I most certainly did. 1491 01:33:14,991 --> 01:33:18,223 - Do you know what a Code Red is? - Yes, I do. 1492 01:33:18,223 --> 01:33:21,493 - Have you ever ordered a Code Red? - No, I have not. 1493 01:33:21,493 --> 01:33:24,661 Did you order Dawson and two other men to make sure that Private Bell... 1494 01:33:24,661 --> 01:33:30,174 received no food or drink, except water, for a period of seven days? 1495 01:33:30,174 --> 01:33:32,541 That is a distortion of the truth, Lieutenant. 1496 01:33:32,541 --> 01:33:34,875 Private Bell was placed on barracks restriction. 1497 01:33:34,875 --> 01:33:38,041 He was given water and vitamin supplements, and I can assure you... 1498 01:33:38,041 --> 01:33:42,076 at no time was his health in danger. 1499 01:33:42,076 --> 01:33:44,885 I am sure it was lovely for Private Bell. 1500 01:33:44,885 --> 01:33:47,621 But you did order the barracks restriction, didn�t you? 1501 01:33:47,621 --> 01:33:51,858 - You did order the denial of food? - Yes, I did. 1502 01:33:51,858 --> 01:33:55,733 Wouldn't this form of discipline be considered a Code Red? 1503 01:33:58,540 --> 01:34:02,408 If called the other 478 Marines at Guantanamo Bay to testify... 1504 01:34:02,408 --> 01:34:04,571 would they consider it a Code Red? 1505 01:34:04,571 --> 01:34:08,605 The witness can't possibly testify as to what 478 other men would say. 1506 01:34:08,605 --> 01:34:12,552 We object to this entire line of questioning. It's argumentative... 1507 01:34:12,552 --> 01:34:14,986 and irrelevant badgering of the witness. 1508 01:34:14,986 --> 01:34:17,685 The government's objection is sustained, Lieutenant Kaffee... 1509 01:34:17,685 --> 01:34:20,889 and I would remind you that you�re now questioning a Marine officer... 1510 01:34:20,889 --> 01:34:23,091 with an impeccable service record. 1511 01:34:23,091 --> 01:34:24,725 Thank you, Your Honor. 1512 01:34:25,801 --> 01:34:29,602 Lieutenant, was Dawson given a rating of below average on this last report... 1513 01:34:29,602 --> 01:34:32,541 because you learned he'd been sneaking food to Private Bell? 1514 01:34:32,541 --> 01:34:35,875 - Object! - Not so fast. Lieutenant? 1515 01:34:37,548 --> 01:34:41,212 Lance Corporal Dawson was given a below average rating... 1516 01:34:42,187 --> 01:34:44,655 because he had committed a crime. 1517 01:34:44,655 --> 01:34:47,987 A crime? What crime did he commit? 1518 01:34:51,897 --> 01:34:57,666 Dawson brought a hungry guy some food. What crime did he commit? 1519 01:34:59,673 --> 01:35:01,230 He disobeyed an order. 1520 01:35:01,230 --> 01:35:03,798 And because he exercised his own set of values... 1521 01:35:03,798 --> 01:35:06,869 because he made a decision about the welfare of a Marine... 1522 01:35:06,869 --> 01:35:10,575 that was in conflict with your order, he was punished, is that right? 1523 01:35:10,575 --> 01:35:14,178 Lance Corporal Dawson disobeyed an order. 1524 01:35:14,178 --> 01:35:16,779 Yeah, but it wasn't a real order, was it? 1525 01:35:16,779 --> 01:35:19,053 After all, it's peacetime. 1526 01:35:19,053 --> 01:35:22,392 He wasn't being asked to secure a hill or advance on a beachhead. 1527 01:35:22,392 --> 01:35:26,901 I mean, surely a Marine of Dawson's intelligence... 1528 01:35:26,901 --> 01:35:30,062 can be trusted to determine on his own which are the important orders... 1529 01:35:30,062 --> 01:35:34,041 and which orders might, say, be morally questionable? 1530 01:35:37,279 --> 01:35:39,077 Can he? 1531 01:35:39,077 --> 01:35:42,812 Can Dawson determine on his own which orders he's going to follow? 1532 01:35:42,812 --> 01:35:44,582 No, he cannot. 1533 01:35:44,582 --> 01:35:47,385 A lesson he learned after the Curtis Bell incident, right? 1534 01:35:47,385 --> 01:35:50,323 - I would think so. - You know so, don�t you? 1535 01:35:50,323 --> 01:35:52,090 - Object! - Sustained. 1536 01:35:54,131 --> 01:35:57,065 Lieutenant Kendrick, one final question. 1537 01:35:58,369 --> 01:36:01,668 If you had ordered Dawson to give Santiago a Code Red-- 1538 01:36:01,668 --> 01:36:05,971 - I specifically ordered those men-- - Would he disobey you again? 1539 01:36:05,971 --> 01:36:10,106 - Lieutenant, don't answer that! - You don't have to. I am through. 1540 01:36:10,106 --> 01:36:13,811 Lieutenant Kendrick, did you order Lance Corporal Dawson... 1541 01:36:13,811 --> 01:36:17,846 and Private Downey to give Willie Santiago a Code Red? 1542 01:36:21,061 --> 01:36:24,030 - No, I did not. - Thank you. 1543 01:36:28,000 --> 01:36:30,162 What's the word? 1544 01:36:30,162 --> 01:36:34,502 I got the tower chief�s log from that night. Jessup�s telling the truth. 1545 01:36:34,502 --> 01:36:38,809 - 6:00 a.m. flight was the first plane. - Let me see this. 1546 01:36:48,991 --> 01:36:51,857 - Working late tonight? - Oh, yeah. 1547 01:36:56,232 --> 01:36:59,929 There wasn't a flight at 11 o' clock. What the fuck are you trying to pull? 1548 01:36:59,929 --> 01:37:03,234 The first flight stateside left Guantanamo Bay at 2300. 1549 01:37:03,234 --> 01:37:07,242 It arrived at Andrews Air Force Base at a few minutes past 2:00. 1550 01:37:07,242 --> 01:37:10,508 Really? Then why isn't it listed in the tower chief�s log? 1551 01:37:12,616 --> 01:37:13,912 Jessup. 1552 01:37:13,912 --> 01:37:16,419 What are you telling me? He fixed the logbook? 1553 01:37:18,457 --> 01:37:22,483 Maybe he can make it so a plane didn't take off, but I can prove one landed. 1554 01:37:22,483 --> 01:37:24,652 I will get the logbook from Andrews. 1555 01:37:24,652 --> 01:37:27,698 You're not gonna find anything in the Andrews logbook, either. 1556 01:37:27,698 --> 01:37:29,700 He can make an entire flight disappear? 1557 01:37:29,700 --> 01:37:34,263 Jessup is about to be appointed director of operations for the Security Council. 1558 01:37:34,263 --> 01:37:38,333 You don't get to that position without knowing how to sidestep some land mines. 1559 01:37:38,333 --> 01:37:41,278 He's not gonna be able to sidestep you. 1560 01:37:41,278 --> 01:37:43,748 You don't still intend to put me on the stand? 1561 01:37:43,748 --> 01:37:46,751 Thursday morning, 10:00. 1562 01:37:51,191 --> 01:37:55,025 There's gotta be someone who can testify to the flight. 1563 01:37:55,025 --> 01:37:58,328 This isn't TWA. There isn't a regular flight schedule. 1564 01:37:58,328 --> 01:38:01,197 Do you have any idea how many planes take off and land every day? 1565 01:38:01,197 --> 01:38:04,706 A ground crew kid won't remember a flight that landed four weeks ago. 1566 01:38:04,706 --> 01:38:07,935 - How do you know if you don't check? - Forget the flight! 1567 01:38:07,935 --> 01:38:11,810 Markinson will testify that Jessup refused to transfer Santiago. 1568 01:38:11,810 --> 01:38:14,440 He will testify to the forged transfer, and that will be enough. 1569 01:38:14,440 --> 01:38:17,042 That and Downey's testimony really ought to be enough. 1570 01:38:22,559 --> 01:38:26,518 Why did you go into Santiago's room on the night of the 6th? 1571 01:38:26,518 --> 01:38:29,828 To give Private Santiago a Code Red, ma'am. 1572 01:38:29,828 --> 01:38:32,095 Why did you give him a Code Red? 1573 01:38:32,095 --> 01:38:35,605 I was ordered to give him a Code Red by the platoon commander... 1574 01:38:35,605 --> 01:38:39,906 of Rifle Security Company Windward, Lieutenant Jonathan James Kendrick. 1575 01:38:41,111 --> 01:38:43,513 You're gonna do fine. 1576 01:38:45,116 --> 01:38:47,607 You think they will let us go back to our platoon soon, ma'am? 1577 01:38:49,053 --> 01:38:50,954 Absolutely. 1578 01:38:54,161 --> 01:38:56,594 Do you remember the order of questions? Are you sure? 1579 01:38:56,594 --> 01:38:59,597 And we will use small words, because he gets rattled if he doesn't understand. 1580 01:38:59,597 --> 01:39:02,567 - I am just saying go slow. - I am gonna go slow. 1581 01:39:02,567 --> 01:39:05,570 And get him off as fast as you can. 1582 01:39:05,570 --> 01:39:08,574 What? It's gonna be fine. 1583 01:39:11,010 --> 01:39:12,979 Dear Mr. and Mrs. Santiago... 1584 01:39:14,315 --> 01:39:16,783 I was William's executive officer. 1585 01:39:16,783 --> 01:39:20,343 I knew your son vaguely, which is to say I knew his name. 1586 01:39:21,421 --> 01:39:23,414 In a matter of time, the trial of the two men... 1587 01:39:23,414 --> 01:39:26,187 charged with your son's death will be concluded... 1588 01:39:26,187 --> 01:39:28,525 and seven men and two women whom you have never met... 1589 01:39:28,525 --> 01:39:32,591 will try to offer you an explanation as to why William is dead. 1590 01:39:32,591 --> 01:39:36,298 For my part, I have done as much as I can to bring the truth to light. 1591 01:39:37,172 --> 01:39:38,697 And the truth is this-- 1592 01:39:38,697 --> 01:39:41,334 Your son is dead for only one reason-- 1593 01:39:41,334 --> 01:39:44,345 I wasn't strong enough to stop it. 1594 01:39:44,345 --> 01:39:48,817 Always, Lieutenant Colonel Matthew Andrew Markinson... 1595 01:39:48,817 --> 01:39:50,375 United States Marine Corps. 1596 01:39:55,526 --> 01:39:59,052 Private, I want you to tell us one last time. 1597 01:39:59,052 --> 01:40:04,966 Why did you go to Private Santiago's room on the night of September 6? 1598 01:40:04,966 --> 01:40:07,436 A Code Red was ordered by my platoon commander... 1599 01:40:07,436 --> 01:40:09,838 Lieutenant Jonathan James Kendrick. 1600 01:40:10,410 --> 01:40:12,173 Thank you. 1601 01:40:12,173 --> 01:40:13,837 Your witness. 1602 01:40:18,384 --> 01:40:20,579 Private, the week of 2 September... 1603 01:40:20,579 --> 01:40:24,145 the switch log has you down at Post 39 until 1600. 1604 01:40:24,145 --> 01:40:25,417 Is that correct? 1605 01:40:25,417 --> 01:40:28,426 I am sure it is, sir. They keep that log pretty good. 1606 01:40:28,426 --> 01:40:32,091 How far is it from Post 39 to the Windward Barracks? 1607 01:40:32,091 --> 01:40:35,625 Well, it's a ways, sir. It's a hike. 1608 01:40:35,625 --> 01:40:38,536 About how far by Jeep? 1609 01:40:38,536 --> 01:40:41,973 About ten or fifteen minutes, sir. 1610 01:40:41,973 --> 01:40:43,942 You ever had to walk it? 1611 01:40:43,942 --> 01:40:47,846 Yes, sir. That day, Friday. The pickup private-- 1612 01:40:47,846 --> 01:40:50,977 That's what we call the guy who drops us off and picks us up... 1613 01:40:50,977 --> 01:40:54,250 also because he can get girls in New York City. 1614 01:40:55,292 --> 01:40:57,452 The pickup private got a flat, sir, right at 39. 1615 01:40:57,452 --> 01:41:00,358 He pulled up and, bam, blowout with no spare. 1616 01:41:00,358 --> 01:41:02,488 So we had to double-time it back to the barracks. 1617 01:41:02,488 --> 01:41:06,262 And if it�s about ten or fifteen minutes by Jeep, I am guessing... 1618 01:41:06,262 --> 01:41:09,395 it must be a good hour by foot, am I right? 1619 01:41:09,395 --> 01:41:12,567 Pickup and me did it in 45 flat, sir. 1620 01:41:12,567 --> 01:41:14,076 Not bad. 1621 01:41:15,512 --> 01:41:18,949 You have said that your assault on Private Santiago... 1622 01:41:18,949 --> 01:41:22,281 was a result of a order that Lieutenant Kendrick gave you... 1623 01:41:22,281 --> 01:41:25,914 in your barracks room at 1620, am I right? 1624 01:41:27,058 --> 01:41:28,651 Yes, sir. 1625 01:41:28,651 --> 01:41:32,527 But you just said that you didn't make it back to the barracks until 1645. 1626 01:41:35,100 --> 01:41:39,231 Well, if you didn't make it back to the barracks until 1645... 1627 01:41:39,231 --> 01:41:41,499 how could you be in your room at 1620? 1628 01:41:42,542 --> 01:41:45,340 Well, you see, sir, there was a blowout-- 1629 01:41:45,340 --> 01:41:49,315 Did you ever actually hear Lieutenant Kendrick order a Code Red? 1630 01:41:49,315 --> 01:41:51,113 Well, Hal said that-- 1631 01:41:51,113 --> 01:41:53,709 Private, did you ever actually hear... 1632 01:41:53,709 --> 01:41:56,518 Lieutenant Kendrick order a Code Red? 1633 01:41:58,292 --> 01:42:01,625 I'd like to request a recess in order to confer with my client. 1634 01:42:01,625 --> 01:42:04,027 - Why did you go into Santiago's room? - The witness has rights! 1635 01:42:04,027 --> 01:42:07,365 - The witness has been read his rights. - The question will be repeated. 1636 01:42:07,365 --> 01:42:09,370 Why did you go into Santiago's room? 1637 01:42:09,370 --> 01:42:12,875 Did Lance Corporal Dawson tell you to give Santiago a Code Red? 1638 01:42:12,875 --> 01:42:14,705 - Don't look at him! - Hal! 1639 01:42:14,705 --> 01:42:16,711 Answer the captain's question! 1640 01:42:20,015 --> 01:42:22,348 Yes, Captain, I was given an order by my squad leader... 1641 01:42:22,348 --> 01:42:25,751 Lance Corporal Harold W. Dawson, United States Marine Corps... 1642 01:42:25,751 --> 01:42:27,085 and I followed it. 1643 01:42:48,514 --> 01:42:50,174 Where do you think he is? 1644 01:42:52,452 --> 01:42:55,215 As far as Downey was concerned, it was an order from Kendrick. 1645 01:42:55,215 --> 01:42:57,254 It doesn't matter that he didn't hear it firsthand. 1646 01:42:57,254 --> 01:43:00,383 He doesn't distinguish between the two. 1647 01:43:04,563 --> 01:43:06,862 Danny, I am sorry. 1648 01:43:07,768 --> 01:43:09,326 Don't worry about it. 1649 01:43:09,326 --> 01:43:11,962 Sam and I were just talking about how all we really have to do... 1650 01:43:11,962 --> 01:43:14,907 is call some witnesses who will talk about implied orders. 1651 01:43:14,907 --> 01:43:17,536 Maybe we can put Downey back on the stand before we get to Dawson. 1652 01:43:18,312 --> 01:43:22,943 If we work at it, we can get Dawson charged with the Kennedy assassination. 1653 01:43:26,255 --> 01:43:27,415 Are you drunk? 1654 01:43:28,290 --> 01:43:31,055 Pretty much. 1655 01:43:31,055 --> 01:43:32,305 Yeah. 1656 01:43:33,529 --> 01:43:37,090 I will put on a pot of coffee. We have got a long night's work ahead. 1657 01:43:38,234 --> 01:43:40,633 She's gonna make coffee. 1658 01:43:41,771 --> 01:43:43,738 That's nice. 1659 01:43:47,678 --> 01:43:50,511 Downey wasn�t in his room. 1660 01:43:50,511 --> 01:43:52,481 Wasn't even there. 1661 01:43:53,918 --> 01:43:57,116 That was an important piece of information, don�t you think? 1662 01:43:59,590 --> 01:44:03,892 Danny, it was a setback, and I am sorry. 1663 01:44:03,892 --> 01:44:06,658 But we fix it, and move on to Markinson. 1664 01:44:08,399 --> 01:44:10,129 Markinson's dead. 1665 01:44:16,007 --> 01:44:20,035 You really gotta hand it to those Federal Marshals, boy. 1666 01:44:20,035 --> 01:44:22,773 It's not like he hanged himself by his shoelaces... 1667 01:44:22,773 --> 01:44:25,478 or slashed his wrists with a concealed butter knife. 1668 01:44:25,478 --> 01:44:26,985 This guy... 1669 01:44:28,922 --> 01:44:32,585 got into full dress uniform, stood in the middle of that room... 1670 01:44:32,585 --> 01:44:35,823 drew a nickel-plated pistol from his holster... 1671 01:44:35,823 --> 01:44:38,296 and fired a bullet into his mouth. 1672 01:44:42,204 --> 01:44:46,072 Anyway, since we seem to be out of witnesses, I thought I'd drink a little. 1673 01:44:46,072 --> 01:44:48,336 I still think we can win. 1674 01:44:50,379 --> 01:44:52,006 Maybe you should drink a little. 1675 01:44:52,006 --> 01:44:57,075 We will go to Randolph in the morning and make a motion for a 24-hour continuance. 1676 01:44:57,075 --> 01:45:00,417 - Why would we want to do that? - To subpoena Colonel Jessup. 1677 01:45:01,590 --> 01:45:04,355 - What? - Listen for a second. Hear me out. 1678 01:45:04,355 --> 01:45:06,453 I won't listen, and I won't hear you out. 1679 01:45:06,453 --> 01:45:08,827 Your passion is compelling, Jo. It's also useless. 1680 01:45:08,827 --> 01:45:12,027 Louden Downey needed a trial lawyer today. 1681 01:45:15,038 --> 01:45:16,733 You're chicken shit. 1682 01:45:16,733 --> 01:45:19,538 You're gonna use what happened today as an excuse to give up. 1683 01:45:21,012 --> 01:45:22,605 It's over. 1684 01:45:22,605 --> 01:45:25,241 Why did you ask Jessup for the transfer order? 1685 01:45:25,241 --> 01:45:27,946 - In Cuba. Why? - What does it matter? 1686 01:45:27,946 --> 01:45:30,682 - I wanted the damn transfer order! - Bullshit. 1687 01:45:30,682 --> 01:45:34,248 You could have gotten it by calling any department at the Pentagon. 1688 01:45:34,248 --> 01:45:39,059 You didn't want the transfer order. You wanted to see Jessup�s reaction. 1689 01:45:39,059 --> 01:45:42,192 You had an instinct, and it was confirmed by Markinson. 1690 01:45:42,192 --> 01:45:45,204 Let's put Jessup on the stand and end this thing! 1691 01:45:45,204 --> 01:45:49,436 What possible good could come from putting Jessup on the stand? 1692 01:45:49,436 --> 01:45:51,637 He told Kendrick to order the Code Red. 1693 01:45:51,637 --> 01:45:55,772 He did? That's great! Why didn�t you say so? 1694 01:45:55,772 --> 01:45:58,114 And of course you have proof of that! 1695 01:45:58,114 --> 01:46:02,418 Oh, I am sorry. I forgot. You were sick the day they taught law at law school. 1696 01:46:02,418 --> 01:46:04,958 You put him on the stand, and you get it from him. 1697 01:46:04,958 --> 01:46:09,054 Oh, we get it from him! Yes! No problem! 1698 01:46:09,054 --> 01:46:12,964 Colonel Jessup, isn't it true that you ordered the Code Red on Santiago? 1699 01:46:12,964 --> 01:46:16,163 - Listen, we're all a little-- - I am sorry. Your time's run out. 1700 01:46:16,163 --> 01:46:19,332 What do we have for the losers? Well, for our defendants... 1701 01:46:19,332 --> 01:46:21,775 it's a lifetime at exotic Fort Leavenworth. 1702 01:46:21,775 --> 01:46:24,814 And for Defense Counsel Kaffee... 1703 01:46:24,814 --> 01:46:26,678 it's a court-martial! 1704 01:46:26,678 --> 01:46:29,913 Yes, Johnny, after falsely accusing... 1705 01:46:29,913 --> 01:46:32,319 a highly decorated Marine officer... 1706 01:46:32,319 --> 01:46:34,254 of conspiracy and perjury... 1707 01:46:34,254 --> 01:46:37,453 Lieutenant Kaffee will have a long and prosperous career... 1708 01:46:37,453 --> 01:46:42,761 teaching typewriter maintenance at the Rocco Clubo School for Women. 1709 01:46:42,761 --> 01:46:45,895 Thank you for playing 'Should we or should we not... 1710 01:46:45,895 --> 01:46:49,031 follow the advice of the galactically stupid?' 1711 01:47:10,898 --> 01:47:13,957 I am sorry I lost your set of steak knives. 1712 01:47:30,951 --> 01:47:32,887 Stop cleaning up. 1713 01:47:38,093 --> 01:47:40,029 Stop cleaning up. 1714 01:47:48,539 --> 01:47:51,474 - Want a drink? - Yeah. 1715 01:48:09,494 --> 01:48:12,726 - Is your father proud of you? - Don't do this to yourself. 1716 01:48:12,726 --> 01:48:14,526 I will bet he is. 1717 01:48:15,333 --> 01:48:18,668 I will bet he bores the shit out of the neighbors and relatives. 1718 01:48:18,668 --> 01:48:23,198 'Sam's made Law Review. He's got a big case he's making. 1719 01:48:23,198 --> 01:48:26,404 He's arguing. He's making an argument.' 1720 01:48:31,917 --> 01:48:36,152 I think my father would�ve enjoyed seeing me graduate from law school. 1721 01:48:39,661 --> 01:48:42,357 I think he would have liked that an awful lot. 1722 01:48:44,932 --> 01:48:47,901 Did I ever tell you I wrote a paper about your father in college? 1723 01:48:48,971 --> 01:48:50,404 Yeah? 1724 01:48:50,404 --> 01:48:53,066 One of the best trial lawyers ever. 1725 01:48:53,066 --> 01:48:56,475 Yes, he was. 1726 01:48:56,475 --> 01:48:58,844 If were Dawson and Downey and I had a choice... 1727 01:48:58,844 --> 01:49:01,884 between you or your father to represent me in this case... 1728 01:49:01,884 --> 01:49:04,944 I'd choose you any day of the week and twice on Sunday. 1729 01:49:04,944 --> 01:49:08,423 You should have seen yourself thunder away at Kendrick. 1730 01:49:11,528 --> 01:49:13,463 Would you put Jessup on the stand? 1731 01:49:17,201 --> 01:49:21,662 - Do you think my father would have? - With the evidence we got? 1732 01:49:21,662 --> 01:49:24,641 Not in a million years. 1733 01:49:24,641 --> 01:49:28,077 But here's the thing-- and there's really know way of getting around this-- 1734 01:49:28,077 --> 01:49:32,480 Neither Lyle Kaffee nor Sam Weinberg are lead counsel for the defense... 1735 01:49:32,480 --> 01:49:35,681 in the matter of U.S. Vs. Dawson and Downey. 1736 01:49:35,681 --> 01:49:39,691 So there's really only one question-- What would you do? 1737 01:49:51,738 --> 01:49:55,800 Jo, get in the car. Joanne, please get in the car. 1738 01:49:55,800 --> 01:49:57,310 Look-- 1739 01:50:00,782 --> 01:50:05,116 I apologize. I was angry. I am sorry about what I said. 1740 01:50:05,116 --> 01:50:07,781 I am gonna put Jessup on the stand. 1741 01:50:28,044 --> 01:50:29,705 What do you suggest we do? 1742 01:50:29,705 --> 01:50:31,975 I say we hit Jessup with the phony transfer order. 1743 01:50:31,975 --> 01:50:33,983 What's a transfer order without a witness? 1744 01:50:33,983 --> 01:50:35,643 - We have a witness. - A dead witness. 1745 01:50:35,643 --> 01:50:38,622 In the hands of a lesser attorney, that would be a problem. 1746 01:50:38,622 --> 01:50:41,157 Look at this. Last night he's swimming in Jack Daniels... 1747 01:50:41,157 --> 01:50:43,956 and now he can leap tall buildings in a single bound. 1748 01:50:43,956 --> 01:50:47,226 I am getting my second wind. Sit down, both of you. 1749 01:50:47,226 --> 01:50:51,827 Good. Jessup told Kendrick to order the Code Red. Kendrick did. 1750 01:50:51,827 --> 01:50:54,135 Our clients followed the order. The cover-up isn't our case. 1751 01:50:54,135 --> 01:50:58,837 To win, Jessup needs to tell the court members that he ordered the Code Red. 1752 01:50:58,837 --> 01:51:02,642 - You think you can get him to say it? - I think he wants to say it. 1753 01:51:02,642 --> 01:51:04,979 I think he's pissed off that he's got to hide from us. 1754 01:51:04,979 --> 01:51:08,542 I think he wants to say that he made a command decision, and that's the end. 1755 01:51:08,542 --> 01:51:11,557 He eats breakfast 300 yards away... 1756 01:51:11,557 --> 01:51:14,924 from 4,000 Cubans that are trained to kill him. 1757 01:51:14,924 --> 01:51:17,055 No one's gonna tell him how to run his unit. 1758 01:51:17,055 --> 01:51:19,999 Least of all the Harvard mouth in his faggoty white uniform. 1759 01:51:19,999 --> 01:51:22,195 I need to shake him, put him on the defensive... 1760 01:51:22,195 --> 01:51:24,966 and lead him right where he's dying to go. 1761 01:51:24,966 --> 01:51:28,009 - That's it? That's the plan? - That's the plan. 1762 01:51:28,009 --> 01:51:31,274 - How are you gonna do it? - I have no idea. 1763 01:51:31,274 --> 01:51:33,475 - I need my bat. - Your what? 1764 01:51:33,475 --> 01:51:35,814 I think better with my bat. Where's my bat? 1765 01:51:35,814 --> 01:51:39,343 - I put it in the closet. - You put it in the closet? 1766 01:51:39,343 --> 01:51:43,324 - I was tripping on it. - Don't ever put that bat in the closet. 1767 01:51:43,324 --> 01:51:47,191 - He thinks better with his bat? - I can understand that. 1768 01:51:58,643 --> 01:52:01,543 Stay here. I am going to the office for a while. 1769 01:52:04,083 --> 01:52:06,710 He does think better with that bat. 1770 01:52:29,210 --> 01:52:32,542 Sam, I need you to do something for me. 1771 01:52:35,751 --> 01:52:38,981 - What's going on? - Gotta go out to Andrews. 1772 01:53:02,845 --> 01:53:04,779 - Where's Sam? - He's on his way. 1773 01:53:04,779 --> 01:53:06,782 - Did he get the guys? - Yeah. 1774 01:53:06,782 --> 01:53:09,842 Listen, can I talk to you for a second? 1775 01:53:09,842 --> 01:53:12,149 Oh, yeah, sure. 1776 01:53:22,600 --> 01:53:24,261 How you feeling? 1777 01:53:25,669 --> 01:53:29,232 Well, I think Jessup�s gonna have his hands full today. 1778 01:53:31,977 --> 01:53:33,911 Listen, Danny... 1779 01:53:35,080 --> 01:53:37,515 when you're out there today... 1780 01:53:37,515 --> 01:53:40,746 if you feel like it's not gonna happen... 1781 01:53:40,746 --> 01:53:43,948 if you feel like he's not gonna say it... 1782 01:53:43,948 --> 01:53:45,615 don't go for it. 1783 01:53:47,127 --> 01:53:49,357 You could get in trouble. 1784 01:53:49,357 --> 01:53:51,522 I am special counsel for Internal Affairs... 1785 01:53:51,522 --> 01:53:54,159 and I am telling you you could get in a lot of trouble. 1786 01:53:54,159 --> 01:53:56,226 Wait, Lieutenant Commander Galloway... 1787 01:53:56,226 --> 01:54:00,537 you're not suggesting that I back off a material witness? 1788 01:54:00,537 --> 01:54:03,805 If you think you can't get him, yeah. 1789 01:54:06,048 --> 01:54:07,709 All rise. 1790 01:54:12,554 --> 01:54:15,547 - Where's Sam? - He's on his way. 1791 01:54:21,163 --> 01:54:23,758 - Call your first witness. - Where is he? 1792 01:54:23,758 --> 01:54:26,166 - He will be here. - Lieutenant. 1793 01:54:26,166 --> 01:54:27,898 Call your witness. 1794 01:54:34,578 --> 01:54:37,240 Defense calls Colonel Nathan Jessup. 1795 01:54:54,033 --> 01:54:56,866 Colonel Jessup, would you raise your right hand please, sir? 1796 01:54:56,866 --> 01:55:00,393 Do you solemnly swear that the testimony you will give in this court-martial... 1797 01:55:00,393 --> 01:55:03,910 will be the truth, the whole truth and nothing but the truth? 1798 01:55:03,910 --> 01:55:05,376 Yes, I do. 1799 01:55:05,376 --> 01:55:06,912 Have a seat please, sir. 1800 01:55:08,548 --> 01:55:12,007 Would you state your name, rank and current billet for the record, sir? 1801 01:55:12,007 --> 01:55:15,213 Colonel Nathan R. Jessup, commanding officer... 1802 01:55:15,213 --> 01:55:18,589 Marine Ground Forces, Guantanamo Bay, Cuba. 1803 01:55:18,589 --> 01:55:20,992 - Thank you, sir. - He's not here. 1804 01:55:26,802 --> 01:55:30,363 Colonel, when you learned of Santiago�s letter to the N.I.S.... 1805 01:55:30,363 --> 01:55:33,567 you had a meeting with your two senior officers. 1806 01:55:33,567 --> 01:55:35,702 - Is that right? - Yes. 1807 01:55:35,702 --> 01:55:39,373 The platoon commander, Lieutenant Jonathan Kendrick... 1808 01:55:39,373 --> 01:55:43,113 and the executive officer, Lieutenant Colonel Matthew Markinson. 1809 01:55:43,113 --> 01:55:44,710 Yes. 1810 01:55:44,710 --> 01:55:49,283 And at present Colonel Markinson is dead. Is that right? 1811 01:55:49,283 --> 01:55:53,420 Objection. I'd like to know just what the defense counsel is implying. 1812 01:55:53,420 --> 01:55:56,933 I am implying simply that at present Colonel Markinson is not alive. 1813 01:55:56,933 --> 01:56:00,732 Colonel Jessup doesn't need to appear in court to confirm that information. 1814 01:56:00,732 --> 01:56:03,239 I just wasn't sure the witness was aware that two days ago... 1815 01:56:03,239 --> 01:56:06,107 the colonel took his own life with a .45-caliber pistol. 1816 01:56:06,107 --> 01:56:08,646 The witness is aware, the court is aware... 1817 01:56:08,646 --> 01:56:10,648 and now the court members are aware. 1818 01:56:10,648 --> 01:56:14,277 We thank you for bringing this to our attention. 1819 01:56:14,277 --> 01:56:16,083 Move on, Lieutenant.. 1820 01:56:16,083 --> 01:56:17,917 Yes, sir. 1821 01:56:17,917 --> 01:56:21,622 Colonel, you gave Lieutenant Kendrick an order at this meeting, right? 1822 01:56:21,622 --> 01:56:26,029 I told Kendrick to tell his men that Santiago wasn't to be touched. 1823 01:56:26,029 --> 01:56:29,035 And did you give an order to Colonel Markinson as well? 1824 01:56:29,035 --> 01:56:34,631 I ordered Markinson to have Santiago transferred off the base immediately. 1825 01:56:34,631 --> 01:56:35,631 Why? 1826 01:56:36,578 --> 01:56:40,343 I felt his life might be in danger once word of the letter got out. 1827 01:56:40,343 --> 01:56:41,848 Grave danger? 1828 01:56:41,848 --> 01:56:44,112 Is there another kind? 1829 01:56:47,723 --> 01:56:51,659 Colonel, we have the transfer order that you and Markinson co-signed... 1830 01:56:51,659 --> 01:56:56,356 ordering that Santiago be on a flight leaving Guantanamo at 6:00 the next day. 1831 01:56:56,356 --> 01:57:01,530 - Was that the first flight? - The 0600 was the first flight. 1832 01:57:05,409 --> 01:57:08,777 You flew up to Washington this morning. Is that right? 1833 01:57:08,777 --> 01:57:12,246 I notice you�re wearing your class 'A' dress uniform in court today. 1834 01:57:12,246 --> 01:57:15,513 - As are you, Lieutenant. - Did you wear that on the plane? 1835 01:57:15,513 --> 01:57:18,384 Please the court, is this dialogue relevant to anything-- 1836 01:57:18,384 --> 01:57:21,152 Defense didn't have the opportunity to depose this witness. 1837 01:57:21,152 --> 01:57:24,923 - I'd ask for a little latitude. - A very little latitude. 1838 01:57:27,166 --> 01:57:29,190 I wore utilities on the plane. 1839 01:57:29,190 --> 01:57:32,328 - You brought your dress uniform? - Yes. 1840 01:57:32,328 --> 01:57:35,805 - Toothbrush, shaving kit, underwear? - Your Honor! 1841 01:57:35,805 --> 01:57:38,241 Is the colonel's underwear a matter of national security? 1842 01:57:38,241 --> 01:57:41,712 Gentlemen! You better get somewhere fast with this, Lieutenant. 1843 01:57:41,712 --> 01:57:43,840 Yes, sir. Colonel? 1844 01:57:44,950 --> 01:57:48,682 I brought a change of clothes and some personal items. 1845 01:57:48,682 --> 01:57:50,621 Thank you. 1846 01:57:50,621 --> 01:57:54,354 After Dawson and Downey's arrest on the night of the sixth... 1847 01:57:54,354 --> 01:57:58,694 Santiago's barracks were sealed off and its contents inventoried. 1848 01:57:58,694 --> 01:58:02,066 ' Four pairs camouflage pants, three long-sleeve khaki shirts... 1849 01:58:02,066 --> 01:58:06,039 three pairs of boots, four pairs green socks, three green T-shirts--' 1850 01:58:06,039 --> 01:58:09,043 Please the court, is there a question anywhere in our future? 1851 01:58:09,043 --> 01:58:12,239 Lieutenant Kaffee, I have to ask you to state your question. 1852 01:58:12,239 --> 01:58:15,112 I am wondering why Santiago wasn't packed. 1853 01:58:17,186 --> 01:58:20,452 I will tell you what. We will get back to that one in a minute. 1854 01:58:21,357 --> 01:58:24,691 This is a record of all phone calls made from your base in the past 24 hours. 1855 01:58:24,691 --> 01:58:28,355 After being subpoenaed to Washington, you made three calls. 1856 01:58:28,355 --> 01:58:30,764 Do you recognize those number, sir? 1857 01:58:30,764 --> 01:58:33,962 I called Colonel Fitzhughes in Quantico, Virginia. 1858 01:58:33,962 --> 01:58:36,835 I wanted to let him know that I would be in town. 1859 01:58:36,835 --> 01:58:40,470 The second call was to arrange a meeting with Congressman Richmond... 1860 01:58:40,470 --> 01:58:42,810 of the House Armed Services Committee. 1861 01:58:42,810 --> 01:58:45,941 And the third call was to my sister Elizabeth. 1862 01:58:45,941 --> 01:58:48,111 Why did you make that call, sir? 1863 01:58:48,111 --> 01:58:51,588 I thought she might like to have dinner tonight. 1864 01:58:51,588 --> 01:58:55,023 - I am gonna stop this. - These are phone records from Gitmo... 1865 01:58:55,023 --> 01:58:59,327 for September 6, and these are 14 letters... 1866 01:58:59,327 --> 01:59:02,128 that Santiago wrote in nine months... 1867 01:59:02,128 --> 01:59:05,365 requesting-- in fact, begging-- for a transfer. 1868 01:59:05,365 --> 01:59:08,635 Upon hearing the news that he was finally getting his transfer... 1869 01:59:08,635 --> 01:59:12,667 Santiago was so excited that do you know how many people he called? 1870 01:59:12,667 --> 01:59:15,215 Zero. Nobody. 1871 01:59:15,215 --> 01:59:19,152 Not one call to his parents saying he was coming home. 1872 01:59:19,152 --> 01:59:22,451 Not one call to a friend, saying, 'Can you pick me up at the airport?' 1873 01:59:22,451 --> 01:59:26,358 He was asleep in his bed at midnight, and according to you... 1874 01:59:26,358 --> 01:59:28,954 he was getting on a plane in six hours. 1875 01:59:28,954 --> 01:59:32,592 Yet everything he owned was hanging neatly in his closet... 1876 01:59:32,592 --> 01:59:35,296 and folded neatly in his footlocker. 1877 01:59:35,296 --> 01:59:39,137 You were leaving for one day. You packed a bag and made three calls. 1878 01:59:39,137 --> 01:59:43,544 Santiago was leaving for the rest of his life... 1879 01:59:45,315 --> 01:59:48,079 and he hadn't called a soul... 1880 01:59:48,079 --> 01:59:50,813 and he hadn't packed a thing. 1881 01:59:54,058 --> 01:59:55,821 Can you explain that? 1882 01:59:58,330 --> 02:00:00,594 The fact is, there was no transfer order. 1883 02:00:00,594 --> 02:00:03,429 Santiago wasn't going anywhere. Isn't that right, Colonel? 1884 02:00:03,429 --> 02:00:06,959 Objection. Your Honor, it's obvious that Lieutenant Kaffee's intention... 1885 02:00:06,959 --> 02:00:09,370 is the smear a high-ranking Marine officer... 1886 02:00:09,370 --> 02:00:13,105 in the hope that the mere appearance of impropriety will win him points. 1887 02:00:13,105 --> 02:00:17,115 It's my recommendation, sir, that Lieutenant Kaffee be reprimanded... 1888 02:00:17,115 --> 02:00:20,084 and the witness be excused with the court's deepest apologies. 1889 02:00:21,922 --> 02:00:25,016 Overruled. Your objection is noted. 1890 02:00:31,465 --> 02:00:33,296 Is this funny, sir? 1891 02:00:33,296 --> 02:00:36,702 No, it's not. It's tragic. 1892 02:00:36,702 --> 02:00:39,468 - Do you have an answer? - Absolutely. 1893 02:00:39,468 --> 02:00:43,340 My answer is, I don't have the first damn clue. 1894 02:00:43,340 --> 02:00:47,178 Maybe he was an early riser and liked to pack in the morning. 1895 02:00:47,178 --> 02:00:50,082 And maybe he didn't have any friends. 1896 02:00:50,082 --> 02:00:53,645 I am an educated man, but I am afraid I can't speak intelligently... 1897 02:00:53,645 --> 02:00:57,386 about the travel habits of William Santiago. 1898 02:00:57,386 --> 02:01:02,488 What I do know is that he was set to leave the base at 0600. 1899 02:01:03,366 --> 02:01:08,463 Now, are these really the questions that I was called here to answer? 1900 02:01:08,463 --> 02:01:10,904 Phone calls and footlockers? 1901 02:01:10,904 --> 02:01:14,672 Please tell me that you have something more, Lieutenant. 1902 02:01:14,672 --> 02:01:18,512 These two Marines are on trial for their lives. 1903 02:01:18,512 --> 02:01:23,020 Please tell me that their lawyer hasn't pinned their hopes to a phone bill. 1904 02:01:25,524 --> 02:01:28,960 Do you have any other questions for me, counselor? 1905 02:01:47,715 --> 02:01:51,242 Lieutenant, do you have anything further for this witness? 1906 02:01:58,759 --> 02:02:01,023 Thanks, Danny. I love Washington. 1907 02:02:01,023 --> 02:02:03,690 Excuse me. I didn't dismiss you. 1908 02:02:04,767 --> 02:02:06,529 I beg your pardon? 1909 02:02:06,529 --> 02:02:11,129 I am not through with my examination. Sit down. 1910 02:02:12,843 --> 02:02:15,605 - Colonel. - What's that? 1911 02:02:15,605 --> 02:02:18,341 I'd appreciate it if you�d address me as 'colonel' or 'sir.' 1912 02:02:18,341 --> 02:02:20,007 I believe I have earned it. 1913 02:02:20,007 --> 02:02:24,314 Defense counsel will address the witness as 'colonel' or 'sir.' 1914 02:02:24,314 --> 02:02:27,357 I don't know what the hell kind of unit you're running here. 1915 02:02:27,357 --> 02:02:31,225 The witness will address this court as 'judge' or 'your honor.' 1916 02:02:31,225 --> 02:02:36,028 I am quite certain I have earned it. Take your seat, Colonel. 1917 02:02:41,006 --> 02:02:45,102 What do you want to discuss now? My favorite color? 1918 02:02:46,377 --> 02:02:49,073 Colonel, the 6:00 a.m. flight was the first one off the base? 1919 02:02:49,073 --> 02:02:50,207 Yes. 1920 02:02:50,207 --> 02:02:52,341 There wasn't a flight that left seven hours earlier... 1921 02:02:52,341 --> 02:02:54,750 and landed at Andrews Air Force Base at 2:00 a.m.? 1922 02:02:54,750 --> 02:02:57,791 Lieutenant, I think we have covered this, haven't we? 1923 02:02:58,825 --> 02:03:00,952 Your Honor, these are the tower chief�s logs... 1924 02:03:00,952 --> 02:03:03,860 for both Guantanamo Bay and Andrews Air Force Base. 1925 02:03:03,860 --> 02:03:07,297 The Guantanamo log lists no flight that left at 11:00 p.m. 1926 02:03:07,297 --> 02:03:09,962 The Andrews log lists no flight that landed at 2:00 a.m. 1927 02:03:09,962 --> 02:03:12,631 I'd like to admit them as defense exhibits Alpha and Bravo. 1928 02:03:13,407 --> 02:03:16,935 I don't understand. You're admitting evidence of a flight that never existed. 1929 02:03:16,935 --> 02:03:19,480 We believe it did, sir. 1930 02:03:19,480 --> 02:03:22,847 Defense will be calling Airmen Cecil O amalley and Anthony Rodriguez. 1931 02:03:22,847 --> 02:03:25,944 They were working the ground crew at Andrews at 2:00 a.m. on the 7th. 1932 02:03:25,944 --> 02:03:28,854 - These men weren't on the list. - Rebuttal witnesses, Your Honor... 1933 02:03:28,854 --> 02:03:33,258 called specifically to refute testimony offered under direct examination. 1934 02:03:33,258 --> 02:03:36,299 - I will allow the witnesses. - This is ridiculous. 1935 02:03:36,299 --> 02:03:40,768 - Colonel, a moment ago-- - Check the tower logs, for God's sake! 1936 02:03:41,737 --> 02:03:43,933 We will get to the airmen in just a minute, sir. 1937 02:03:44,974 --> 02:03:46,909 A moment ago you said that you ordered Lieutenant Kendrick... 1938 02:03:46,909 --> 02:03:51,005 to tell his men that Santiago wasn't to be touched. 1939 02:03:51,005 --> 02:03:52,640 That's right. 1940 02:03:52,640 --> 02:03:55,446 And Lieutenant Kendrick was clear on what you wanted? 1941 02:03:55,446 --> 02:03:57,317 Crystal. 1942 02:03:57,317 --> 02:04:00,516 Any chance Lieutenant Kendrick ignored the order? 1943 02:04:00,516 --> 02:04:02,582 Ignored the order? 1944 02:04:02,582 --> 02:04:05,753 Any chance he forgot about it? 1945 02:04:05,753 --> 02:04:09,961 Any chance Lieutenant Kendrick left your office and said, 'The old man is wrong'? 1946 02:04:12,004 --> 02:04:14,269 When Lieutenant Kendrick spoke to the platoon... 1947 02:04:14,269 --> 02:04:17,606 and ordered them not to touch Santiago, any chance they ignored him? 1948 02:04:19,044 --> 02:04:22,037 You ever served in an infantry unit, son? 1949 02:04:22,037 --> 02:04:25,414 - No, sir. - Ever served in a forward area? 1950 02:04:26,752 --> 02:04:29,780 Ever put your life in another man's hands? 1951 02:04:29,780 --> 02:04:32,485 Asked him to put his life in yours? 1952 02:04:33,761 --> 02:04:35,729 We follow orders, son. 1953 02:04:35,729 --> 02:04:38,766 We follow orders, or people die. 1954 02:04:38,766 --> 02:04:41,996 It's that simple. Are we clear? 1955 02:04:41,996 --> 02:04:43,899 Yes, sir. 1956 02:04:43,899 --> 02:04:45,700 Are we clear? 1957 02:04:45,700 --> 02:04:47,709 Crystal. 1958 02:04:49,845 --> 02:04:54,408 I have just one more question before I call Airmen O amalley and Rodriguez. 1959 02:04:55,752 --> 02:05:00,017 If you gave an order that Santiago wasn't to be touched... 1960 02:05:00,017 --> 02:05:02,614 and your orders are always followed... 1961 02:05:04,594 --> 02:05:07,689 then why would Santiago be in danger? 1962 02:05:09,600 --> 02:05:13,331 Why would it be necessary to transfer him off the base? 1963 02:05:18,943 --> 02:05:22,071 Santiago was a substandard Marine. 1964 02:05:22,071 --> 02:05:24,547 - He was being transferred-- - That's not what you said! 1965 02:05:24,547 --> 02:05:28,246 You said he was being transferred because he was in grave danger. 1966 02:05:28,246 --> 02:05:31,256 I said, 'Grave danger?' You said, 'Is there any other kind?' 1967 02:05:31,256 --> 02:05:33,850 - I recall what I said. - I can have it read back to you. 1968 02:05:33,850 --> 02:05:36,917 I know what I said! I don't have to have it read back to me. 1969 02:05:36,917 --> 02:05:40,592 Then why the two orders? Colonel? 1970 02:05:42,536 --> 02:05:45,232 Sometimes men take matters into their own hands. 1971 02:05:45,232 --> 02:05:48,400 You have made it clear that your men never take matters into their own hands. 1972 02:05:48,400 --> 02:05:50,443 Your men follow orders, or people die. 1973 02:05:50,443 --> 02:05:53,139 So Santiago should not have been in any danger, should he? 1974 02:05:53,139 --> 02:05:57,082 - You snotty little bastard. - I'd like to ask for a recess. 1975 02:05:57,082 --> 02:06:00,779 - I'd like an answer to the question. - The court will wait for an answer. 1976 02:06:01,622 --> 02:06:03,955 If Lieutenant Kendrick gave an order... 1977 02:06:03,955 --> 02:06:06,996 that Santiago wasn't to be touched... 1978 02:06:06,996 --> 02:06:08,997 then why did he have to be transferred? 1979 02:06:11,900 --> 02:06:16,098 Lieutenant Kendrick ordered the Code Red because that's what you told him to do! 1980 02:06:16,098 --> 02:06:19,164 - Object! - And then you cut these guys loose! 1981 02:06:19,164 --> 02:06:22,803 - I will hold you in contempt. - You doctored the logbook! 1982 02:06:22,803 --> 02:06:25,748 - Damn it, Kaffee! - Consider yourself in contempt. 1983 02:06:25,748 --> 02:06:28,614 Colonel Jessup, did you order the Code Red? 1984 02:06:28,614 --> 02:06:32,247 - You don't have to answer that. - I will answer the question. 1985 02:06:32,247 --> 02:06:34,349 - You want answers? - I think I am entitled! 1986 02:06:34,349 --> 02:06:36,825 - You want answers? - I want the truth! 1987 02:06:36,825 --> 02:06:39,987 You can't handle the truth! 1988 02:06:39,987 --> 02:06:42,056 Son, we live in a world that has walls... 1989 02:06:42,056 --> 02:06:44,762 and those walls have to be guarded by men with guns. 1990 02:06:44,762 --> 02:06:49,207 Who's gonna do it? You? You, Lieutenant Weinberg? 1991 02:06:49,207 --> 02:06:53,268 I have a greater responsibility than you can possibly fathom. 1992 02:06:53,268 --> 02:06:56,804 You weep for Santiago, and you curse the Marines. 1993 02:06:56,804 --> 02:07:00,717 You have the luxury of not knowing what I know-- 1994 02:07:00,717 --> 02:07:04,884 that Santiago's death, while tragic, probably saved lives. 1995 02:07:04,884 --> 02:07:10,864 And my existence, while grotesque and incomprehensible to you, saves lives! 1996 02:07:10,864 --> 02:07:15,062 You don't want the truth because deep down you don't talk about... 1997 02:07:15,062 --> 02:07:17,296 you want me on that wall. 1998 02:07:17,296 --> 02:07:20,068 You need me on that wall! 1999 02:07:20,068 --> 02:07:24,805 We use words like honor, code, loyalty. 2000 02:07:24,805 --> 02:07:28,577 We use these words as the backbone of a life spent defending something. 2001 02:07:28,577 --> 02:07:30,643 You use them as a punch line. 2002 02:07:30,643 --> 02:07:34,554 I have neither the time nor the inclination to explain myself... 2003 02:07:34,554 --> 02:07:38,787 to a man who rises and sleeps under the blanket of the freedom I provide... 2004 02:07:38,787 --> 02:07:41,729 and then questions the manner in which I provide it! 2005 02:07:41,729 --> 02:07:45,063 I would rather you just said thank you and went on your way. 2006 02:07:45,063 --> 02:07:48,901 Otherwise, I suggest you pick up a weapon and stand a post. 2007 02:07:48,901 --> 02:07:53,876 Either way, I don't give a damn what you think you are entitled to! 2008 02:07:53,876 --> 02:07:55,606 Did you order the Code Red? 2009 02:07:55,606 --> 02:07:57,613 - I did the job-- - Did you order the Code Red? 2010 02:07:57,613 --> 02:08:00,015 You're goddamned right I did! 2011 02:08:11,063 --> 02:08:14,157 Please the court, I suggest the members be dismissed... 2012 02:08:14,157 --> 02:08:17,464 so that we can move to an immediate Article 39-A session. 2013 02:08:17,464 --> 02:08:19,970 The witness has rights. 2014 02:08:19,970 --> 02:08:22,270 Captain Ross? 2015 02:08:33,154 --> 02:08:36,817 The members of the court will retire to an anteroom until further instructed. 2016 02:08:36,817 --> 02:08:38,689 All rise. 2017 02:08:39,929 --> 02:08:43,420 What the hell is this? Colonel, what's going on? 2018 02:08:43,420 --> 02:08:46,024 I did my job. I'd do it again. 2019 02:08:46,024 --> 02:08:49,229 I am gonna get on a plane and go on back to my base. 2020 02:08:49,229 --> 02:08:53,000 You're not going anywhere, Colonel. M.P. s, guard the colonel. 2021 02:08:53,000 --> 02:08:54,508 Yes, sir. 2022 02:08:56,546 --> 02:08:59,071 - Captain Ross. - What the hell is this? 2023 02:08:59,071 --> 02:09:02,051 Colonel Jessup, you have the right to remain silent. 2024 02:09:02,051 --> 02:09:06,749 I am being charged with a crime? Is that what this is? 2025 02:09:06,749 --> 02:09:10,158 - I am being charged with a crime? - You have a right to consult a lawyer. 2026 02:09:10,158 --> 02:09:14,062 - This is funny. That's what this is. - This lawyer may be appointed by you. 2027 02:09:14,062 --> 02:09:17,829 I am gonna rip the eyes out of your head and piss in your dead skull! 2028 02:09:17,829 --> 02:09:19,836 You fucked with the wrong Marine! 2029 02:09:19,836 --> 02:09:23,305 Colonel Jessup, do you understand these rights as I have just read them? 2030 02:09:29,548 --> 02:09:32,312 You fucking people. 2031 02:09:32,312 --> 02:09:35,148 You have no idea how to defend a nation. 2032 02:09:35,148 --> 02:09:38,658 All you did was weaken a country today, Kaffee. 2033 02:09:38,658 --> 02:09:40,716 That's all you did. 2034 02:09:40,716 --> 02:09:45,891 You put people's lives in danger. Sweet dreams, son. 2035 02:09:45,891 --> 02:09:48,128 Don't call me son. 2036 02:09:48,128 --> 02:09:52,639 I am a lawyer and an officer in the United States Navy... 2037 02:09:52,639 --> 02:09:55,471 and you're under arrest, you son of a bitch. 2038 02:09:59,781 --> 02:10:01,749 The witness is excused. 2039 02:10:23,873 --> 02:10:24,931 All rise. 2040 02:10:36,455 --> 02:10:38,081 Have the members reached a verdict? 2041 02:10:38,081 --> 02:10:40,090 We have, sir. 2042 02:10:51,904 --> 02:10:55,362 Lance Corporal Dawson and Private First Class Downey. 2043 02:10:58,746 --> 02:11:02,909 On the charge of murder, the members find the accused... 2044 02:11:02,909 --> 02:11:04,916 not guilty. 2045 02:11:05,986 --> 02:11:09,582 On the charge of conspiracy to commit murder... 2046 02:11:09,582 --> 02:11:13,423 the members find the accused not guilty. 2047 02:11:16,230 --> 02:11:20,063 On the charge of conduct unbecoming a United States Marine... 2048 02:11:20,063 --> 02:11:25,937 the members find the accused guilty as charged. 2049 02:11:27,909 --> 02:11:31,072 The accused are hereby sentenced to time already served... 2050 02:11:31,072 --> 02:11:36,016 and you are ordered to be dishonorably discharged from the Marine Corps. 2051 02:11:37,420 --> 02:11:39,513 This court-martial is adjourned. 2052 02:11:39,513 --> 02:11:41,489 All rise. 2053 02:11:57,308 --> 02:11:59,276 What does that mean? 2054 02:12:04,449 --> 02:12:06,383 What did that mean? 2055 02:12:09,688 --> 02:12:13,887 I don't understand. Colonel Jessup said he ordered the Code Red. 2056 02:12:13,887 --> 02:12:17,896 - I know. - What did we do wrong? 2057 02:12:17,896 --> 02:12:21,492 - It's not that simple. - We did nothing wrong! 2058 02:12:21,492 --> 02:12:22,966 Yeah, we did. 2059 02:12:26,106 --> 02:12:30,007 We were supposed to fight for people who couldn't fight for themselves. 2060 02:12:31,145 --> 02:12:33,842 We were supposed to fight for Willie. 2061 02:12:41,624 --> 02:12:44,649 I have to take these men over to personnel for some paperwork. 2062 02:13:03,014 --> 02:13:05,709 You don't need to wear a patch on your arm to have honor. 2063 02:13:12,324 --> 02:13:15,418 There's an officer on deck. 2064 02:13:39,318 --> 02:13:41,583 Airmen Cecil O amalley and Anthony Rodriguez-- 2065 02:13:41,583 --> 02:13:44,487 What exactly were these guys gonna testify to? 2066 02:13:44,487 --> 02:13:46,752 Unless I am mistaken, they were both gonna testify under oath... 2067 02:13:46,752 --> 02:13:49,818 that they had absolutely no recollection of anything. 2068 02:13:49,818 --> 02:13:53,163 - Strong witnesses. - And handsome too, don�t you think? 2069 02:13:54,735 --> 02:13:57,398 I will see you around campus. I gotta go arrest Kendrick. 2070 02:13:57,398 --> 02:14:00,100 Tell him I say hi. 2071 02:14:00,100 --> 02:14:01,767 Will do. 179847

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