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1
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Holy.
2
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Watch Dog Six. This is Post Five.
3
00:01:01,736 --> 00:01:03,195
We have a small boat in the water.
4
00:01:03,363 --> 00:01:04,691
What's the situation?
5
00:01:04,864 --> 00:01:08,447
- Right there, lieutenant. Two o'clock.
- Damn it.
6
00:01:08,618 --> 00:01:11,370
Don't move!
Put your hands behind your heads.
7
00:01:13,957 --> 00:01:16,412
- He's got a detonator, lieutenant.
- Fire.
8
00:02:25,489 --> 00:02:27,944
Dan, we're live at the Naval Basehere at Norfolk, Virginia.
9
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We're awaiting the arrivalof the terrorist
10
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who attacked the USS Wake Island,
Sunday night
11
00:02:33,622 --> 00:02:35,864
in the Persian Gulfwhere five sailors were killed.
12
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This is Lt. Royce Caron.
13
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He is with the Marine's FleetAnti-Terrorist and Security Team,
14
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also knows as F.A.S. T. Company.Lieutenant, how do these terrorists
15
00:02:43,173 --> 00:02:45,925
manage to slip by securityin the first place?
16
00:02:46,093 --> 00:02:49,212
I don't know how they slipped in, sir,but they sure didn't slip out.
17
00:02:49,387 --> 00:02:50,467
Thank you very much, sir.
18
00:02:50,639 --> 00:02:53,308
Okay, it looks like the chopperbringing in the captured terrorist
19
00:02:53,475 --> 00:02:55,218
is coming in right now.
20
00:02:55,393 --> 00:02:58,145
By the way, a second terroristwas killed during that...
21
00:02:58,355 --> 00:03:01,190
- Bringing him in, huh?
- The helo's landing now, sir.
22
00:03:01,358 --> 00:03:03,018
- Good morning, sir.
- Good morning, Bud.
23
00:03:03,193 --> 00:03:04,853
- Hi.
- Hi.
24
00:03:05,028 --> 00:03:06,771
They were thwartedby the alert response
25
00:03:06,947 --> 00:03:08,441
of the ship's deck watch.
26
00:03:08,615 --> 00:03:11,450
Now, the Navy so farhas not released any information
27
00:03:11,618 --> 00:03:14,738
about the terrorist nor his affiliation.
28
00:03:14,913 --> 00:03:15,992
It looks like the prisoner
29
00:03:16,164 --> 00:03:18,204
is disembarkingfrom the helicopter right now.
30
00:03:18,375 --> 00:03:20,830
This is the man who attemptedto blow up the United State--
31
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- Hey, isn't that--?
- Special Agent Novack.
32
00:03:23,546 --> 00:03:26,749
NCIS must've handed this
to the FBI.
33
00:03:29,636 --> 00:03:31,462
Oh, my God. Someone--
34
00:03:31,679 --> 00:03:33,471
I think a Marine guardjust turned around
35
00:03:33,640 --> 00:03:37,139
and then shot the prisoner.Shot the prisoner, God. L--
36
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The other guardsare wrestling the shooter.
37
00:03:39,270 --> 00:03:40,646
What is happening here?
38
00:03:40,855 --> 00:03:42,978
- This is Agent Novack.
- I don't care! Move it out!
39
00:03:43,149 --> 00:03:45,106
FBI agents are putting himin a car right now.
40
00:03:45,276 --> 00:03:46,355
They're not waiting.
41
00:03:46,527 --> 00:03:49,481
Maybe they're afraid there's anothershooter nearby. I don't know.
42
00:03:49,656 --> 00:03:51,529
I can't tellhow badly he's hurt, Dan,
43
00:03:51,699 --> 00:03:53,775
but from here, it looked likehe was not moving.
44
00:03:53,951 --> 00:03:55,576
We just got word from the FBI
45
00:03:55,745 --> 00:03:57,821
that the prisoner died
en route to the hospital.
46
00:03:57,997 --> 00:03:59,622
Did he say anything
before he died, sir?
47
00:03:59,832 --> 00:04:03,118
Like a deathbed confession?
No such luck.
48
00:04:03,294 --> 00:04:06,461
All we know is his name
is Jaleel Nasseen.
49
00:04:06,672 --> 00:04:07,835
Has anyone claimed him, sir,
50
00:04:08,007 --> 00:04:09,964
or taken responsibility
for attacking the ship?
51
00:04:10,176 --> 00:04:13,876
No, it could be one of a dozen groups.
Hamas, Hezbollah, Mujahedin.
52
00:04:14,055 --> 00:04:16,131
We may never know.
53
00:04:16,641 --> 00:04:19,558
Which makes Corporal Barry's act
even more deplorable.
54
00:04:19,727 --> 00:04:21,720
Yeah, deplorable,
but understandable.
55
00:04:21,938 --> 00:04:24,559
Five of his shipmates
died in the bombing.
56
00:04:24,732 --> 00:04:27,401
Shooting an unarmed man,
no matter how loathsome he is,
57
00:04:27,568 --> 00:04:29,525
is still murder, commander.
58
00:04:29,737 --> 00:04:34,150
Yes, sir. I didn't say I condoned it.
I said I understood.
59
00:04:34,325 --> 00:04:35,902
Well,
I'm glad you're so understanding,
60
00:04:36,077 --> 00:04:37,903
because
you will be defending Corporal Barry.
61
00:04:38,079 --> 00:04:39,359
He arrives 0030.
62
00:04:39,538 --> 00:04:41,780
You can talk to him
first thing in the morning.
63
00:04:41,957 --> 00:04:46,915
- Or you can pass if you wish.
- No, sir. I'll take the case.
64
00:04:47,087 --> 00:04:48,795
Good. Good.
65
00:04:48,964 --> 00:04:50,245
Major, you'll be trial counsel.
66
00:04:50,424 --> 00:04:53,176
Mr. Roberts will assist you
with your prosecution. Dismissed.
67
00:04:54,428 --> 00:04:55,887
- Yes, sir.
- Aye, aye, sir.
68
00:04:56,055 --> 00:04:57,632
Thank you, sir.
69
00:04:59,558 --> 00:05:02,345
Cheer up. All you have to do is
defend a man who committed murder
70
00:05:02,519 --> 00:05:04,642
in front of 50 million witnesses.
71
00:05:04,813 --> 00:05:06,355
Thanks for putting it in perspective.
72
00:05:06,523 --> 00:05:10,224
Hey, the admiral gave you an out.
You didn't have to take this case.
73
00:05:10,402 --> 00:05:11,481
Explain it to her, Bud.
74
00:05:11,653 --> 00:05:14,820
That wasn't an out, ma'am.
It was a challenge.
75
00:05:14,990 --> 00:05:18,110
Oh, which you were too macho
to pass up?
76
00:05:19,369 --> 00:05:23,118
- Would you pass it up?
- I'm just as macho as you.
77
00:05:23,290 --> 00:05:26,825
Come on, lieutenant, we have a case
to prepare. We'll talk.
78
00:05:27,419 --> 00:05:29,661
Well, I'm sure we will.
79
00:05:37,888 --> 00:05:39,430
It wasn't murder, sir.
80
00:05:39,598 --> 00:05:41,555
Then what would you call it?
81
00:05:41,725 --> 00:05:43,634
I don't know, sir.
82
00:05:43,810 --> 00:05:45,435
It's just...
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00:05:45,896 --> 00:05:47,520
Something told me I had to do it.
84
00:05:47,689 --> 00:05:49,848
Something told you?
What, like a voice?
85
00:05:50,025 --> 00:05:51,400
I'm not crazy, commander.
86
00:05:51,610 --> 00:05:53,816
Take it easy, corporal.
I didn't say you were crazy.
87
00:05:54,613 --> 00:05:56,486
You had a brother in the Air Force.
88
00:05:56,656 --> 00:05:58,199
Yes, sir.
89
00:05:58,366 --> 00:05:59,446
He died in '96.
90
00:05:59,659 --> 00:06:02,446
In the Khobar Towers bombing
in Saudi Arabia.
91
00:06:02,662 --> 00:06:05,414
Along with 18 other
American servicemen, commander,
92
00:06:05,624 --> 00:06:07,450
and we'll never catch the cowards
who did it.
93
00:06:07,626 --> 00:06:09,499
So this was payback
for your brother's death?
94
00:06:09,711 --> 00:06:13,661
Sir, he attacked us.
He was a threat to my country.
95
00:06:13,840 --> 00:06:15,880
He wasn't a threat
when you shot him, corporal.
96
00:06:16,092 --> 00:06:18,714
If you study the terrorist mind
like I have, sir,
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00:06:18,887 --> 00:06:21,045
you'd know they wouldn't rest
as long as we had him.
98
00:06:21,222 --> 00:06:25,054
There'd be more hostage taking, sir.
More bombings.
99
00:06:25,226 --> 00:06:26,851
No American was safe
while he was alive.
100
00:06:27,020 --> 00:06:28,680
I did my duty as a Marine, sir.
101
00:06:28,855 --> 00:06:30,848
And how were you doing your duty,
Marine?
102
00:06:31,065 --> 00:06:34,399
I eliminated
a sworn mortal enemy of my country.
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00:06:34,569 --> 00:06:36,028
I saved lives.
104
00:06:36,196 --> 00:06:38,603
They go around killing people
whenever they want, sir.
105
00:06:38,781 --> 00:06:40,774
Whoever they want.
106
00:06:40,950 --> 00:06:45,078
They call us the Great Satan, sir?
They're the Great Satan.
107
00:06:48,374 --> 00:06:50,830
I won't plead guilty, commander.
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What I did was right.
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Temporary insanity.
110
00:07:00,470 --> 00:07:01,549
That would apply to you,
111
00:07:01,721 --> 00:07:04,046
if you think you'd win
on a mental incompetence argument.
112
00:07:04,223 --> 00:07:05,801
Mac,
at the time he pulled the trigger,
113
00:07:05,975 --> 00:07:08,051
he genuinely believed
he had to kill that terrorist
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00:07:08,227 --> 00:07:09,342
to save American lives.
115
00:07:09,520 --> 00:07:11,679
His brother was killed
in the Khobar Towers bombings.
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00:07:11,856 --> 00:07:13,848
It was revenge.
He knew what he was doing.
117
00:07:14,025 --> 00:07:17,144
Not at the time he pulled the trigger.
Now, I'm gonna request a 706 hearing.
118
00:07:17,361 --> 00:07:19,319
You can request
all the psych hearings you want.
119
00:07:19,488 --> 00:07:21,814
Your client
is not mentally incompetent.
120
00:07:23,576 --> 00:07:27,526
- Going anywhere for lunch?
- Yeah, as a matter of fact, I am.
121
00:07:36,922 --> 00:07:38,832
Decide to turn yourself in, Rabb?
122
00:07:39,008 --> 00:07:41,297
You still going on
about that Russian homicide, Novack?
123
00:07:41,469 --> 00:07:43,342
I was exonerated, remember?
124
00:07:43,512 --> 00:07:45,671
By the military, not by the FBI.
125
00:07:46,140 --> 00:07:48,179
What are you eating there anyway?
126
00:07:48,350 --> 00:07:51,268
- Is that a bowl of lettuce?
- I've gotta watch my blood pressure.
127
00:07:51,478 --> 00:07:53,388
What do you want?
128
00:07:53,564 --> 00:07:56,518
Information.
I'm representing Corporal Barry.
129
00:07:56,734 --> 00:07:58,442
And I should help you because...?
130
00:07:58,652 --> 00:08:00,146
Because Barry's a good kid.
131
00:08:00,321 --> 00:08:03,025
Got twisted somehow
and he made a serious mistake.
132
00:08:03,699 --> 00:08:05,822
- You ever make a mistake, Novack?
- Yeah.
133
00:08:05,993 --> 00:08:09,196
By not putting you in prison
when I had the chance.
134
00:08:09,872 --> 00:08:11,414
What are you looking for?
135
00:08:11,582 --> 00:08:14,251
A link between the dead guy
and a terrorist organisation.
136
00:08:14,460 --> 00:08:17,295
You wanna show he was
a real bad guy who deserved to die.
137
00:08:17,504 --> 00:08:19,876
- Something like that, yeah.
- I can't help you.
138
00:08:20,382 --> 00:08:22,126
Did Nasseen say anything
before he died?
139
00:08:22,342 --> 00:08:23,801
If he did, it was classified.
140
00:08:24,011 --> 00:08:25,968
- So he did say something?
- I didn't say that.
141
00:08:26,138 --> 00:08:28,344
You know, I can ask you
these questions under oath.
142
00:08:28,515 --> 00:08:29,630
You'd get the same answers.
143
00:08:29,808 --> 00:08:31,765
What's the problem, Novack?
The prisoner's dead.
144
00:08:31,935 --> 00:08:34,557
- Your case is over.
- No, you know what's over?
145
00:08:34,730 --> 00:08:36,639
This meeting is over.
146
00:08:36,815 --> 00:08:37,894
If you'll excuse me.
147
00:08:41,028 --> 00:08:43,353
Ready on the left.Ready on the right.
148
00:08:43,530 --> 00:08:47,610
All ready on the firing line.Commence firing.
149
00:08:51,288 --> 00:08:54,657
Cease-fire!
Clear rounds all weapons.
150
00:08:54,833 --> 00:08:56,790
Stand back from the firing line.
151
00:08:56,960 --> 00:08:58,787
Lieutenant Caron?
152
00:08:58,962 --> 00:09:00,456
Lieutenant Commander Rabb.
153
00:09:00,630 --> 00:09:02,457
I've been expecting you,
commander.
154
00:09:02,632 --> 00:09:04,625
I guess you wanna talk
about Corporal Barry, sir.
155
00:09:04,801 --> 00:09:06,675
That's right.
What can you tell me about him?
156
00:09:06,845 --> 00:09:08,802
Overall, a fine Marine, sir.
157
00:09:08,972 --> 00:09:11,926
A bit short on education,
but long on dedication.
158
00:09:12,100 --> 00:09:13,891
Any problems? Issues?
159
00:09:14,060 --> 00:09:15,223
When he first joined my unit,
160
00:09:15,395 --> 00:09:17,186
he was sharp, alert,
and willing to learn.
161
00:09:17,355 --> 00:09:19,562
I figured him for a staff NCO
after a few years,
162
00:09:19,733 --> 00:09:21,108
but after his brother died--
163
00:09:21,276 --> 00:09:23,150
You know about his brother,
commander?
164
00:09:23,320 --> 00:09:24,979
After his brother died,
something shifted.
165
00:09:25,155 --> 00:09:26,483
- Cease-fire!
- Shifted?
166
00:09:26,698 --> 00:09:29,189
- How?
- He was still a good Marine,
167
00:09:29,367 --> 00:09:31,443
but he lost focus,
became obsessed.
168
00:09:31,661 --> 00:09:33,654
- With?
- Terrorism, sir.
169
00:09:33,872 --> 00:09:35,864
He followed it around the world
like a groupie.
170
00:09:36,040 --> 00:09:38,413
When our embassies were bombed
in Kenya and Tanzania,
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00:09:38,585 --> 00:09:40,494
he was ready to kick
some serious butt.
172
00:09:40,712 --> 00:09:43,547
You think that corporal was of sound
mind when he shot the terrorist?
173
00:09:43,756 --> 00:09:46,793
I don't know, sir,
but I'm glad the guy is dead.
174
00:09:46,968 --> 00:09:49,044
I just wish it wasn't a Marine
who killed him.
175
00:09:49,512 --> 00:09:51,884
Lieutenant? Weapon jam.
176
00:09:52,056 --> 00:09:54,345
Excuse me a moment, commander?
177
00:10:04,986 --> 00:10:06,694
That's fine.
178
00:10:07,280 --> 00:10:09,237
We're trained to kill the enemy,
commander.
179
00:10:09,407 --> 00:10:10,569
Not prisoners.
180
00:10:21,630 --> 00:10:24,038
And you see no basis
for a plea bargain, major?
181
00:10:24,258 --> 00:10:26,879
Sir, this is as open and shut
as a murder case can get.
182
00:10:27,052 --> 00:10:29,128
The members will never buy
an insanity argument.
183
00:10:29,305 --> 00:10:31,974
Still, pleading out
might be the best course.
184
00:10:32,474 --> 00:10:34,930
Are you suggesting
that I offer a lesser charge, sir?
185
00:10:35,144 --> 00:10:38,928
No, no, no. That's up to you.
All I'm saying is be wary.
186
00:10:39,106 --> 00:10:41,941
Rabb's got a deep hat
with lots of rabbits.
187
00:10:42,109 --> 00:10:44,315
I have a few tricks of my own, sir.
188
00:10:44,486 --> 00:10:46,479
I'm sure you do, major.
189
00:10:47,406 --> 00:10:51,190
- Yes?
- Secretary of the Navy is here, sir.
190
00:10:51,368 --> 00:10:53,111
Send him in.
191
00:10:57,374 --> 00:10:59,248
At ease.
192
00:10:59,751 --> 00:11:01,376
I hope I'm not disturbing anything.
193
00:11:01,587 --> 00:11:04,124
Not at all, Mr. Secretary.
You know Major MacKenzie?
194
00:11:04,339 --> 00:11:08,633
We met after the major's vacation
in Russia.
195
00:11:08,844 --> 00:11:11,465
We were just discussing
the Barry case, sir.
196
00:11:11,638 --> 00:11:14,343
Good. That's why I'm here.
197
00:11:14,516 --> 00:11:17,221
Do you foresee any problems
getting a conviction, major?
198
00:11:17,394 --> 00:11:20,181
Many, Mr. Secretary.
I wouldn't be doing my job if I didn't.
199
00:11:20,814 --> 00:11:24,183
- But nothing you can't handle?
- I hope not, sir.
200
00:11:24,860 --> 00:11:26,354
Do you want me to stay, admiral?
201
00:11:26,528 --> 00:11:29,564
No, that won't be necessary, major.
Dismissed.
202
00:11:32,033 --> 00:11:33,113
Aye, aye, sir.
203
00:11:39,541 --> 00:11:41,249
- Take a look at this.
- What is it?
204
00:11:41,418 --> 00:11:44,288
A Percival Bertram press conference
taped this morning.
205
00:11:44,462 --> 00:11:46,953
What's our super-patriot,
great protector of the American way,
206
00:11:47,132 --> 00:11:49,457
outraged about now?
207
00:11:49,634 --> 00:11:51,461
Watch.
208
00:11:55,390 --> 00:11:58,557
Our governmentwastes time and resources
209
00:11:58,726 --> 00:12:02,309
prosecuting a true American hero,
210
00:12:02,480 --> 00:12:05,980
when what they should be doingis punishing countries
211
00:12:06,151 --> 00:12:12,271
who support the cowardly cutthroatswho attack American citizens abroad.
212
00:12:13,074 --> 00:12:16,941
- He's entitled to his opinion.
- Well, our people share that opinion.
213
00:12:17,120 --> 00:12:21,034
Including many on the Hill
whom Bertram helped put into office.
214
00:12:21,249 --> 00:12:24,415
Look, now, Corporal Barry
should be punished, of course, but--
215
00:12:24,585 --> 00:12:27,954
Sometimes it's mighty nice
to fight fire with fire.
216
00:12:29,757 --> 00:12:31,833
What are we looking at, worst case?
217
00:12:32,009 --> 00:12:36,885
Murder, premeditated with intent.
Death penalty or life in prison.
218
00:12:37,056 --> 00:12:40,639
If there were any way, now, legally,
of course, to mitigate the punishment,
219
00:12:40,810 --> 00:12:43,930
the White House
might be very supportive, A.J.
220
00:12:44,105 --> 00:12:46,856
Well, sir, you know I cannot interfere
with the court-martial.
221
00:12:47,066 --> 00:12:49,189
Nor would the president ask you to.
222
00:12:49,360 --> 00:12:52,396
But if there is some way
to salvage this boy's life...
223
00:12:53,281 --> 00:12:55,404
I'll give it some thought, sir.
224
00:12:59,578 --> 00:13:02,579
I've read the psych evaluation report
and there's nothing in it that says
225
00:13:02,748 --> 00:13:05,666
that Corporal Barry is incapable
of participating in his own defence.
226
00:13:05,835 --> 00:13:07,163
Admiral, the report also states
227
00:13:07,336 --> 00:13:10,254
Corporal Barry suffered depression
after the death of his brother.
228
00:13:10,423 --> 00:13:12,914
Which does not exempt him
from accountability for his conduct.
229
00:13:13,092 --> 00:13:16,009
- His conduct is mitigated by his--
- Given the severity of the event--
230
00:13:16,178 --> 00:13:18,800
- It also precludes premeditation.
- All right. Enough.
231
00:13:19,348 --> 00:13:23,512
Save it for the trial, people.
Opening arguments, 0900 tomorrow.
232
00:13:23,686 --> 00:13:25,014
- Yes, sir.
- Yes, sir.
233
00:13:25,187 --> 00:13:26,516
Oh, and Commander Rabb?
234
00:13:26,689 --> 00:13:29,725
Remember the time you discharged
a firearm in my courtroom?
235
00:13:29,942 --> 00:13:32,184
Yes, sir. I was a little overzealous.
236
00:13:32,403 --> 00:13:34,526
You were a loose cannon,
commander,
237
00:13:34,697 --> 00:13:36,654
both figuratively and literally.
238
00:13:37,116 --> 00:13:39,192
But you're older and wiser now,
aren't you?
239
00:13:39,368 --> 00:13:40,447
- Yes, sir.
- Good.
240
00:13:40,661 --> 00:13:43,828
If you pull a stunt like that again, the
next psych hearing will be your own.
241
00:13:44,039 --> 00:13:46,162
- Aye, sir.
- Good day.
242
00:13:46,375 --> 00:13:48,202
- Sir.
- Sir.
243
00:13:54,007 --> 00:13:55,585
Oh, my God. Someone--
244
00:13:55,759 --> 00:13:59,673
I think a Marine guard just turnedaround and then shot the prisoner.
245
00:13:59,847 --> 00:14:01,424
He shot the prisoner. Yeah, l--
246
00:14:01,598 --> 00:14:03,923
The other guards are wrestlingthe shooter to the ground.
247
00:14:04,101 --> 00:14:07,221
What is happening here?It's unbelievable.
248
00:14:07,396 --> 00:14:09,139
I can't tell how badhe's hurt there,
249
00:14:09,314 --> 00:14:13,015
but from here,it looked like he was not moving.
250
00:14:13,694 --> 00:14:15,402
Agent Novack, what we just saw,
251
00:14:15,612 --> 00:14:17,819
is that an accurate playback
of the murder?
252
00:14:17,990 --> 00:14:21,156
- Objection. Characterization.
- Sustained.
253
00:14:21,368 --> 00:14:24,867
- Excuse me. Of the shooting incident.
- Yes, it is.
254
00:14:25,038 --> 00:14:26,830
The prisoner was walking away
from the helo
255
00:14:26,998 --> 00:14:28,658
when Corporal Barry
discharged two rounds
256
00:14:28,834 --> 00:14:30,791
from his firearm
to the prisoner's upper torso.
257
00:14:31,002 --> 00:14:33,458
Your Honour, I'd like to introduce
Government's Exhibit Two,
258
00:14:33,630 --> 00:14:36,964
the autopsy report stating
that the victim died of gunshot wounds
259
00:14:37,133 --> 00:14:38,544
to the heart and lung.
260
00:14:38,718 --> 00:14:41,553
Defence stipulates as to authenticity,
Your Honour.
261
00:14:44,349 --> 00:14:47,350
Is this the gun
that Corporal Barry used?
262
00:14:49,229 --> 00:14:51,103
Yes, ma'am, I believe it is.
263
00:14:51,272 --> 00:14:55,851
Did Corporal Barry say anything
before or after he fired the weapon?
264
00:14:56,027 --> 00:14:57,984
Not that I can recollect.
265
00:14:58,154 --> 00:15:00,028
Did he seem aware
of what he was doing?
266
00:15:00,240 --> 00:15:03,241
- Objection. Calls for an opinion.
- I'll rephrase.
267
00:15:03,410 --> 00:15:07,787
What was Corporal Barry's demeanour
when he shot the victim?
268
00:15:07,956 --> 00:15:10,162
- He was very matter-of-fact.
- Thank you.
269
00:15:12,335 --> 00:15:14,043
Your witness.
270
00:15:15,964 --> 00:15:18,289
Agent Novack, what was the mood
of the security team
271
00:15:18,466 --> 00:15:19,581
on the day of the shooting?
272
00:15:20,051 --> 00:15:23,135
The Marines conducted themselves
in a very professional manner.
273
00:15:23,304 --> 00:15:24,419
Except the defendant.
274
00:15:24,597 --> 00:15:26,139
Beneath the professional manner,
275
00:15:26,307 --> 00:15:28,015
wasn't there
an angry undercurrent, sir?
276
00:15:28,226 --> 00:15:30,017
Objection.
Counsel's leading the witness.
277
00:15:30,228 --> 00:15:31,805
No further questions, Your Honour.
278
00:15:32,689 --> 00:15:35,226
Oh, I do have one more question,
Agent Novack.
279
00:15:35,400 --> 00:15:37,226
Sorry, Your Honour.
280
00:15:39,070 --> 00:15:41,062
What did the terrorist say
before he died?
281
00:15:43,157 --> 00:15:46,194
- Nothing.
- I remind you, sir, you're under oath.
282
00:15:46,410 --> 00:15:48,783
The man said nothing
before he died.
283
00:15:48,955 --> 00:15:50,235
Really?
284
00:15:51,290 --> 00:15:54,659
Your Honour, I reserve the right
to recall this witness, sir.
285
00:15:57,797 --> 00:16:00,751
Major MacKenzie, what do you think
of the defendant's insanity gambit?
286
00:16:00,925 --> 00:16:03,214
That's for the members
of the court-martial to decide.
287
00:16:03,386 --> 00:16:06,340
Please excuse us, we can't comment
on an ongoing court case.
288
00:16:06,514 --> 00:16:08,720
You were a little hard
on Agent Novack in there.
289
00:16:08,891 --> 00:16:10,433
Well, he knows something.
290
00:16:10,601 --> 00:16:12,724
You wouldn't happen to know
what that is, would you?
291
00:16:12,895 --> 00:16:14,354
- Like what?
- I don't know.
292
00:16:14,522 --> 00:16:16,395
Something isn't right
about this shooting.
293
00:16:20,111 --> 00:16:21,273
Do we know something, ma'am?
294
00:16:21,445 --> 00:16:24,150
We don't, but I think I might know
someone who might.
295
00:16:25,574 --> 00:16:27,448
- Major.
- Admiral.
296
00:16:27,618 --> 00:16:29,361
Excuse me, sir.
297
00:16:38,128 --> 00:16:41,877
- I'll be done here in just a second.
- No, I'm in no hurry, sir.
298
00:16:42,049 --> 00:16:44,540
So how goes the trial?
299
00:16:44,718 --> 00:16:47,256
Well, I call in my expert witness
this afternoon
300
00:16:47,429 --> 00:16:49,505
to testify
about Barry's mental capacity.
301
00:16:49,723 --> 00:16:51,550
Psychobabble.
302
00:16:51,725 --> 00:16:54,097
I've been reading a lot of psychology
for this case.
303
00:16:54,269 --> 00:16:56,974
It's funny how the mind works, sir.
304
00:16:57,397 --> 00:16:58,678
- Is it?
- Well, yeah.
305
00:16:58,857 --> 00:17:02,191
For instance, how we reveal things
about ourselves
306
00:17:02,361 --> 00:17:03,819
without being aware of it.
307
00:17:06,448 --> 00:17:07,527
What sort of things?
308
00:17:08,325 --> 00:17:09,867
Well, for example,
309
00:17:10,035 --> 00:17:14,329
I get a sense from you,
and I could be way off,
310
00:17:14,498 --> 00:17:17,368
that there's something you're thinking,
but you're not telling me.
311
00:17:17,918 --> 00:17:20,753
Which if there is,
it's perfectly fine of course, sir.
312
00:17:20,921 --> 00:17:23,756
I'm sure you have your reasons.
313
00:17:28,762 --> 00:17:30,386
I'm just...
314
00:17:33,475 --> 00:17:38,386
- That looks great. Is it pot roast?
- Yeah, I cooked some up last night.
315
00:17:38,563 --> 00:17:41,897
Would you care for some, sir?
I have plenty.
316
00:17:42,776 --> 00:17:44,519
No, thanks.
317
00:17:50,659 --> 00:17:53,031
United States Warship.
318
00:17:53,453 --> 00:17:56,703
We're trying to move infor a closer look now.
319
00:18:00,335 --> 00:18:02,411
Oh, my God. Someone--
320
00:18:10,303 --> 00:18:12,461
Oh, my God! Someone--
321
00:18:15,517 --> 00:18:17,225
Commander Onclay,
did the accused know
322
00:18:17,393 --> 00:18:20,063
that murder was wrong
when he killed the prisoner?
323
00:18:20,230 --> 00:18:23,895
Yes. Based on my examination
and my observations,
324
00:18:24,067 --> 00:18:27,317
I believe he appreciated
the wrongfulness of his act.
325
00:18:27,487 --> 00:18:29,775
In other words,
he was mentally responsible?
326
00:18:30,198 --> 00:18:33,364
- Yes, he was.
- Your witness, counsellor.
327
00:18:34,202 --> 00:18:36,527
Dr. Onclay, what was
Corporal Barry's state of mind
328
00:18:36,704 --> 00:18:38,282
on the day
he dispatched the terrorist?
329
00:18:38,831 --> 00:18:43,292
I believe he was highly agitated.
Guilt-ridden, full of impotent rage.
330
00:18:43,461 --> 00:18:45,370
Guilt-ridden?
Why guilt-ridden, doctor?
331
00:18:45,546 --> 00:18:47,373
Corporal Barry
is trained to fight terrorists.
332
00:18:47,965 --> 00:18:50,005
If a terrorist succeeds, he fails.
333
00:18:50,218 --> 00:18:51,463
Sir, in your report you stated
334
00:18:51,636 --> 00:18:53,842
that he didn't believe
then nor does he believe now
335
00:18:54,013 --> 00:18:55,176
that he committed murder.
336
00:18:55,389 --> 00:18:57,429
That's correct.
No more than a soldier in combat
337
00:18:57,600 --> 00:18:59,343
believes that killing the enemy
is murder.
338
00:18:59,560 --> 00:19:01,600
So though he knows
the murder is wrong,
339
00:19:01,771 --> 00:19:03,229
he doesn't think that he murdered?
340
00:19:03,773 --> 00:19:06,145
- Something like that.
- Isn't that exactly it, sir?
341
00:19:06,692 --> 00:19:10,476
Corporal Barry is unable to recognise
that killing a terrorist is wrong.
342
00:19:10,655 --> 00:19:13,525
An assassin,
a sworn enemy of the country.
343
00:19:13,699 --> 00:19:18,445
In fact, sir, isn't it true that he believes
it's his duty to kill such people?
344
00:19:18,621 --> 00:19:22,665
I think that's a fair assumption,
based on my observations.
345
00:19:22,833 --> 00:19:28,420
Doctor, if I were to take this weapon
and give it to Corporal Barry,
346
00:19:28,589 --> 00:19:30,000
would he kill a terrorist with it?
347
00:19:30,216 --> 00:19:31,496
I have no way of knowing.
348
00:19:31,675 --> 00:19:34,676
Doctor, isn't it more likely that
Corporal Barry would shoot a terrorist
349
00:19:34,845 --> 00:19:38,973
than, say, Admiral Morris
or Major MacKenzie, or you, sir?
350
00:19:39,183 --> 00:19:42,766
Yes, it is more likely
based on my evaluation of him.
351
00:19:42,978 --> 00:19:44,638
Doesn't that make him
criminally insane?
352
00:19:44,855 --> 00:19:49,184
- Not at all.
- Not at all. Not at all.
353
00:19:49,360 --> 00:19:52,479
Because defending one's country
against its enemies
354
00:19:52,655 --> 00:19:54,528
is very sane and proper.
355
00:19:54,698 --> 00:19:57,450
Probably the most sane thing
that a person can do. Isn't that true?
356
00:19:57,659 --> 00:20:00,115
Well, I don' t know if it's sane or not,
357
00:20:00,287 --> 00:20:03,122
but, yes, it does seem proper
to defend one's country.
358
00:20:03,332 --> 00:20:07,246
Thank you very much, doctor.
No further questions, Your Honour.
359
00:20:10,506 --> 00:20:14,124
Was Corporal Barry defending
his country when he shot the victim?
360
00:20:14,343 --> 00:20:16,798
- That's not for me to decide.
- Thank you, doctor.
361
00:20:16,970 --> 00:20:19,259
I think the members of the jury
already know the answer
362
00:20:19,431 --> 00:20:21,091
to that question.
363
00:20:37,532 --> 00:20:40,984
As you were.
You wanted to see me, corporal?
364
00:20:41,787 --> 00:20:44,360
Yes, sir. Thanks for coming.
365
00:20:45,665 --> 00:20:47,954
Look, juries are unpredictable,
366
00:20:48,126 --> 00:20:50,249
but I think we're getting this one
on our side.
367
00:20:52,130 --> 00:20:54,004
I got another lawyer, sir.
368
00:20:54,674 --> 00:20:56,382
Excuse me?
369
00:20:56,801 --> 00:20:58,675
I said I got another lawyer.
370
00:20:58,845 --> 00:21:01,929
Meaning no disrespect, sir,
but you're fired.
371
00:21:10,360 --> 00:21:13,148
Admiral, he gunned down
the terrorist on live TV.
372
00:21:13,322 --> 00:21:17,485
I was defending him,
and I was getting the job done, sir.
373
00:21:17,659 --> 00:21:19,533
Well, your client or rather ex-client
374
00:21:19,703 --> 00:21:23,321
has the right to hire a civilian attorney
if he wants one.
375
00:21:23,498 --> 00:21:26,416
I take it
you've never been fired before.
376
00:21:26,585 --> 00:21:28,293
No, sir.
377
00:21:28,754 --> 00:21:32,170
Juanita Ressler is a celebrated
law professor and litigator.
378
00:21:32,341 --> 00:21:35,295
- Never lost a murder case.
- You know, sir, that is the other thing.
379
00:21:35,844 --> 00:21:38,715
There is no way that a corporal
could afford that woman.
380
00:21:39,431 --> 00:21:41,887
Maybe she's doing it pro bono.
381
00:21:42,559 --> 00:21:45,228
In any event, Admiral Morris
has approved the change.
382
00:21:45,395 --> 00:21:47,222
You're off the case.
383
00:21:50,525 --> 00:21:52,482
Yes, sir.
384
00:21:55,238 --> 00:21:57,065
- I would have won.
- You would not have won.
385
00:21:57,282 --> 00:22:00,449
- Yeah, that's him there.
- Lieutenant Commander Rabb?
386
00:22:00,660 --> 00:22:01,775
I'm Juanita Ressler.
387
00:22:02,329 --> 00:22:03,408
Welcome aboard, ma'am.
388
00:22:03,622 --> 00:22:06,576
I hope we can manage a smooth
and painless transition, commander.
389
00:22:06,750 --> 00:22:09,038
I read the transcript.
You put up a good defence.
390
00:22:09,252 --> 00:22:10,450
Apparently not good enough.
391
00:22:12,255 --> 00:22:15,126
- This is Major MacKenzie.
- Sarah MacKenzie.
392
00:22:15,342 --> 00:22:17,630
Professor Ressler,
I'm flattered you remembered me.
393
00:22:17,844 --> 00:22:20,596
I didn't. When I saw your name listed
as trial counsel,
394
00:22:20,764 --> 00:22:22,258
I researched your background.
395
00:22:22,432 --> 00:22:24,306
You were in my Criminal Law class
at Duke.
396
00:22:24,517 --> 00:22:28,729
Yes, you advised me to drop Law,
and take up lap dancing.
397
00:22:28,938 --> 00:22:30,931
I see you didn't take my advice.
398
00:22:31,733 --> 00:22:35,565
If you'll excuse me,
I'll get your case file.
399
00:22:36,863 --> 00:22:39,817
And now we're adversaries.
Ironic, isn't it?
400
00:22:40,033 --> 00:22:43,781
- I hope that doesn't frighten you.
- Not in the least.
401
00:22:43,953 --> 00:22:45,116
Good.
402
00:22:45,914 --> 00:22:47,538
Excuse me.
403
00:22:51,711 --> 00:22:54,249
- May I?
- So who called in the big guns?
404
00:22:54,464 --> 00:22:57,168
Let's just say
an anonymous benefactor.
405
00:23:01,220 --> 00:23:02,501
Well, I assume you are familiar
406
00:23:02,680 --> 00:23:06,049
with the UCMJ, MCM,
Military Rules of Evidence.
407
00:23:06,225 --> 00:23:09,559
I will be. What I don't know,
my staff can research.
408
00:23:09,729 --> 00:23:13,098
You've done an admirable job
of painting Mr. Barry as--
409
00:23:13,274 --> 00:23:14,389
Corporal Barry.
410
00:23:15,526 --> 00:23:16,605
Thank you.
411
00:23:16,777 --> 00:23:20,229
Painting Corporal Barry
as a heroic righter of wrongs.
412
00:23:20,406 --> 00:23:22,778
All he lacks is a cape,
mask and sword.
413
00:23:24,869 --> 00:23:26,114
Here's your case files.
414
00:23:26,329 --> 00:23:28,617
Why did you abandon
the diminished capacity defence?
415
00:23:28,831 --> 00:23:31,037
I didn't. I augmented it.
416
00:23:31,250 --> 00:23:33,539
With an emotional appeal
to a military jury.
417
00:23:33,753 --> 00:23:35,377
Military people know better
than anyone
418
00:23:35,546 --> 00:23:37,918
the threats this country faces,
Ms. Ressler.
419
00:23:38,090 --> 00:23:40,498
They understand
why Corporal Barry did it.
420
00:23:40,718 --> 00:23:42,924
Don't they believe in laws
they're sworn to protect?
421
00:23:43,095 --> 00:23:44,506
Of course, they do.
422
00:23:44,680 --> 00:23:46,838
They also realise
that special circumstances
423
00:23:47,016 --> 00:23:48,676
require special actions.
424
00:23:48,851 --> 00:23:52,267
- Like shooting an unarmed man?
- What defence do you have in mind?
425
00:23:52,438 --> 00:23:55,688
I intend to show Corporal Barry
is a victim.
426
00:23:55,900 --> 00:23:57,560
Of?
427
00:23:59,069 --> 00:24:01,311
The military system.
428
00:24:04,116 --> 00:24:07,200
She's going for the abuse excuse?
That arrogant witch actually believes
429
00:24:07,369 --> 00:24:09,777
that she can finesse me
with a Twinkie defence.
430
00:24:09,955 --> 00:24:12,624
- I wouldn't underestimate her, Mac.
- Oh, don't worry. I won't.
431
00:24:12,791 --> 00:24:17,287
- I wanna know who hired her.
- Harm, stay out of it, please.
432
00:24:17,463 --> 00:24:20,832
I don't want a mistrial.
I'm taking that woman out.
433
00:24:21,425 --> 00:24:24,130
A little animosity going there, huh?
434
00:24:24,636 --> 00:24:28,337
For 14 weeks,
she humiliated me in class.
435
00:24:29,099 --> 00:24:31,886
We'II, I'm not a timid,
little second-year law student anymore.
436
00:24:32,060 --> 00:24:33,341
It's payback time.
437
00:24:34,563 --> 00:24:38,228
Dr. Nichols, you are a psychiatrist
and former Marine captain, correct?
438
00:24:38,442 --> 00:24:39,900
Yes. I served for ten years.
439
00:24:40,110 --> 00:24:43,894
Can you explain what happens
to a recruit, psychologically,
440
00:24:44,072 --> 00:24:45,614
when he goes
through Marine boot camp?
441
00:24:45,824 --> 00:24:48,196
Essentially, he's subjected
to a carefully planned barrage
442
00:24:48,368 --> 00:24:50,942
of physical, mental,
and emotional demands.
443
00:24:51,121 --> 00:24:52,200
Resulting in?
444
00:24:52,372 --> 00:24:55,741
A person with a great loyalty to the
Corps and a belief in Corps doctrine.
445
00:24:55,959 --> 00:24:57,868
It sounds like brainwashing.
446
00:24:59,212 --> 00:25:02,795
Would you say that Corporal Barry
displays loyalty to the Corps?
447
00:25:02,966 --> 00:25:05,635
Very much so,
but Corporal Barry is an extreme case.
448
00:25:05,802 --> 00:25:07,676
He took the indoctrination
a bit too far.
449
00:25:07,846 --> 00:25:08,877
In what way?
450
00:25:09,097 --> 00:25:11,386
The Marines teach,
there's two parts to a mission:
451
00:25:11,600 --> 00:25:14,387
Task and intent,
with intent the more important.
452
00:25:15,061 --> 00:25:17,220
Corporal Barry believes
that by killing the terrorist,
453
00:25:17,397 --> 00:25:19,105
he carried out
the intent of the mission.
454
00:25:19,274 --> 00:25:20,649
He protected his country.
455
00:25:20,859 --> 00:25:23,978
So the brainwashing
or indoctrination
456
00:25:24,154 --> 00:25:26,063
is the basic reason for his actions?
457
00:25:26,281 --> 00:25:28,439
It's certainly
a major contributing factor.
458
00:25:29,868 --> 00:25:33,367
Thank you, Dr. Nichols.
No further questions.
459
00:25:34,205 --> 00:25:36,992
Dr. Nichols, what did you do
before you joined up?
460
00:25:37,208 --> 00:25:38,406
What do you mean?
461
00:25:38,585 --> 00:25:41,076
Well, you ran with a gang, didn't you?
462
00:25:41,254 --> 00:25:43,045
- Yes, I did.
- And yet now you're an MD,
463
00:25:43,214 --> 00:25:46,500
a successful psychiatrist.
Why the turnaround?
464
00:25:46,676 --> 00:25:49,001
- I grew up.
- I see.
465
00:25:49,178 --> 00:25:51,504
Could it be that the honour,
the courage, the commitment,
466
00:25:51,723 --> 00:25:54,807
that the Marines instilled in you
helped you grow up?
467
00:25:55,018 --> 00:25:56,428
Absolutely, major.
468
00:25:56,602 --> 00:25:59,354
Well, it's nice to know
that Marine Corps brainwashing
469
00:25:59,522 --> 00:26:01,811
doesn't always turn out
crazed killers.
470
00:26:10,283 --> 00:26:14,115
- She's good. I'll give her that.
- Yeah, she is good, Mac.
471
00:26:14,287 --> 00:26:17,537
- You're better than she is.
- Commander.
472
00:26:17,707 --> 00:26:20,245
Was that a compliment?
473
00:26:20,418 --> 00:26:23,703
However you wanna take it.
Excuse me. I have to go.
474
00:26:45,192 --> 00:26:49,605
Major MacKenzie neutralised
your Dr. Nichols pretty good.
475
00:26:49,780 --> 00:26:53,114
I have more psychiatric experts.
476
00:26:53,284 --> 00:26:56,949
Five hundred dollars an hour
plus expenses,
477
00:26:57,121 --> 00:27:02,032
I hope they're more effective
than your former Marine, counsellor.
478
00:27:02,251 --> 00:27:03,662
Sir, you can't go in there.
479
00:27:05,838 --> 00:27:08,708
Commander Rabb,
don't tell me you followed me.
480
00:27:09,425 --> 00:27:11,916
I'm sorry, Mr. Bertram.
Should I call security?
481
00:27:12,136 --> 00:27:14,128
No, that's all right, Becky.
482
00:27:14,304 --> 00:27:16,760
Commander Rabb's
always welcome here.
483
00:27:18,517 --> 00:27:21,138
I don't believe
we've had the formalities.
484
00:27:21,311 --> 00:27:22,556
Percival Bertram.
485
00:27:22,729 --> 00:27:23,809
The mysterious benefactor
486
00:27:23,981 --> 00:27:25,808
who had me replaced
as defence counsel.
487
00:27:25,983 --> 00:27:29,149
Oh, no reflection
on your lawyering skills, commander,
488
00:27:29,319 --> 00:27:33,103
but there's no substitute
for experience.
489
00:27:33,282 --> 00:27:36,651
May I call you Harm?
My friends call me Bert.
490
00:27:36,827 --> 00:27:38,866
Really? They don't call you Percy?
491
00:27:40,414 --> 00:27:42,905
Not since I got rich and famous.
492
00:27:43,083 --> 00:27:46,250
Well,
I'm going to leave you boys alone,
493
00:27:46,420 --> 00:27:49,374
so that you can decide
whose is bigger.
494
00:27:49,965 --> 00:27:51,708
Have fun.
495
00:27:52,801 --> 00:27:55,837
There goes a good old gal.
496
00:27:56,012 --> 00:28:00,758
- She's a crackerjack attorney too.
- Crackerjack civilian attorney.
497
00:28:00,934 --> 00:28:03,603
That's what gives her an edge.
498
00:28:03,770 --> 00:28:07,020
She'll do anything for an acquittal.
499
00:28:07,190 --> 00:28:11,235
Even blame the military,
and that's a line that you won't cross.
500
00:28:11,778 --> 00:28:13,818
Why are you getting involved
in this, Mr. Bertram?
501
00:28:14,030 --> 00:28:17,150
Because I will not stand by
and watch that young patriot suffer
502
00:28:17,325 --> 00:28:21,453
for doing something
that none of us had the guts to do.
503
00:28:21,621 --> 00:28:24,492
Those people can attack us at will.
504
00:28:24,666 --> 00:28:28,533
Beirut, Khobar Towers,
World Trade Center, embassies,
505
00:28:28,712 --> 00:28:29,791
and now the Wake Island.
506
00:28:29,963 --> 00:28:32,501
We retaliated for the embassies,
Mr. Bertram.
507
00:28:32,674 --> 00:28:35,212
- We'll retaliate for Wake Island.
- How?
508
00:28:35,385 --> 00:28:38,090
By blowing up a pill factory
in the Sudan?
509
00:28:38,263 --> 00:28:41,133
By lobbing some missiles
into Afghanistan?
510
00:28:41,349 --> 00:28:44,267
We should be going
after their governments, their leaders.
511
00:28:44,477 --> 00:28:45,556
But what are we doing?
512
00:28:45,728 --> 00:28:47,555
We're going after
a bunch of ragtag gorillas
513
00:28:47,730 --> 00:28:49,604
stoking around in mountain caves.
514
00:28:50,316 --> 00:28:53,768
Their terrorism will not defeat us,
commander,
515
00:28:53,945 --> 00:28:56,317
but our complacency will.
516
00:28:56,531 --> 00:28:58,523
We've got to let those bastards know
517
00:28:58,700 --> 00:29:01,535
that there's no more
open season on Americans.
518
00:29:01,744 --> 00:29:05,956
We have the most powerful nation
on the face of the earth.
519
00:29:06,124 --> 00:29:10,453
And by the Lord God,
we're going hunting.
520
00:29:10,670 --> 00:29:14,584
Because we are the most
powerful nation on the earth, sir,
521
00:29:14,757 --> 00:29:15,836
we can't.
522
00:29:16,008 --> 00:29:19,757
Oh, come down from
your high moral ground, commander.
523
00:29:19,929 --> 00:29:23,974
- You know you agree with me.
- Part of me, maybe.
524
00:29:24,141 --> 00:29:29,432
But the other part, sir,
knows that we are a nation of laws,
525
00:29:29,605 --> 00:29:31,930
and that is what makes us great.
526
00:29:32,108 --> 00:29:34,147
Vigilantes like yourself
527
00:29:34,318 --> 00:29:36,643
are as dangerous to this country
as the terrorists.
528
00:29:36,862 --> 00:29:39,400
Because you believe that,
commander,
529
00:29:39,573 --> 00:29:42,409
that is why I had you replaced.
530
00:29:44,120 --> 00:29:46,361
Any more witnesses, Ms. Ressler?
531
00:29:46,539 --> 00:29:48,578
No, Your Honour. Defence rests.
532
00:29:48,749 --> 00:29:51,038
Major MacKenzie, are you ready
with closing arguments?
533
00:29:51,210 --> 00:29:53,119
Yes, Your Honour.
534
00:29:56,507 --> 00:30:01,216
There's a prevailing attitude out there
that someone or something else
535
00:30:01,387 --> 00:30:04,590
is responsible
for our wrongful conduct.
536
00:30:04,765 --> 00:30:06,046
Abusive parents,
537
00:30:06,767 --> 00:30:10,432
a cheating spouse,
postpartum depression.
538
00:30:10,604 --> 00:30:13,890
And now Ms. Ressler
has invented a new villain.
539
00:30:14,066 --> 00:30:16,059
Boot camp.
540
00:30:17,569 --> 00:30:19,194
But that's out there.
541
00:30:19,405 --> 00:30:20,733
This is the Marine Corps.
542
00:30:20,906 --> 00:30:23,527
We take responsibility
for our actions.
543
00:30:23,742 --> 00:30:25,818
Lives depend on it.
544
00:30:26,370 --> 00:30:28,528
Not one expert witness testified
545
00:30:28,705 --> 00:30:32,489
that Corporal Barry
has a mental illness.
546
00:30:32,668 --> 00:30:34,292
He's not a paranoid schizophrenic,
547
00:30:34,503 --> 00:30:37,954
a psychopath,
or a deviant of any kind.
548
00:30:38,924 --> 00:30:41,296
He's an angry young man
who decided--
549
00:30:41,468 --> 00:30:45,466
Decided to shoot an Arab.
550
00:30:47,474 --> 00:30:50,808
In our society, rage,
no matter how justified,
551
00:30:50,978 --> 00:30:53,978
is not a defence.
552
00:30:54,940 --> 00:30:57,561
You have only one recourse.
553
00:30:58,110 --> 00:31:02,902
To find Corporal Barry guilty
of premeditated murder.
554
00:31:08,453 --> 00:31:10,446
Oh, my God.
555
00:31:21,341 --> 00:31:23,832
Oh, my God. Someone--
556
00:31:28,390 --> 00:31:32,601
Yours is a proud
and honourable organisation.
557
00:31:32,769 --> 00:31:35,390
I am not here to malign the Corps.
558
00:31:35,563 --> 00:31:38,648
But if there is a flaw in the system,
559
00:31:38,817 --> 00:31:42,766
you must recognise it
before you can fix it.
560
00:31:42,946 --> 00:31:47,323
Marcus Barry
was stripped of his identity,
561
00:31:47,492 --> 00:31:50,659
and turned into a Marine.
562
00:31:51,329 --> 00:31:55,908
This should have been a good thing,
but something went awry.
563
00:31:56,084 --> 00:32:02,003
Along the way, he lost his innate sense
of right and wrong.
564
00:32:02,173 --> 00:32:05,423
Now, the question
you must ask yourselves is:
565
00:32:05,593 --> 00:32:10,302
Did Corporal Barry,
motivated by rage and hatred,
566
00:32:10,473 --> 00:32:13,178
kill the terrorist of his own free will?
567
00:32:13,351 --> 00:32:19,471
Or did he, driven by
an overwhelming sense of duty,
568
00:32:19,649 --> 00:32:25,105
instilled in him by the Corps,
impulsively kill the terrorist
569
00:32:25,279 --> 00:32:27,355
to save his country?
570
00:32:32,036 --> 00:32:33,945
Major MacKenzie.
571
00:32:34,830 --> 00:32:35,910
Nice closing.
572
00:32:36,582 --> 00:32:40,532
- Thank you. So was yours.
- You've become a fine lawyer, Sarah.
573
00:32:41,462 --> 00:32:43,704
But the world lost
a good lap dancer, right?
574
00:32:45,174 --> 00:32:48,460
That suggestion was not meant
to make you leave law school.
575
00:32:48,636 --> 00:32:51,553
It was meant
to provoke you to keep you in.
576
00:32:53,599 --> 00:32:55,841
See you tomorrow, counsellor.
577
00:33:36,061 --> 00:33:40,522
- Sir? I have the autopsy report.
- Thanks, Bud.
578
00:33:40,733 --> 00:33:42,476
You should have seen
Major MacKenzie today.
579
00:33:42,651 --> 00:33:45,569
- She was great.
- Oh, I bet she was.
580
00:33:45,779 --> 00:33:47,357
Is there something
I can help you with?
581
00:33:47,573 --> 00:33:50,360
Yeah, something doesn't jive here.
582
00:33:53,120 --> 00:33:54,579
There. That.
583
00:33:54,788 --> 00:33:56,781
Massive haemorrhaging.
Hemothorax.
584
00:33:57,457 --> 00:33:59,450
What does that mean to you?
585
00:33:59,626 --> 00:34:00,955
Lots of bleeding.
586
00:34:01,587 --> 00:34:03,912
- You nailed it, Bud.
- I did?
587
00:34:05,424 --> 00:34:07,001
Rabb.
588
00:34:08,468 --> 00:34:09,963
When?
589
00:34:12,055 --> 00:34:13,597
Thanks.
590
00:34:15,934 --> 00:34:18,639
The bombing at the American
Central Hotel in Riyadh.
591
00:34:18,812 --> 00:34:20,092
Forty people are dead.
592
00:34:26,611 --> 00:34:29,648
But I'm afraid that well
may be dry, sir.
593
00:34:29,823 --> 00:34:32,148
Yes, sir. We'll keep trying.
594
00:34:34,035 --> 00:34:37,985
- What do you want, commander?
- Show me the body.
595
00:34:38,164 --> 00:34:40,537
- What?
- Show me the body.
596
00:34:40,709 --> 00:34:42,867
I don't have time for this.
There was another bombing.
597
00:34:43,044 --> 00:34:45,714
I'm aware of that.
Show me the terrorist's body.
598
00:34:45,880 --> 00:34:47,624
- He was cremated.
- Bull.
599
00:34:47,841 --> 00:34:50,758
I'm getting tired of you calling me a liar.
Leave, I've got work to do.
600
00:34:50,927 --> 00:34:52,552
Produce the body.
601
00:34:53,805 --> 00:34:55,216
This isn't your case anymore.
602
00:34:55,432 --> 00:34:58,302
Who else knows about this?
SECNAV? Attorney general?
603
00:34:59,144 --> 00:35:00,852
They will.
604
00:35:23,835 --> 00:35:24,914
How did you know?
605
00:35:25,086 --> 00:35:28,455
I knew there was something wrong
with the shooting
606
00:35:28,631 --> 00:35:30,209
when I realised there was no blood.
607
00:35:30,425 --> 00:35:31,539
They had him in Kevlar.
608
00:35:32,343 --> 00:35:34,419
The bullets broke ribs
and knocked him unconscious,
609
00:35:34,595 --> 00:35:35,758
but the vest saved his life.
610
00:35:35,972 --> 00:35:38,344
Now, how long were you gonna
keep him under wraps, Novack?
611
00:35:39,267 --> 00:35:41,888
Until we found the person
that masterminded the attack.
612
00:35:42,437 --> 00:35:44,725
If he thinks we have Nasseen,
and we're questioning him,
613
00:35:44,897 --> 00:35:46,724
he'll go to ground.
We'll never catch him.
614
00:35:46,899 --> 00:35:48,559
That's why I need you
to keep this quiet.
615
00:35:48,776 --> 00:35:50,935
Corporal Barry
is up on murder charges.
616
00:35:51,153 --> 00:35:53,823
Hey, nobody told him
to shoot this guy.
617
00:35:53,990 --> 00:35:57,026
Look, Rabb, you could bust us
right now, but what will you gain?
618
00:35:57,201 --> 00:35:59,988
Well, at the very least,
I'd put an end to a bogus trial.
619
00:36:00,204 --> 00:36:02,742
Granted.
It would also blow our investigation.
620
00:36:02,915 --> 00:36:05,620
Where is your investigation
right now anyway, Novack?
621
00:36:08,129 --> 00:36:10,750
Nasseen's control was Assyrian.
No name.
622
00:36:10,923 --> 00:36:13,212
He gave Nasseen
200,000 American dollars.
623
00:36:13,426 --> 00:36:14,671
American, huh?
624
00:36:14,844 --> 00:36:16,967
Nasseen told us
where he stashed the money.
625
00:36:17,138 --> 00:36:18,680
We retrieved about half of it.
626
00:36:18,889 --> 00:36:20,549
Any chance of tracing
the serial numbers?
627
00:36:20,724 --> 00:36:21,804
We think so.
628
00:36:21,976 --> 00:36:25,095
Whatever bank gave him the money,
most likely recorded the numbers.
629
00:36:25,312 --> 00:36:27,886
Banks often do that
when there's a large cash withdrawal.
630
00:36:28,107 --> 00:36:30,645
Once we find the bank,
we can backtrack to the source.
631
00:36:30,860 --> 00:36:33,695
- Well, how long is that gonna take?
- A couple of days, maybe.
632
00:36:33,862 --> 00:36:36,353
Depending on how difficult
they made their financial conduits.
633
00:36:36,532 --> 00:36:38,857
Meanwhile, the guy
who masterminded this operation
634
00:36:39,034 --> 00:36:40,826
is out spreading terror elsewhere.
635
00:36:41,036 --> 00:36:43,954
All the more reason for you
to keep your mouth shut about this.
636
00:36:48,210 --> 00:36:49,752
We have to tell Admiral Morris.
637
00:36:49,962 --> 00:36:52,453
- Now, let's think about this.
- What's to think about?
638
00:36:52,631 --> 00:36:53,710
It's a mistrial.
639
00:36:53,882 --> 00:36:56,753
The government falsified evidence
and committed perjury.
640
00:36:56,927 --> 00:36:58,670
If Barry could sue us,
I'd take his case.
641
00:36:58,887 --> 00:37:01,010
Five minutes ago,
you wanted to hang him.
642
00:37:01,223 --> 00:37:03,097
Five minutes ago,
he was a murderer.
643
00:37:03,308 --> 00:37:05,301
It's only by chance he's not.
644
00:37:08,230 --> 00:37:10,721
Are you suggesting
we let the trial continue, sir?
645
00:37:10,899 --> 00:37:15,146
Of course not, but there is a greater
good to be considered here.
646
00:37:15,320 --> 00:37:20,029
There are also ethics involved, sir.
Some rules shouldn't be broken.
647
00:37:20,200 --> 00:37:22,738
- Mac.
- No, she has a point.
648
00:37:23,745 --> 00:37:28,324
Admiral, if I may suggest,
this really isn't our decision to make.
649
00:37:30,502 --> 00:37:32,578
- Set up the meeting.
- Aye, aye, sir.
650
00:37:36,424 --> 00:37:38,168
What is it, major?
651
00:37:39,928 --> 00:37:43,712
Sir, were you aware
that Nasseen was alive before today?
652
00:37:50,855 --> 00:37:53,144
No, major, I was not.
653
00:37:56,444 --> 00:37:59,398
- But in the kitchen, you--
- Is there something else?
654
00:38:00,615 --> 00:38:02,275
No, sir. Thank you, sir.
655
00:38:06,579 --> 00:38:09,153
I don't understand, sir.
You mean, I didn't kill anyone?
656
00:38:09,332 --> 00:38:12,286
The terrorist survived the shooting.
The FBI has him.
657
00:38:12,460 --> 00:38:15,165
- How long have you known this?
- We just found out.
658
00:38:15,338 --> 00:38:19,039
- The autopsy report?
- Phoney. Agent Novack misled us.
659
00:38:19,217 --> 00:38:20,332
How about out and out lied?
660
00:38:20,510 --> 00:38:23,677
Ms. Ressler,
I'm not gonna try to sugarcoat this.
661
00:38:23,846 --> 00:38:25,045
The government messed up.
662
00:38:25,223 --> 00:38:27,548
Obviously the murder charges
will be dropped.
663
00:38:27,767 --> 00:38:29,641
Obviously. What about assault?
664
00:38:29,811 --> 00:38:33,144
Any charges stemming
from the shooting will be thrown out.
665
00:38:33,314 --> 00:38:36,399
Of course,
he will be discharged from the Corps.
666
00:38:36,567 --> 00:38:40,351
Fine, then if you'll be so kind
as to release my client immediately.
667
00:38:40,530 --> 00:38:43,151
Oh, we can do that,
668
00:38:43,324 --> 00:38:45,566
but in order to catch the person
behind these bombings,
669
00:38:45,743 --> 00:38:48,281
we can't reveal
that the prisoner is alive.
670
00:38:48,454 --> 00:38:50,198
Are you saying
what I think you're saying?
671
00:38:50,373 --> 00:38:52,164
We wanna continue the trial,
ma'am.
672
00:38:52,375 --> 00:38:54,533
My client was looking
at a possible death penalty,
673
00:38:54,710 --> 00:38:56,952
while the government played
its spy games.
674
00:38:57,129 --> 00:38:59,799
- He's walking.
- Corporal.
675
00:39:01,509 --> 00:39:05,044
You can walk out that door right now
a free man,
676
00:39:05,221 --> 00:39:06,383
or you can stay and help us.
677
00:39:06,973 --> 00:39:08,218
Help you how, sir?
678
00:39:08,432 --> 00:39:11,006
Continue the trial through the verdict
and penalty phase.
679
00:39:11,227 --> 00:39:12,970
No. Absolutely not.
680
00:39:13,187 --> 00:39:16,223
There's a man out there
determined to kill--
681
00:39:16,691 --> 00:39:18,813
Determined to kill more Americans.
682
00:39:18,984 --> 00:39:21,522
I'm asking you to stay
and help us catch him.
683
00:39:21,737 --> 00:39:23,231
Permission to speak freely, admiral?
684
00:39:25,074 --> 00:39:27,113
Shooting that guy,
685
00:39:27,868 --> 00:39:28,947
I was wrong, sir.
686
00:39:29,703 --> 00:39:31,826
It's what they do.
I don't wanna be like them.
687
00:39:32,957 --> 00:39:35,080
Now you're telling me
I didn't kill anyone.
688
00:39:35,251 --> 00:39:37,409
It's like a second chance.
689
00:39:39,171 --> 00:39:42,540
Ma'am, thanks for your concern
and everything.
690
00:39:43,342 --> 00:39:44,670
This is something I've gotta do.
691
00:39:46,428 --> 00:39:49,928
- Of course I'll help you, sir.
- I won't be a part of this.
692
00:39:50,099 --> 00:39:51,641
Counsellor,
I don't need to remind you
693
00:39:51,809 --> 00:39:53,766
that everything you heard in here
is privileged.
694
00:39:53,936 --> 00:39:55,679
Don't worry, admiral.
I won't say anything.
695
00:39:55,854 --> 00:39:58,428
No one would believe me anyway.
696
00:40:00,192 --> 00:40:02,564
Let me know what the verdict is.
697
00:40:06,198 --> 00:40:08,107
Commander.
698
00:40:08,325 --> 00:40:09,867
Do you want your old job back, sir?
699
00:40:21,463 --> 00:40:22,661
I have news.
700
00:40:22,839 --> 00:40:24,631
- Not another bombing?
- No.
701
00:40:24,800 --> 00:40:27,207
- We back-trailed the money.
- Where?
702
00:40:27,386 --> 00:40:30,422
Washington, D.C.
First Merchants Bank.
703
00:40:30,597 --> 00:40:33,847
You know who has accounts
at First Merchants Bank?
704
00:40:36,937 --> 00:40:39,060
Commander Rabb
and Special Agent Novack, sir.
705
00:40:39,231 --> 00:40:42,018
Come in, gentlemen.
Have a seat.
706
00:40:42,192 --> 00:40:46,486
Well, I understand you're back
in the saddle with Corporal Barry.
707
00:40:46,655 --> 00:40:50,604
My little gal quit.
She didn't say why.
708
00:40:50,784 --> 00:40:52,942
Do you know why?
709
00:40:53,119 --> 00:40:56,370
Haven't a clue,
but you know what they say.
710
00:40:56,539 --> 00:40:59,410
Never a horse couldn't be rode,
never a rider couldn't be throwed.
711
00:41:02,712 --> 00:41:04,420
Well, then, what can I do for you?
712
00:41:04,589 --> 00:41:06,297
Well,
we have some news for you, sir.
713
00:41:06,508 --> 00:41:08,880
We know who financed
the Wake Island attack.
714
00:41:09,094 --> 00:41:12,712
- Really? Who?
- You.
715
00:41:12,889 --> 00:41:14,597
What in blazes
are you talking about?
716
00:41:14,808 --> 00:41:16,931
Three months ago,
you took a trip to Saudi Arabia.
717
00:41:17,143 --> 00:41:19,895
- That's right. A business trip. So?
- You met with someone there.
718
00:41:20,063 --> 00:41:21,806
- Who was it?
- A Saudi businessman.
719
00:41:21,981 --> 00:41:25,481
We formed a joint venture
to build factories in the Middle East.
720
00:41:25,652 --> 00:41:29,519
I was to provide the capital,
he was to provide the clients. So what?
721
00:41:29,739 --> 00:41:31,198
That businessman took your capital,
722
00:41:31,366 --> 00:41:33,691
and used it to finance
the Wake Island attack.
723
00:41:33,868 --> 00:41:37,154
- Probably the Central Hotel as well.
- I'm sure many more to come.
724
00:41:38,456 --> 00:41:39,535
I don't believe you.
725
00:41:39,707 --> 00:41:42,412
You wired $4 million
to a bank in Amsterdam.
726
00:41:42,585 --> 00:41:45,586
From there, the money was sent via
a letter of credit to a bank in Riyadh.
727
00:41:45,755 --> 00:41:48,791
The cash was withdrawn
and taken to Syria.
728
00:41:51,177 --> 00:41:52,719
Here's some of it back.
729
00:41:53,429 --> 00:41:56,549
We found it hidden
in an apartment in Damascus.
730
00:41:57,558 --> 00:41:59,218
Are you saying
that my money was used
731
00:41:59,393 --> 00:42:01,849
to finance terrorist attacks
on Americans?
732
00:42:02,021 --> 00:42:03,480
That's what we're saying.
733
00:42:12,323 --> 00:42:15,028
The man's name was Fazal Kasi.
734
00:42:18,079 --> 00:42:19,656
I talked to him this morning.
735
00:42:20,539 --> 00:42:24,833
Another cash transfer
is due within 48 hours.
736
00:42:25,002 --> 00:42:26,413
Fat chance.
737
00:42:29,381 --> 00:42:31,006
No, sir.
738
00:42:31,550 --> 00:42:32,713
Make that transfer.
739
00:42:52,279 --> 00:42:56,193
Intercept One, this is Control.Subject is leaving the bank.
740
00:42:56,367 --> 00:42:58,655
Ten four, Control. We've got him.
741
00:42:58,827 --> 00:43:03,121
Agent Novack just called.They have Fazal Kasi.
742
00:43:06,335 --> 00:43:07,663
Damn.
743
00:43:07,878 --> 00:43:10,334
There is one small wrinkle.
He's dead.
744
00:43:10,839 --> 00:43:14,255
FBI was about to apprehend him.
He was gunned down in a drive-by.
745
00:43:14,468 --> 00:43:15,713
Two bullets to the heart.
746
00:43:15,886 --> 00:43:18,507
- Are we sure that he's dead, sir?
- We're sure.
747
00:43:18,722 --> 00:43:20,513
- Who shot him?
- They don't know.
748
00:43:20,724 --> 00:43:21,969
Killers got away.
749
00:43:24,686 --> 00:43:26,762
At least there's one less terrorist
in the world.
750
00:43:27,606 --> 00:43:31,473
Yes, sir, and one more murderer.
61170
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