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( speaking native language )
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( grunts )
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( grunts )
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( speaking native language )
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Condor, this is Alpha Two.
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We have the package.
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Sync by honeybunny
www.addic7ed.com
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As you were.
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This morning the
President authorized
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the convening
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of a military tribunal.
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The tribunal will take place aboard the U.
S.S. Seahawk.
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The accused is a top
Al Qaeda leader named...
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Mustafa Atef.
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As you know, there hasn't been
a military tribunal
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in this country
for over 50 years.
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Now... I recognize the fact
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that defending this man
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the hardest thing
any of you have ever done.
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With that in mind,
I've decided to ask
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for a volunteer.
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Hell of a challenge, Commander.
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Well, sir, if it is
the admiral's wish
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I will do my best.
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Don't hear a volunteer in that.
Colonel?
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Um, like the commander,
I would do my best, sir.
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Well...
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I will not order this one.
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I'll defend him myself.
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Anyone for second chair?
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Admiral, I'd be privileged
if you'll have me.
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Done.
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Commander, you and
the colonel will prosecute.
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Prepare to leave tonight.
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Aye, aye, sir.
Yes, sir.
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Lieutenant Singer, in
my absence you will
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be in charge
of JAG administration.
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You will e-mail me
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sitreps twice a day
and decision documents
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with a single-page
cover summary.
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Aye, aye, sir.
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That'll be all.
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Nice move, sir.
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Move, Lieutenant?
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Wish I'd thought quick enough
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to volunteer for second chair.
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I spoke up because it's a chance
to be a part of history.
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Not to mention lots
of extra face time
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with the admiral, right, sir?
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Wrong, Lieutenant.
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That didn't enter into
my thinking at all.
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And you'll be
a much better officer
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when it stops
entering into yours.
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MacKENZIE:
How's your Fifth Amendment?
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Kind of a personal question,
isn't it?
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My constitutional law
could use a little work.
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And we'd better come
up with a game plan
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because you know the
admiral will have one.
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We don't leave for Andrews
until 2300.
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I'll order in so we can
do some issue spotting.
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Why don't I cook,
and then we can carpool?
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Yeah, all right.
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Sir, ma'am?
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I just want to say good luck.
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It's the first time
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I've ever wanted to prosecute
someone myself.
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I think anyone involved in 9-11
ought to be drawn and quartered.
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Is there anything you need to
prepare for your trip, Admiral?
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No.
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Perhaps some aspirin, sir.
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( sighs and chuckles )
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Thanks, Tiner.
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Aye, sir.
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Hey.
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Hey, I didn't want to
spill anything on it.
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Let me hang it up.
Thanks.
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Let me take that.
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Whoa... this is nice.
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Yeah, a little grilled salmon
and vegetables-- brain food.
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Great. Can I help?
Let me do something.
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No, it's all taken
care of-- have a seat.
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Okay.
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Well, the first issue is:
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Can the President hold
a military tribunal at all?
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Deciding criminal liability should
be a matter for the courts.
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Well, the answer is yes.
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During World War II,
six German saboteurs
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were tried and hanged
at a tribunal.
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The Supreme Court upheld it.
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00:05:11,900 --> 00:05:13,100
But during the Civil War
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the Supreme Court criticized
military tribunals.
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That's because they
included U.S. citizens.
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I think the President took
the curse off this thing, Mac
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when he excluded U.S.
Citizens at tribunals.
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These terrorists are fair game.
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00:05:24,400 --> 00:05:26,200
You may have convinced yourself
of that, Harm
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but that's got to be
their opening salvo.
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I don't think the admiral's going
to want to tell the judges
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they came all that
way for nothing.
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He'd lose and he knows it.
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00:05:32,200 --> 00:05:33,700
We have to be prepared
for it, anyway.
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That's a waste of time.
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We have very little to spare.
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The facts in this case
are so sensitive
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we don't even get them until
we're aboard the carrier.
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I'm going to pass on the
jurisdiction line of attack.
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My responsibility.
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Um, excuse me,
but who made you first chair?
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( chuckles )
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The admiral mentioned
my name first.
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So...?
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All right, all right,
I'll tell you what.
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We'll flip for it.
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Okay.
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You call it.
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Heads.
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( coin clattering )
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Oh!
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Ah. Sorry.
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You okay?
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Yeah, but I'm second chair.
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( chuckles )
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I'll be gentle.
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Don't be gentle.
Be good.
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ROBERTS:
Hi, sweetie.
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I'm dead tired
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but in a really good way.
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Miss you and A.J. like crazy.
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A.J. and I miss you, too.
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00:06:23,800 --> 00:06:26,200
Commander Rabb
and Colonel MacKenzie
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are on their way to you.
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I know. They should be here
within the hour.
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I can't wait.
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Be nice to see a familiar face.
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SINGER:
Lieutenant Sims...
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Is there something I can do
for you, Lieutenant?
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You can do your job
when you're on my time.
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SINGER:
Listen up!
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Contrary to what
some of you may think
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I am not the substitute teacher.
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While the admiral is away
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this place is going to run
smoothly and by the numbers.
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Tiner! Tiner!
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Yes, ma'am.
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With me.
Yes, ma'am.
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ROBERTS:
Still there?
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HARRIET:
I'm still here.
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How are things at JAG?
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00:07:05,200 --> 00:07:06,600
( alarm sounds )
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00:07:06,500 --> 00:07:07,800
What is that?
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00:07:07,800 --> 00:07:09,100
Fire drill, ma'am.
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Let's go, people!
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Secure classified material,
make an orderly exit.
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Do it quickly!
Quickly!
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MAN ( over P.A. ): Stand by on the flight deck!
Stand by on the flight deck!
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Judge Advocate General
arriving.
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Welcome aboard,
Admiral, Officers.
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Let's get on with
this, shall we?
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00:07:41,700 --> 00:07:43,200
By all means, Admiral.
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If you'll follow me, Lieutenant
Roberts will see to your staff.
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Good to see you again,
Petty Officer.
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I didn't know you'd been
assigned to the Seahawk.
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Yes, sir, as Lieutenant
Roberts' legalman.
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00:07:54,700 --> 00:07:57,200
Well, I hope you're keeping
your nose clean.
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00:07:57,100 --> 00:07:59,400
That's affirmative, sir.
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00:07:59,300 --> 00:08:00,300
Harriet never mentioned
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that Petty Officer Coates
was your legalman.
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00:08:01,800 --> 00:08:05,200
Well, I-I don't think
that I told her, ma'am.
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00:08:05,200 --> 00:08:08,500
Well, Lieutenant,
if you haven't... you better.
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Yes, sir.
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Here we are.
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Your desks are right over here.
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I'll get you all some coffee.
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Thanks, Jen.
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00:08:21,100 --> 00:08:23,200
Sir, ma'am, before we start
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can I ask how Harriet's doing?
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00:08:24,700 --> 00:08:27,000
She's doing fine, Bud.
Why?
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00:08:27,000 --> 00:08:29,900
Well, we exchange e-mails
about 20 times a day...
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00:08:29,800 --> 00:08:33,100
And yesterday, I asked how
everything was going at JAG
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and she said
that she was doomed.
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( chuckles )
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00:08:36,300 --> 00:08:38,400
I have two words for you, Bud:
Lieutenant Singer.
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The admiral left her in charge
of support staff.
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She's senior.
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That's a prescription
for disaster.
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It'll be all right.
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Oh, really?
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Are we talking about the same
wildly ambitious climber...
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Probably needs something
like this to see the light.
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Don't worry.
Let's talk about the case.
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Can you fill us in?
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Uh, absolutely, ma'am.
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Now, I haven't been part
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00:09:00,400 --> 00:09:04,800
of any of the interrogations,
but I have been briefed.
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00:09:04,600 --> 00:09:09,600
Now, the defendant's name
is Mustafa Atef.
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00:09:09,500 --> 00:09:12,300
He's a Saudi citizen and
a captain in the Saudi army.
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He was trained in England,
he speaks eight languages
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and, according to the best
information available
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Mustafa was also known
as "Monhadese."
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00:09:20,500 --> 00:09:21,700
"The architect."
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00:09:21,700 --> 00:09:22,800
And number three in Al Qaeda.
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He's head of their
training program.
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That's all the camps worldwide--
Mohandese designed them
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he set them up, he even
wrote the training manuals.
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00:09:29,900 --> 00:09:33,800
Busy man. Do we have anything
linking this Mohandese to 9-11?
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00:09:33,700 --> 00:09:36,600
Well, they're pretty sure
that he was part of 9-11, sir
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00:09:36,600 --> 00:09:39,300
but even proving that
Mustafa Atef, and Mohandese
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00:09:39,200 --> 00:09:41,200
are one and the same
won't be easy.
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00:09:58,900 --> 00:10:00,700
Evening, Admiral...
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00:10:00,600 --> 00:10:01,900
Commander.
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00:10:01,800 --> 00:10:03,900
Webb, I didn't know
you were on board.
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00:10:06,100 --> 00:10:09,300
I'm not.
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00:10:09,300 --> 00:10:12,100
He's all yours,
Admiral, Commander.
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00:10:16,400 --> 00:10:18,800
( heavy sigh )
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00:10:18,800 --> 00:10:21,200
Mr. Atef,
I'm Admiral Chegwidden
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00:10:21,200 --> 00:10:23,100
this is Commander Turner.
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00:10:23,100 --> 00:10:27,200
Whatever games you have
come to play, save them.
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00:10:27,100 --> 00:10:29,800
Nothing more will I tell you.
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00:10:29,800 --> 00:10:33,300
We're not here to interrogate
you, we're attorneys.
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00:10:33,200 --> 00:10:34,900
We came to defend you
of the war crimes
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00:10:34,900 --> 00:10:36,400
of which you've been charged.
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00:10:36,300 --> 00:10:40,300
Crimes.
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00:10:40,100 --> 00:10:43,800
Americans have the worst kind
of arrogance.
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00:10:43,800 --> 00:10:46,400
You think you alone
define truth.
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00:10:46,300 --> 00:10:50,300
It us for you to say what
is right and who is wrong.
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00:10:50,300 --> 00:10:52,400
No.
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00:10:52,400 --> 00:10:54,900
It is for Allah to say
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00:10:54,800 --> 00:10:57,600
and I require no defense.
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00:10:57,500 --> 00:11:00,600
Mr. Atef,
that's an excellent approach
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00:11:00,500 --> 00:11:02,900
if you want to be executed.
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00:11:15,900 --> 00:11:18,000
All rise.
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00:11:34,000 --> 00:11:35,600
Be seated.
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00:11:37,600 --> 00:11:39,600
Is the Government
ready to proceed?
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00:11:39,500 --> 00:11:41,400
If it please the court, Your Honor
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00:11:41,400 --> 00:11:43,000
I'd like to object to my client
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00:11:43,000 --> 00:11:45,500
being shackled like an animal.
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00:11:45,500 --> 00:11:47,400
It's unnecessary,
inhumane, and prejudicial.
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00:11:47,700 --> 00:11:51,300
RABB: Your Honor, the shackles
are there to ensure security
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00:11:51,200 --> 00:11:53,800
and proper order
during these proceedings.
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00:11:53,800 --> 00:11:55,500
Marines, remove the handcuffs,
leave the leg irons.
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00:11:55,400 --> 00:11:59,200
If there are any incidents,
they'll be put back on.
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00:11:59,100 --> 00:12:02,700
Ready, Commander.
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00:12:02,700 --> 00:12:05,500
Your Honor, the Government calls
Army Captain Dale Alexander.
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00:12:05,400 --> 00:12:07,900
Captain, what was your mission
on the night in question?
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00:12:07,900 --> 00:12:09,500
Please describe it
for the Court
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00:12:09,500 --> 00:12:10,800
in as much detail as possible.
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00:12:10,900 --> 00:12:13,800
To apprehend Mustafa Atef,
a.k.a. Mohandese, sir.
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00:12:13,700 --> 00:12:14,900
Objection.
Move to strike.
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00:12:15,000 --> 00:12:16,400
It's not been established that
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00:12:16,300 --> 00:12:18,500
Mr. Atef and Mohandese
are one and the same.
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00:12:18,500 --> 00:12:20,800
Sustained and stricken.
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00:12:20,700 --> 00:12:22,600
Continue, Captain.
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00:12:22,500 --> 00:12:25,500
Our A-team found
an unexploded GBU-15
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00:12:25,500 --> 00:12:28,000
just outside of Mazar-e-Sharif.
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00:12:28,000 --> 00:12:31,100
That's a 2,000-pound bomb--
could devastate the village.
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00:12:30,900 --> 00:12:32,800
My demolitions man
deactivated it safely.
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00:12:32,800 --> 00:12:34,400
The next day,
our guide told us that
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00:12:34,400 --> 00:12:36,300
the local warlord,
General Hassan Abdullah
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00:12:36,300 --> 00:12:38,000
was grateful and
wanted to see us.
260
00:12:38,000 --> 00:12:39,900
What did General Abdullah
have to say, Captain?
261
00:12:39,900 --> 00:12:41,100
CHEGWIDDEN: Objection.
Hearsay.
262
00:12:41,100 --> 00:12:43,200
Your Honor, this is not
a court-martial.
263
00:12:43,200 --> 00:12:44,900
The tribunal's
evidentiary rules
264
00:12:44,900 --> 00:12:45,900
expressly permit hearsay.
265
00:12:45,900 --> 00:12:47,200
Only that hearsay which appears
266
00:12:47,200 --> 00:12:49,400
credible and reliable--
this is neither.
267
00:12:49,400 --> 00:12:52,100
Your Honor, counsel is
getting ahead of himself.
268
00:12:52,000 --> 00:12:53,700
Our intent is to compensate for
269
00:12:53,700 --> 00:12:56,400
the fog of war, and to
provide a full and clear
270
00:12:56,300 --> 00:12:57,800
picture of the circumstances.
271
00:12:57,700 --> 00:13:00,500
That is what Captain Alexander's
testimony will do, sir.
272
00:13:00,500 --> 00:13:03,500
( whispering )
273
00:13:03,400 --> 00:13:04,800
We'll allow it.
274
00:13:04,900 --> 00:13:06,400
Thank you.
275
00:13:06,400 --> 00:13:08,600
Captain, what did General
Abdullah have to say?
276
00:13:08,600 --> 00:13:10,400
He said Mohandese
had contacted him
277
00:13:10,400 --> 00:13:12,500
for safe conduct
to the Pakistani border.
278
00:13:12,500 --> 00:13:13,900
To repay us for
saving the village
279
00:13:13,900 --> 00:13:15,800
General Abdullah gave us
the time and place
280
00:13:15,800 --> 00:13:16,800
to apprehend the accused.
281
00:13:16,900 --> 00:13:18,300
And is the man General Abdullah
282
00:13:18,200 --> 00:13:20,200
identified as Mohandese
in this courtroom?
283
00:13:20,100 --> 00:13:22,700
Yes, sir.
He's right there.
284
00:13:22,700 --> 00:13:23,800
Thank you, Captain.
285
00:13:23,900 --> 00:13:25,700
Nothing further.
286
00:13:25,700 --> 00:13:29,900
Captain Alexander,
I have here a dossier
287
00:13:29,800 --> 00:13:33,600
on General Abdullah
prepared by you.
288
00:13:33,400 --> 00:13:34,700
In it, you state that
289
00:13:34,700 --> 00:13:37,600
the General is a suspected
drug runner, don't you?
290
00:13:37,500 --> 00:13:38,600
Yes, sir.
291
00:13:38,700 --> 00:13:39,900
You also state that
292
00:13:39,900 --> 00:13:42,400
he had former close ties
to Al Qaeda, is that correct?
293
00:13:42,400 --> 00:13:43,500
Yes, sir.
294
00:13:43,500 --> 00:13:44,400
Makes him effective.
295
00:13:44,500 --> 00:13:45,700
Did it ever occur to you
296
00:13:45,700 --> 00:13:47,500
that he might have
something to gain
297
00:13:47,500 --> 00:13:48,700
by fingering someone else
298
00:13:48,700 --> 00:13:50,300
as Mohandese?
299
00:13:50,300 --> 00:13:51,300
Objection.
Argumentative.
300
00:13:51,400 --> 00:13:53,100
Sustained.
301
00:13:53,100 --> 00:13:59,000
If General Abdullah was sure
that Mr. Atef was Mohandese
302
00:13:58,800 --> 00:14:01,100
he could have captured
him himself, couldn't he?
303
00:14:01,000 --> 00:14:02,100
No, sir.
304
00:14:02,200 --> 00:14:03,700
Right now he's running
a detention camp
305
00:14:03,600 --> 00:14:05,300
processing captured Taliban
and Al Qaeda.
306
00:14:05,300 --> 00:14:11,500
Captain Alexander, can you say
with 100% certainty
307
00:14:11,300 --> 00:14:14,300
that Mr. Atef is Mohandese?
308
00:14:15,900 --> 00:14:17,200
No, sir.
309
00:14:17,300 --> 00:14:19,100
Thank you.
Nothing further.
310
00:14:19,100 --> 00:14:20,900
Redirect, Commander.
311
00:14:20,800 --> 00:14:22,100
Yes, Your Honor.
312
00:14:22,100 --> 00:14:24,600
Captain, did you stop at
said detention camp
313
00:14:24,600 --> 00:14:25,700
for Taliban and Al Qaeda
314
00:14:25,800 --> 00:14:27,300
while bringing the
accused to the ship?
315
00:14:27,300 --> 00:14:28,600
Yes, sir.
316
00:14:28,600 --> 00:14:30,600
Were your activities there
videotaped?
317
00:14:30,600 --> 00:14:32,200
Yes, sir.
Your Honor, I would like
318
00:14:32,300 --> 00:14:34,500
to draw the Court's attention
to the monitor on my left.
319
00:14:34,500 --> 00:14:38,700
MEN ( chanting ): Mohandese,
Mohandese, Mohandese, Mohandese...
320
00:14:45,300 --> 00:14:46,500
It seems the other detainees
321
00:14:46,500 --> 00:14:48,200
thought you had the right man,
Captain.
322
00:14:49,500 --> 00:14:51,700
Nothing further.
323
00:14:51,700 --> 00:14:54,500
Captain Alexander
324
00:14:54,300 --> 00:14:56,800
according to
your after-action report
325
00:14:56,700 --> 00:15:00,600
something happened right before
you apprehended Mr. Atef.
326
00:15:00,500 --> 00:15:02,200
Can you describe that for us,
please?
327
00:15:02,100 --> 00:15:04,200
Yes, sir.
328
00:15:04,100 --> 00:15:06,600
Just as we reached our vehicle
to exfiltrate the target area
329
00:15:06,600 --> 00:15:08,700
a sniper opened up.
330
00:15:10,300 --> 00:15:11,500
Take one; flank him.
331
00:15:11,400 --> 00:15:13,700
Trewick, follow me.
332
00:15:19,900 --> 00:15:21,900
When we reached
the sniper's position...
333
00:15:21,900 --> 00:15:24,500
he was gone.
334
00:15:24,500 --> 00:15:26,600
In fact, that sniper
could have been Mohandese
335
00:15:26,600 --> 00:15:28,600
and you wouldn't have known it,
would you?
336
00:15:28,600 --> 00:15:30,800
It's possible, sir,
but I believe...
337
00:15:30,800 --> 00:15:32,400
Thank you.
Nothing further.
338
00:15:32,500 --> 00:15:36,200
Uh, redirect again, Your Honor.
339
00:15:36,100 --> 00:15:38,400
Captain, who do you think
the sniper was?
340
00:15:38,400 --> 00:15:39,500
Could be anybody, sir.
341
00:15:39,500 --> 00:15:41,500
We encounter snipers
at least twice a day.
342
00:15:41,500 --> 00:15:43,200
Thank you. Nothing further.
343
00:15:45,600 --> 00:15:47,300
How do you think it went today?
344
00:15:47,300 --> 00:15:49,100
Will the Afghani
warlord testify?
345
00:15:49,000 --> 00:15:51,200
Can Mustafa Atef
really get a fair trial?
346
00:15:51,200 --> 00:15:52,400
He is getting a fair trial.
347
00:15:52,300 --> 00:15:53,400
We'll present our case
348
00:15:53,400 --> 00:15:55,200
the accused will receive
a vigorous defense
349
00:15:55,100 --> 00:15:56,900
and then the tribunal members
will decide.
350
00:15:56,900 --> 00:15:58,100
It's that simple.
Excuse us.
351
00:15:58,200 --> 00:15:59,900
How do you know
Mohandese is the man...
352
00:15:59,900 --> 00:16:02,000
Thanks. Anytime.
You okay?
353
00:16:02,000 --> 00:16:04,200
I will be as soon as
this bastard goes down.
354
00:16:04,100 --> 00:16:05,300
We have his confession.
355
00:16:05,300 --> 00:16:07,400
The moment the judges
hear it, he's done.
356
00:16:08,400 --> 00:16:11,500
You fought hard in there.
357
00:16:11,400 --> 00:16:14,400
Why?
358
00:16:14,400 --> 00:16:18,400
Mr. Atef, what happened
on September 11
359
00:16:18,300 --> 00:16:20,200
was reprehensible
360
00:16:20,200 --> 00:16:25,600
but our way of life
entitles you to a fair trial
361
00:16:25,500 --> 00:16:29,200
no matter how cowardly the act.
362
00:16:29,100 --> 00:16:33,200
A wise precaution for
a nation so morally corrupt.
363
00:16:33,000 --> 00:16:38,800
Want to know what I say
about September 11?
364
00:16:38,700 --> 00:16:42,900
Every single person who died
that day
365
00:16:42,700 --> 00:16:45,900
got exactly what they deserved.
366
00:16:47,400 --> 00:16:48,700
Sir.
367
00:16:48,800 --> 00:16:50,100
Admiral.
368
00:17:01,100 --> 00:17:03,600
Guard!
369
00:17:05,600 --> 00:17:07,900
Lieutenant... Singer.
370
00:17:07,900 --> 00:17:10,200
I'll be working out of here
for now, Petty Officer.
371
00:17:10,100 --> 00:17:12,500
Are you sure that's
such a good...
372
00:17:13,900 --> 00:17:15,500
Yes, ma'am.
373
00:17:15,400 --> 00:17:17,700
Send in Lieutenant Sims.
374
00:17:17,600 --> 00:17:19,600
Aye, aye, sir. Ma'am.
375
00:17:19,600 --> 00:17:20,800
Lieutenant?
376
00:17:25,700 --> 00:17:27,500
What are you doing
in the admiral's office?
377
00:17:27,500 --> 00:17:28,500
My job.
378
00:17:28,500 --> 00:17:31,400
I want a complete update
of all JAG instructions.
379
00:17:31,400 --> 00:17:34,100
That means
classified materials handling
380
00:17:34,100 --> 00:17:36,600
budgeting, personnel--
the whole nine yards
381
00:17:36,500 --> 00:17:39,200
and I want it on my desk
by the end of the week.
382
00:17:46,100 --> 00:17:47,700
Please state your name
and position.
383
00:17:47,600 --> 00:17:48,800
Clayton Webb
384
00:17:48,900 --> 00:17:50,700
Assistant Deputy Director
for Operations
385
00:17:50,700 --> 00:17:51,700
Southwest Asia.
386
00:17:51,700 --> 00:17:53,200
What is your role in this case?
387
00:17:53,200 --> 00:17:54,600
I developed the intelligence
388
00:17:54,500 --> 00:17:56,000
on the activities of Mohandese
389
00:17:55,900 --> 00:17:59,700
identifying him as a target
for Special Forces.
390
00:17:59,700 --> 00:18:02,200
Subsequently,
I supervised his interrogation.
391
00:18:02,100 --> 00:18:04,300
And did you learn anything
during this interrogation?
392
00:18:04,300 --> 00:18:06,600
The accused confessed
to being Mohandese
393
00:18:06,500 --> 00:18:10,400
and to directing the training of
roughly 4,000 Al Qaeda fighters.
394
00:18:10,400 --> 00:18:12,500
Including the individuals
responsible
395
00:18:12,500 --> 00:18:14,100
for the September 11 attacks
396
00:18:14,100 --> 00:18:17,500
on the World Trade Center
and the Pentagon?
397
00:18:18,400 --> 00:18:20,000
Yes.
398
00:18:20,000 --> 00:18:21,200
RABB:
Your Honor
399
00:18:21,200 --> 00:18:22,900
the transcript of
said interrogation
400
00:18:22,800 --> 00:18:24,200
is hereby offered
into evidence.
401
00:18:24,100 --> 00:18:25,300
Nothing further.
402
00:18:25,400 --> 00:18:26,900
SEBRING:
Defense, your witness.
403
00:18:30,000 --> 00:18:32,000
How long did it take Mr. Atef
to enter this confession?
404
00:18:32,100 --> 00:18:33,900
13 days.
405
00:18:33,900 --> 00:18:37,300
During that 13 days, what was
Mr. Atef's environment like?
406
00:18:37,200 --> 00:18:39,600
He was under
hostile interrogation.
407
00:18:39,600 --> 00:18:41,900
Can you elaborate
for us, Mr. Webb?
408
00:18:41,900 --> 00:18:45,000
Bright phosphorescent lights
on all day and all night.
409
00:18:45,000 --> 00:18:47,100
Loud, heavy metal music.
410
00:18:47,000 --> 00:18:50,400
Alternating extremes
of cold and heat.
411
00:18:50,300 --> 00:18:53,600
And did being sleep-deprived,
sore from restraints
412
00:18:53,600 --> 00:18:56,500
rattled by noise,
temperature and light
413
00:18:56,300 --> 00:18:59,100
get Mr. Atef
to confess?
414
00:18:59,100 --> 00:19:01,000
No.
415
00:19:01,000 --> 00:19:03,000
We introduced a Pentothal agent.
416
00:19:03,000 --> 00:19:04,200
Though Pentothal agents
417
00:19:04,200 --> 00:19:06,400
are commonly referred to
as "truth serums"
418
00:19:06,400 --> 00:19:08,100
are you aware that
a person could
419
00:19:08,200 --> 00:19:10,400
still confess to something
they didn't do
420
00:19:10,400 --> 00:19:11,600
just to be let alone?
421
00:19:11,500 --> 00:19:14,000
Objection. Counsel is providing
his own testimony.
422
00:19:14,000 --> 00:19:15,300
Withdrawn.
423
00:19:15,300 --> 00:19:17,200
Thank you, Mr. Webb.
424
00:19:17,200 --> 00:19:18,500
Redirect, Colonel?
425
00:19:18,600 --> 00:19:20,600
No, Your Honor.
426
00:19:20,500 --> 00:19:21,600
Very well.
427
00:19:21,600 --> 00:19:22,900
You may step down,
Mr. Webb.
428
00:19:23,000 --> 00:19:24,700
Thank you.
429
00:19:29,200 --> 00:19:31,000
Your Honor, I must move
430
00:19:31,000 --> 00:19:33,800
to exclude Mustafa Atef's
confession.
431
00:19:33,800 --> 00:19:35,700
13 days of torture to obtain
432
00:19:35,700 --> 00:19:37,400
an involuntary confession
433
00:19:37,300 --> 00:19:38,500
shocks the conscience
434
00:19:38,500 --> 00:19:40,800
violating both
the spirit and the letter
435
00:19:40,800 --> 00:19:42,200
of the Fifth Amendment.
436
00:19:42,200 --> 00:19:44,300
Your Honor, I strongly object
to the word "torture."
437
00:19:44,300 --> 00:19:45,700
At no time was
the accused beaten
438
00:19:45,700 --> 00:19:49,000
or was there ever any
intentional infliction of pain.
439
00:19:48,900 --> 00:19:50,200
Furthermore, Your Honor
440
00:19:50,200 --> 00:19:52,200
we are at war, and
the Fifth Amendment
441
00:19:52,100 --> 00:19:53,400
does not apply to our enemies.
442
00:19:53,400 --> 00:19:54,600
The very idea is ridiculous.
443
00:19:54,700 --> 00:19:56,000
Agreed. Defense...
444
00:19:56,000 --> 00:19:58,800
Your Honor, I'm going to have
to call for a vote on this.
445
00:19:58,700 --> 00:20:02,200
( all whispering )
446
00:20:09,100 --> 00:20:10,700
The Government is correct.
447
00:20:10,700 --> 00:20:13,500
The Fifth Amendment
does not apply here.
448
00:20:13,500 --> 00:20:16,700
However, this commission
is going to exclude
449
00:20:16,700 --> 00:20:18,800
Mr. Atef's involuntary
confession as lacking
450
00:20:18,700 --> 00:20:20,500
probative value
to a reasonable person
451
00:20:20,500 --> 00:20:22,100
under the described
circumstances.
452
00:20:22,100 --> 00:20:23,300
Continue.
453
00:20:23,300 --> 00:20:25,600
RABB: Your Honor, the
Government rests
454
00:20:25,500 --> 00:20:26,700
but we reserve the right, sir
455
00:20:26,700 --> 00:20:28,200
to call new witnesses
in rebuttal.
456
00:20:28,100 --> 00:20:30,700
Noted. Will the defense be
presenting evidence?
457
00:20:30,700 --> 00:20:32,100
Yes, Your Honor.
Very well.
458
00:20:32,100 --> 00:20:34,600
We'll recess and begin
hearing the defense case
459
00:20:34,600 --> 00:20:36,500
at 1330... sharp.
460
00:20:36,500 --> 00:20:38,500
( gavel bangs )
461
00:20:38,500 --> 00:20:39,500
That was big.
462
00:20:39,500 --> 00:20:40,600
Without the confession
463
00:20:40,600 --> 00:20:42,600
the I.D. as Mohandese
might not stand up.
464
00:20:42,600 --> 00:20:44,700
Yeah, it just might be enough
for reasonable doubt.
465
00:20:44,700 --> 00:20:47,000
We could put the warlord
who made the I.D. on the stand.
466
00:20:47,000 --> 00:20:48,900
With his past history?
467
00:20:49,000 --> 00:20:50,100
( footsteps )
468
00:20:56,000 --> 00:20:58,100
Look at that guy.
469
00:20:58,000 --> 00:21:00,100
Wait a minute.
470
00:21:00,100 --> 00:21:03,600
There were dozens of prisoners
chanting his name on the tape.
471
00:21:03,500 --> 00:21:05,500
Maybe we can flip one of them
to corroborate.
472
00:21:05,500 --> 00:21:07,700
Maybe.
473
00:21:26,200 --> 00:21:27,200
( knocking )
474
00:21:27,300 --> 00:21:28,800
CAPTAIN JOHNSON:
Enter.
475
00:21:28,800 --> 00:21:30,800
Excuse us, Skipper...
476
00:21:30,800 --> 00:21:33,400
Sir, we wanted
to request permission
477
00:21:33,400 --> 00:21:34,700
to go ashore.
478
00:21:34,700 --> 00:21:37,200
We need a witness to corroborate
the I.D. on Mohandese.
479
00:21:37,100 --> 00:21:39,600
We want to look in General
Abdullah's detention camp.
480
00:21:39,600 --> 00:21:41,000
Well, Mr. Webb here is looking
481
00:21:41,000 --> 00:21:42,700
for transportation
to the same place.
482
00:21:42,700 --> 00:21:44,700
Please, sit down.
483
00:21:47,800 --> 00:21:48,800
All right.
484
00:21:48,800 --> 00:21:51,100
This can't leave the room.
485
00:21:51,000 --> 00:21:53,800
We believe the sniper
in question
486
00:21:53,600 --> 00:21:56,500
is Mustafa Atef's
brother, Kabir.
487
00:21:56,500 --> 00:21:57,600
Why?
488
00:21:57,600 --> 00:22:00,300
He's Al Qaeda's top
intelligence operative.
489
00:22:00,300 --> 00:22:03,700
He probably got wind of our
plan to apprehend Mustafa.
490
00:22:03,700 --> 00:22:04,900
But got there too late.
491
00:22:04,800 --> 00:22:05,800
Exactly.
492
00:22:05,800 --> 00:22:07,400
Like his brother, Mustafa
493
00:22:07,300 --> 00:22:10,000
Kabir was trained by us
and the British.
494
00:22:09,900 --> 00:22:11,400
Ex-Saudi intelligence.
495
00:22:11,400 --> 00:22:13,400
He's an accomplished marksman.
496
00:22:13,300 --> 00:22:15,000
He's supported by a cadre
497
00:22:15,000 --> 00:22:16,100
of loyal operatives
498
00:22:16,100 --> 00:22:18,100
and a web
of intelligence contacts
499
00:22:18,100 --> 00:22:19,100
that span the globe.
500
00:22:19,100 --> 00:22:21,300
I wish we'd known
about this earlier, Webb.
501
00:22:22,600 --> 00:22:25,300
Kabir was seen last week
in Pakistan.
502
00:22:25,200 --> 00:22:27,700
NSA picked up an escalation
of encrypted communication
503
00:22:27,500 --> 00:22:30,300
between Afghanistan,
Pakistan and Iran.
504
00:22:30,200 --> 00:22:34,200
The sheer volume of it suggests
a prelude to an attack.
505
00:22:34,100 --> 00:22:35,600
NSA hasn't decrypted it?
506
00:22:35,600 --> 00:22:36,600
They will.
507
00:22:36,500 --> 00:22:37,700
What really concerns me
508
00:22:37,800 --> 00:22:39,000
is that Mustafa Atef knew
509
00:22:39,000 --> 00:22:41,800
staying in country was a big
risk but he didn't leave.
510
00:22:41,700 --> 00:22:43,800
He was waiting for Kabir
to get back from Pakistan?
511
00:22:43,800 --> 00:22:44,900
ROBERTS:
That information
512
00:22:44,900 --> 00:22:47,200
must have been
awfully important, ma'am.
513
00:22:47,200 --> 00:22:48,700
Which makes it important
to us, vital.
514
00:22:48,700 --> 00:22:51,000
Now, I just ordered a sweep
that netted a lot of Al Qaeda
515
00:22:51,000 --> 00:22:52,600
in the same vicinity
we got Mustafa.
516
00:22:52,700 --> 00:22:54,300
There's a good chance
Kabir was picked up
517
00:22:54,300 --> 00:22:56,400
and is sitting in General
Abdullah's camp right now.
518
00:22:56,400 --> 00:22:58,600
I'll spare you a helo.
519
00:22:58,500 --> 00:22:59,500
Let's go, Webb.
520
00:22:59,400 --> 00:23:01,200
Oh, hold on.
You're First Chair.
521
00:23:01,300 --> 00:23:02,200
Good thinking.
522
00:23:02,200 --> 00:23:04,000
You take over till I get back.
523
00:23:03,900 --> 00:23:05,200
Sir?
524
00:23:05,300 --> 00:23:07,500
Colonel MacKenzie is
fluent in Farsi.
525
00:23:09,800 --> 00:23:11,400
That's true.
526
00:23:11,300 --> 00:23:13,300
All right, Colonel, you go.
527
00:23:13,200 --> 00:23:16,000
Outstanding.
Let's get it in gear, Webb.
528
00:23:16,000 --> 00:23:17,800
Captain.
529
00:23:22,600 --> 00:23:24,600
I have a Ph.D.
In international relations
530
00:23:24,600 --> 00:23:26,200
and a Master of Laws
from Oxford
531
00:23:26,200 --> 00:23:28,000
where I've taught
international law
532
00:23:27,900 --> 00:23:30,100
and military justice
for the last 30 years.
533
00:23:30,100 --> 00:23:32,300
Professor Sinclair,
what constitutes
534
00:23:32,200 --> 00:23:35,000
a legal combatant under
the Geneva Convention?
535
00:23:35,000 --> 00:23:38,100
SINCLAIR: A member of the armed
forces or militia of the territory
536
00:23:38,000 --> 00:23:39,400
who wears distinctive insignia
537
00:23:39,500 --> 00:23:40,800
or carries arms openly
538
00:23:40,800 --> 00:23:42,700
conducts operations
in accordance
539
00:23:42,700 --> 00:23:44,700
with the laws
and customs of war.
540
00:23:44,600 --> 00:23:46,600
Can a legal combatant
who follows
541
00:23:46,600 --> 00:23:50,200
the laws of war be subject
to a commission such as this?
542
00:23:50,100 --> 00:23:51,100
No.
543
00:23:51,000 --> 00:23:52,300
The government hasn't proven
544
00:23:52,400 --> 00:23:54,500
that Mr. Atef is Mohandese
545
00:23:54,400 --> 00:23:56,700
but for the sake of argument
546
00:23:56,700 --> 00:23:58,700
let's discuss Mohandese.
547
00:23:58,700 --> 00:24:02,400
In your expert opinion
does Mohandese fit
548
00:24:02,300 --> 00:24:05,100
the requirements
for a legal combatant?
549
00:24:05,000 --> 00:24:07,400
Indeed, Al Qaeda is
a militia group
550
00:24:07,400 --> 00:24:08,600
of international membership
551
00:24:08,600 --> 00:24:10,200
akin to the French
Foreign Legion.
552
00:24:10,200 --> 00:24:12,700
Mohandese was known to wear
a braided officer's cap
553
00:24:12,600 --> 00:24:14,900
and to carry a pistol
at his hip.
554
00:24:14,800 --> 00:24:18,300
If Mohandese was connected
to the September 11 attacks
555
00:24:18,200 --> 00:24:21,400
would that action be contrary
to the laws of war?
556
00:24:21,300 --> 00:24:22,600
No.
557
00:24:22,600 --> 00:24:25,300
The World Trade Center could be
characterized as key
558
00:24:25,100 --> 00:24:28,400
to U.S. financial infrastructure
and thus key to its war effort.
559
00:24:28,400 --> 00:24:29,900
Obviously, there's no question
560
00:24:29,900 --> 00:24:31,900
that the Pentagon was
a military target.
561
00:24:31,900 --> 00:24:35,700
Thank you.
Nothing further.
562
00:24:35,600 --> 00:24:40,300
Professor, is your contention
that the braided officer's cap
563
00:24:40,000 --> 00:24:43,900
Mohandese often wore was
distinctive military insignia?
564
00:24:43,900 --> 00:24:46,000
Yes, and he wore it every day.
565
00:24:45,900 --> 00:24:47,700
Professor, I would bet
that you wear
566
00:24:47,700 --> 00:24:49,400
a jacket and a tie
most every day.
567
00:24:49,400 --> 00:24:50,500
Would that be correct?
568
00:24:50,600 --> 00:24:51,900
Yes.
569
00:24:51,900 --> 00:24:53,900
But you wouldn't consider that
570
00:24:53,900 --> 00:24:55,000
a military uniform, would you?
571
00:24:54,900 --> 00:24:56,200
I am an academic, not a soldier.
572
00:24:56,300 --> 00:24:58,200
Well, Mohandese is not
a soldier, Professor--
573
00:24:58,200 --> 00:24:59,300
he's a terrorist.
574
00:24:59,300 --> 00:25:01,100
CHEGWIDDEN: Objection!
Withdrawn.
575
00:25:01,200 --> 00:25:03,400
Professor, the faet
that Mohandese wore
576
00:25:03,400 --> 00:25:04,800
a particular item
of clothing every day
577
00:25:04,800 --> 00:25:06,200
does not,
under the Geneva Convention
578
00:25:06,200 --> 00:25:08,400
make it
a military uniform, does it?
579
00:25:09,300 --> 00:25:11,100
No.
580
00:25:11,100 --> 00:25:14,100
You also testified that the
custom of war allows for
581
00:25:14,100 --> 00:25:17,400
the hitting of infrastructure,
but doesn't that pertain
582
00:25:17,200 --> 00:25:20,300
to infrastructure directly
related to a war effort?
583
00:25:20,200 --> 00:25:22,000
Yes.
584
00:25:21,900 --> 00:25:23,100
But there was no war at the time
585
00:25:23,100 --> 00:25:24,500
of the September 11 attacks,
was there?
586
00:25:24,600 --> 00:25:26,000
There was for Al Qaeda.
587
00:25:25,900 --> 00:25:27,500
The jihad that has existed
588
00:25:27,500 --> 00:25:29,400
since the occupation
of Palestine.
589
00:25:29,400 --> 00:25:30,900
Still, the Geneva Convention
590
00:25:31,000 --> 00:25:34,100
expressly forbids the taking
of hostages, doesn't it?
591
00:25:33,900 --> 00:25:37,100
Yes, but I am not aware that
any hostages were taken.
592
00:25:37,100 --> 00:25:39,600
There were several hundred men,
women and children
593
00:25:39,500 --> 00:25:40,600
aboard the four aircraft
594
00:25:40,600 --> 00:25:42,800
that were hijacked by
the Al Qaeda terrorists.
595
00:25:42,800 --> 00:25:44,700
Are you telling this commission
they weren't hostages?
596
00:25:44,700 --> 00:25:46,400
There was never any ransom
597
00:25:46,300 --> 00:25:49,100
or demand made to indicate
that the individuals
598
00:25:49,000 --> 00:25:52,100
aboard those aircraft
were intended to be hostages.
599
00:25:52,000 --> 00:25:53,200
Are you kidding me?
600
00:25:53,200 --> 00:25:54,800
Objection! Argumentative.
601
00:25:54,800 --> 00:25:58,200
I have no further questions,
Your Honor.
602
00:26:13,300 --> 00:26:16,000
Clayton Webb, here to see
General Abdullah.
603
00:26:19,100 --> 00:26:22,400
( rifle cocking )
604
00:26:23,600 --> 00:26:25,600
( speaking Farsi )
605
00:26:27,100 --> 00:26:28,200
Colonel MacKenzie.
606
00:26:28,300 --> 00:26:30,200
Gunny, what are you doing here
607
00:26:30,200 --> 00:26:32,600
and when did you learn
to speak Farsi?
608
00:26:32,600 --> 00:26:33,600
( speaking Farsi )
609
00:26:33,600 --> 00:26:35,500
Nice of you to call
it Farsi, ma'am.
610
00:26:35,400 --> 00:26:36,500
WEBB:
That's right.
611
00:26:36,500 --> 00:26:37,600
You're with JAG in Washington.
612
00:26:37,600 --> 00:26:38,500
Yes, sir.
613
00:26:38,600 --> 00:26:39,500
Before there was a war on.
614
00:26:39,600 --> 00:26:40,800
It's good to see you, Gunny.
615
00:26:40,700 --> 00:26:41,700
Good to see you, ma'am.
616
00:26:41,700 --> 00:26:42,800
Excuse my appearance.
617
00:26:42,800 --> 00:26:44,500
I just came in off patrol
for some sleep and chow
618
00:26:44,500 --> 00:26:45,600
then I'm back out tomorrow.
619
00:26:45,600 --> 00:26:47,000
You looked dressed
for Special Ops.
620
00:26:47,000 --> 00:26:48,100
Is that so, ma'am?
621
00:26:48,200 --> 00:26:49,500
So, how's everybody
back at JAG?
622
00:26:49,500 --> 00:26:50,800
Well, the Admiral's
doing great.
623
00:26:50,800 --> 00:26:53,400
Lieutenant Roberts snagged
carrier JAG aboard the Seahawk.
624
00:26:53,300 --> 00:26:54,500
And Harm is, you know, Harm.
625
00:26:54,600 --> 00:26:55,500
Yeah.
626
00:26:55,500 --> 00:26:56,400
How are you doing?
627
00:26:56,500 --> 00:26:57,500
Never been better.
628
00:26:57,500 --> 00:26:59,800
Excuse me, where can we
find General Abdullah?
629
00:26:59,800 --> 00:27:01,100
I'll take you there, sir.
630
00:27:01,100 --> 00:27:02,100
Thank you.
631
00:27:07,400 --> 00:27:08,700
You're a woman.
632
00:27:08,700 --> 00:27:11,000
Last time I checked, General.
633
00:27:11,000 --> 00:27:12,200
( speaking Farsi )
634
00:27:12,200 --> 00:27:13,600
I'm Colonel MacKenzie.
635
00:27:13,700 --> 00:27:14,900
( speaking Farsi )
636
00:27:14,900 --> 00:27:17,700
And you, friend Webb,
what can I do for you?
637
00:27:17,700 --> 00:27:19,400
I'm looking for Kabir Atef.
638
00:27:19,300 --> 00:27:21,500
Can you identify him
if he's here?
639
00:27:21,500 --> 00:27:22,500
I regret I cannot.
640
00:27:22,500 --> 00:27:23,700
Kabir has many faces.
641
00:27:23,800 --> 00:27:25,200
We have 40 new prisoners.
642
00:27:25,200 --> 00:27:27,800
Even if he was among them,
I would not know.
643
00:27:27,800 --> 00:27:29,400
MacKENZIE:
Can we interview
644
00:27:29,400 --> 00:27:31,000
the prisoners one at a time?
645
00:27:31,000 --> 00:27:33,300
I am afraid few speak English.
646
00:27:33,200 --> 00:27:34,700
( speaking Farsi )
647
00:27:34,700 --> 00:27:37,100
The Red Cross
is checking on them now
648
00:27:37,000 --> 00:27:39,300
so I will show you
to your quarters.
649
00:27:39,300 --> 00:27:41,300
In the morning,
I will see to it
650
00:27:41,200 --> 00:27:43,200
all the prisoners are made
available to you.
651
00:27:43,100 --> 00:27:44,300
Come.
652
00:27:46,900 --> 00:27:49,100
( knocking )
653
00:27:49,100 --> 00:27:50,300
Enter.
654
00:27:51,200 --> 00:27:52,200
Evening, sir.
655
00:27:52,300 --> 00:27:54,400
I just got word that
Colonel MacKenzie made
656
00:27:54,300 --> 00:27:55,800
her regular
scheduled check-in.
657
00:27:55,800 --> 00:27:57,900
All is proceeding
on mission, sir.
658
00:27:57,900 --> 00:27:58,800
Thank you.
659
00:27:58,800 --> 00:28:00,400
Commander, I was wondering
660
00:28:00,400 --> 00:28:02,100
if maybe you'd want to take
661
00:28:02,100 --> 00:28:04,100
a break and have a game
of chess?
662
00:28:04,000 --> 00:28:05,000
Winner plays me.
663
00:28:05,000 --> 00:28:07,100
Oh, she's good, sir,
but beatable.
664
00:28:07,100 --> 00:28:08,400
No, thank you.
665
00:28:08,400 --> 00:28:09,900
That'll be all.
666
00:28:09,800 --> 00:28:11,300
Aye, aye, sir.
667
00:28:16,700 --> 00:28:17,600
He's mad at me.
668
00:28:17,700 --> 00:28:19,000
Sir, he's just busy.
669
00:28:18,900 --> 00:28:21,900
No, I've seen him busy,
I've seen him stressed
670
00:28:21,900 --> 00:28:23,800
I've seen him damn near dead.
671
00:28:23,800 --> 00:28:26,500
He's never talked to me
like this before.
672
00:28:26,400 --> 00:28:29,000
The Defense recalls
Captain Dale Alexander.
673
00:28:35,200 --> 00:28:39,000
Captain Alexander,
are you a terrorist?
674
00:28:38,900 --> 00:28:40,700
RABB: Objection.
Argumentative and calls
675
00:28:40,700 --> 00:28:41,700
for a conclusion.
676
00:28:41,600 --> 00:28:43,200
Your Honor, I'm developing testimony
677
00:28:43,300 --> 00:28:44,200
from a hostile witness.
678
00:28:44,200 --> 00:28:45,600
If I might have
a little latitude.
679
00:28:45,700 --> 00:28:47,200
A little, Commander.
680
00:28:47,200 --> 00:28:49,500
Captain, are you a terrorist?
681
00:28:49,400 --> 00:28:50,600
No, sir.
682
00:28:50,500 --> 00:28:52,200
As an Army Special
Forces Officer
683
00:28:52,200 --> 00:28:53,600
what is your primary mission?
684
00:28:53,600 --> 00:28:56,800
To train indigenous forces
in unconventional warfare.
685
00:28:56,700 --> 00:29:00,000
Does that training include how
and where to place land mines?
686
00:29:00,000 --> 00:29:01,600
It can, sir.
687
00:29:01,500 --> 00:29:04,200
Do you teach the use and
construction of booby traps?
688
00:29:04,100 --> 00:29:05,200
Sometimes, sir.
689
00:29:05,200 --> 00:29:07,100
Are you aware that land
mines and booby traps
690
00:29:07,100 --> 00:29:09,700
can injure innocent
noncombatants?
691
00:29:09,500 --> 00:29:11,400
Any weapons system can.
692
00:29:11,400 --> 00:29:15,900
But many land mine
and booby traps can't be aimed
693
00:29:15,700 --> 00:29:18,100
to avoid injuries
to noncombatants
694
00:29:18,000 --> 00:29:19,200
can they?
695
00:29:19,300 --> 00:29:20,600
That's true, sir.
696
00:29:20,600 --> 00:29:22,300
But our mines have
self-deactivating
697
00:29:22,300 --> 00:29:24,100
self-destructing mechanisms.
698
00:29:24,100 --> 00:29:28,100
And booby traps are confined to
only threat-rich environments.
699
00:29:28,000 --> 00:29:31,300
Still, anytime you teach the use
of a land mine or a booby trap
700
00:29:31,200 --> 00:29:32,500
you may also be teaching
701
00:29:32,500 --> 00:29:34,500
the killing
of noncombatants, correct?
702
00:29:34,500 --> 00:29:36,200
Your Honor, argumentative
703
00:29:36,200 --> 00:29:38,400
and Captain Alexander
is not on trial here.
704
00:29:38,400 --> 00:29:40,200
Withdrawn.
One final question.
705
00:29:40,200 --> 00:29:43,100
On certain operations,
Special Forces personnel
706
00:29:43,100 --> 00:29:44,300
remove all insignia.
707
00:29:44,200 --> 00:29:47,100
Your dog tags, anything
that could identify you.
708
00:29:47,100 --> 00:29:48,200
Is that correct?
709
00:29:48,200 --> 00:29:49,800
That's classified, sir.
710
00:29:49,900 --> 00:29:53,700
Let the record reflect
that was not a "no."
711
00:29:53,500 --> 00:29:54,900
Nothing further.
712
00:29:54,900 --> 00:29:57,300
Commander Rabb.
713
00:29:57,300 --> 00:29:58,700
I have one question, Captain.
714
00:29:58,700 --> 00:30:01,800
Have you ever trained troops
to use land mines or booby traps
715
00:30:01,800 --> 00:30:04,100
in an area where there were
only noncombatants?
716
00:30:04,100 --> 00:30:07,000
No, sir.
Thank you, Captain.
717
00:30:07,000 --> 00:30:08,200
Nothing further.
718
00:30:08,100 --> 00:30:09,300
Defense rests, Your Honor.
719
00:30:09,200 --> 00:30:11,400
Thank you, Captain.
720
00:30:11,400 --> 00:30:13,300
You may step down.
721
00:30:13,400 --> 00:30:16,000
Your Honor, the Government calls
722
00:30:15,900 --> 00:30:19,300
rebuttal witness Mustafa Atef
to the stand.
723
00:30:19,200 --> 00:30:21,600
The Defense opposes that,
Your Honor.
724
00:30:21,600 --> 00:30:22,800
The Commission
has already ruled
725
00:30:22,800 --> 00:30:24,300
the Fifth Amendment
does not apply here.
726
00:30:24,300 --> 00:30:25,700
The only evidentiary standard
727
00:30:25,800 --> 00:30:27,900
is probative value
to a reasonable person.
728
00:30:27,800 --> 00:30:30,000
What could be more probative
729
00:30:29,900 --> 00:30:31,800
than the accused's
own testimony?
730
00:30:31,800 --> 00:30:34,100
Mr. Atef can not be required
to testify.
731
00:30:34,100 --> 00:30:35,500
Why?
Is he hiding something?
732
00:30:35,500 --> 00:30:37,200
Doesn't he want to tell
his side?
733
00:30:37,200 --> 00:30:39,000
I have nothing to hide.
734
00:30:40,500 --> 00:30:43,600
I will testify.
735
00:30:48,500 --> 00:30:49,800
SEBRING:
Very well.
736
00:30:49,800 --> 00:30:52,300
The Defense will have
a short recess to prepare.
737
00:31:09,000 --> 00:31:11,800
The colonel wanted them
brought out one at a time.
738
00:31:11,700 --> 00:31:13,900
They're here now.
739
00:31:16,300 --> 00:31:18,300
Ask him if Kabir Atef
is among them.
740
00:31:18,300 --> 00:31:20,400
( speaking Farsi )
741
00:31:24,900 --> 00:31:26,400
( speaks Farsi )
742
00:31:26,300 --> 00:31:27,800
No.
743
00:31:27,800 --> 00:31:29,900
( speaking Farsi )
744
00:31:30,900 --> 00:31:35,900
( speaking native language )
745
00:31:35,700 --> 00:31:37,700
I asked if anyone
knows Mohandese.
746
00:31:37,700 --> 00:31:39,000
He said they only know
747
00:31:39,000 --> 00:31:40,700
why they're here.
748
00:31:40,700 --> 00:31:42,600
( speaking Farsi )
749
00:31:43,400 --> 00:31:45,000
To kill you!
750
00:31:52,800 --> 00:31:53,600
Hold your fire!
751
00:31:58,800 --> 00:32:00,400
MAN:
We are leaving right now
752
00:32:00,400 --> 00:32:02,900
or I will cut her head
from her shoulders.
753
00:32:09,400 --> 00:32:10,300
MacKENZIE: This won't work!
I will kill her!
754
00:32:10,400 --> 00:32:11,400
Let her go!
755
00:32:11,300 --> 00:32:12,300
Stay back!
756
00:32:12,400 --> 00:32:14,200
You shoot, she will die.
757
00:32:14,200 --> 00:32:15,100
Just calm down.
758
00:32:15,200 --> 00:32:16,800
I will kill the American.
759
00:32:16,800 --> 00:32:17,700
Just calm down.
760
00:32:17,900 --> 00:32:19,900
Set my brothers free,
or watch her die.
761
00:32:19,900 --> 00:32:21,700
Don't set anybody free.
Shut up!
762
00:32:21,800 --> 00:32:23,200
Drop your guns, all of you.
763
00:32:23,100 --> 00:32:24,800
They're not dropping anything.
764
00:32:24,700 --> 00:32:26,900
I said shut up!
765
00:32:26,900 --> 00:32:28,200
( speaking native language )
766
00:32:34,400 --> 00:32:36,900
Do it, General.
767
00:32:36,800 --> 00:32:37,700
Drop your guns.
768
00:32:37,800 --> 00:32:38,700
No.
769
00:32:38,800 --> 00:32:40,800
Damn it, put them down.
770
00:32:40,800 --> 00:32:45,500
All of you put
your weapons down.
771
00:32:53,200 --> 00:32:55,900
Tell them to open the gate.
772
00:32:55,900 --> 00:32:57,800
( speaking native language )
773
00:33:07,700 --> 00:33:10,300
( speaking native language )
774
00:33:25,500 --> 00:33:26,900
( gunshot )
775
00:33:38,700 --> 00:33:41,000
I knew if he thought
he was getting his way
776
00:33:40,900 --> 00:33:42,800
he'd relax
and give you an opening.
777
00:33:49,800 --> 00:33:52,100
RABB:
State your name for the record.
778
00:33:52,000 --> 00:33:54,400
ATEF:
You know who I am.
779
00:33:54,400 --> 00:33:56,500
For the record, sir.
780
00:33:56,400 --> 00:34:00,100
Whose record?
781
00:34:00,100 --> 00:34:01,100
Permission to treat
782
00:34:01,100 --> 00:34:02,800
as a hostile witness,
Your Honor.
783
00:34:02,800 --> 00:34:04,300
Granted, Commander.
784
00:34:04,300 --> 00:34:07,200
"For the record" means
for the world.
785
00:34:07,000 --> 00:34:08,400
So for the record
786
00:34:08,400 --> 00:34:11,500
your name Mustafa Atef,
is that correct?
787
00:34:11,400 --> 00:34:12,500
Yes.
788
00:34:12,600 --> 00:34:14,800
And you're a member
of an organization
789
00:34:14,800 --> 00:34:15,900
known as Al Qaeda?
790
00:34:15,900 --> 00:34:17,500
For your record...
791
00:34:17,500 --> 00:34:19,600
I am a soldier.
792
00:34:19,600 --> 00:34:23,200
I've been one all my life.
793
00:34:23,100 --> 00:34:25,700
From military school in England
794
00:34:25,600 --> 00:34:28,000
beginning at the age of six
795
00:34:27,900 --> 00:34:30,200
to serving in the Saudi army
796
00:34:30,100 --> 00:34:33,000
where I attained the rank
of captain.
797
00:34:33,000 --> 00:34:34,200
Then I became
a soldier of Allah.
798
00:34:34,200 --> 00:34:36,700
So, you're a soldier
like any other
799
00:34:36,500 --> 00:34:37,900
except in Al Qaeda.
800
00:34:37,900 --> 00:34:39,600
Is that your testimony?
801
00:34:39,500 --> 00:34:40,500
It's the truth.
802
00:34:40,600 --> 00:34:43,000
And you trained people
in Al Qaeda
803
00:34:42,900 --> 00:34:44,600
like any other soldier?
804
00:34:44,500 --> 00:34:46,700
Except better.
805
00:34:46,600 --> 00:34:49,600
Is it your contention, Mr. Atef
806
00:34:49,400 --> 00:34:51,700
that the attacks
on the United States
807
00:34:51,700 --> 00:34:54,500
on September 11 were nothing
more than typical
808
00:34:54,500 --> 00:34:56,200
military operations?
809
00:34:56,200 --> 00:34:57,200
( laughs )
810
00:34:57,200 --> 00:35:00,400
Who do you think
you are talking to?
811
00:35:00,200 --> 00:35:03,900
American bombs have slaughtered
thousands of Muslims
812
00:35:03,900 --> 00:35:05,600
in Iraq and Afghanistan.
813
00:35:05,600 --> 00:35:06,900
Do you really think
814
00:35:06,900 --> 00:35:09,500
that when the Pentagon
uses words like
815
00:35:09,400 --> 00:35:13,200
"engage" or "neutralize"
or "target"
816
00:35:13,100 --> 00:35:15,200
that they are any better
than me?
817
00:35:15,200 --> 00:35:19,600
When a man's cause is just
818
00:35:19,500 --> 00:35:24,000
he is not afraid
to use the word "kill."
819
00:35:23,900 --> 00:35:25,600
When a man's cause is just
820
00:35:25,600 --> 00:35:26,800
is he afraid to admit
821
00:35:26,800 --> 00:35:28,600
that he's also known
as Mohandese?
822
00:35:28,600 --> 00:35:30,000
Objection. Leading.
823
00:35:30,000 --> 00:35:31,500
Overruled.
824
00:35:31,600 --> 00:35:34,800
I am not afraid.
825
00:35:34,700 --> 00:35:36,900
I am Mohandese.
826
00:35:36,900 --> 00:35:39,700
Is he also not afraid to admit
827
00:35:39,700 --> 00:35:41,900
that he trained the men
828
00:35:41,900 --> 00:35:44,300
who hijacked the four airliners
on September 11?
829
00:35:44,300 --> 00:35:50,500
I picked the men,
trained them, planned it.
830
00:35:50,200 --> 00:35:52,300
And I'd do it again.
831
00:35:55,100 --> 00:35:57,100
The attacks on September 11
832
00:35:57,100 --> 00:36:00,000
were Al Qaeda's most important
operation, weren't they?
833
00:35:59,900 --> 00:36:02,100
Don't you think so?
834
00:36:02,000 --> 00:36:04,800
If this operation were
so important
835
00:36:04,800 --> 00:36:06,300
why not go yourself
836
00:36:06,300 --> 00:36:08,300
instead of duping impressionable
young men
837
00:36:08,200 --> 00:36:09,300
to do the job for you?
838
00:36:09,200 --> 00:36:11,000
Objection.
Argumentative.
839
00:36:11,000 --> 00:36:12,700
I'll tell you why
you didn't go.
840
00:36:12,700 --> 00:36:16,000
Because for all your pride
and posturing, you're a coward.
841
00:36:16,000 --> 00:36:16,900
SEBRING:
Commander!
842
00:36:16,900 --> 00:36:18,000
You're afraid to die.
843
00:36:18,000 --> 00:36:19,200
But I'll tell you something.
844
00:36:19,200 --> 00:36:20,700
That's exactly
what you're going to do.
845
00:36:20,700 --> 00:36:21,700
Commander!
846
00:36:21,700 --> 00:36:23,200
That is quite enough.
847
00:36:27,200 --> 00:36:29,400
MacKENZIE:
Can't get used to seeing you
848
00:36:29,400 --> 00:36:30,500
gone native, Gunny.
849
00:36:30,400 --> 00:36:31,900
Neither can I, ma'am,
but it works.
850
00:36:31,900 --> 00:36:34,000
I could almost pass if
I keep my mouth shut.
851
00:36:34,000 --> 00:36:35,800
Is that how you got
this assignment?
852
00:36:35,800 --> 00:36:36,800
Yes, ma'am.
853
00:36:36,700 --> 00:36:37,900
That and they wanted someone
854
00:36:38,000 --> 00:36:39,200
with investigative experience
855
00:36:39,200 --> 00:36:40,800
to hunt down bin Laden
and company.
856
00:36:40,700 --> 00:36:42,000
Has it been what you expected?
857
00:36:42,100 --> 00:36:43,100
Oh, yes and no, ma'am.
858
00:36:43,000 --> 00:36:44,100
The Marine Corps taught me
859
00:36:44,200 --> 00:36:45,400
everything I need to survive
860
00:36:45,400 --> 00:36:47,500
but when a guy goes down, ma'am
861
00:36:47,400 --> 00:36:49,500
what you see, what you feel...
862
00:36:57,100 --> 00:36:59,100
Here.
863
00:36:59,100 --> 00:37:02,200
He's Al Qaeda.
He's nothing.
864
00:37:02,000 --> 00:37:04,400
He still gets humane treatment.
865
00:37:04,300 --> 00:37:06,100
Marine, help this man.
866
00:37:11,400 --> 00:37:13,400
( speaking native language )
867
00:37:16,100 --> 00:37:18,400
GALINDEZ:
Did I hear that right, ma'am?
868
00:37:18,400 --> 00:37:20,300
He won't talk about Mohandese
869
00:37:20,300 --> 00:37:22,700
but he was with
Kabir two days ago?
870
00:37:22,700 --> 00:37:24,100
That's what he said.
871
00:37:28,600 --> 00:37:30,400
Updated JAG instructions.
872
00:37:30,400 --> 00:37:31,500
Finally earning your pay.
873
00:37:31,600 --> 00:37:33,500
Can't say much
for your attitude, though.
874
00:37:33,500 --> 00:37:35,400
I can't say much for yours.
875
00:37:35,400 --> 00:37:37,000
Let me tell you something.
876
00:37:37,000 --> 00:37:39,600
Leadership is not
a popularity contest.
877
00:37:39,500 --> 00:37:43,200
It's not a power trip, either.
878
00:37:43,100 --> 00:37:45,400
The stripes we wear
on our sleeve give us authority
879
00:37:45,400 --> 00:37:47,700
but it's what we have inside
that makes us a leader.
880
00:37:47,600 --> 00:37:50,500
And you would know that
if you had it.
881
00:37:50,500 --> 00:37:51,400
Guess you told me.
882
00:37:51,400 --> 00:37:52,500
Congratulations.
883
00:37:52,500 --> 00:37:54,700
Now, you can go tell
all your little friends
884
00:37:54,700 --> 00:37:56,900
that you zinged it
to the wicked witch.
885
00:38:08,000 --> 00:38:09,400
SEBRING:
The senior member
886
00:38:09,300 --> 00:38:12,100
of this commission will now
publish our findings.
887
00:38:12,000 --> 00:38:13,600
We find the accused,
Mustafa Atef
888
00:38:13,600 --> 00:38:16,000
guilty of the intentional
targeting and mass murder
889
00:38:15,900 --> 00:38:18,100
of non-combatants.
890
00:38:18,000 --> 00:38:19,200
By unanimous vote
891
00:38:19,200 --> 00:38:21,500
this commission sentences
the accused to death.
892
00:38:22,700 --> 00:38:24,600
Mr. Atef
893
00:38:24,600 --> 00:38:26,900
you and your comrades will go
down in history as butchers
894
00:38:26,900 --> 00:38:28,200
who committed a grave atrocity
895
00:38:28,100 --> 00:38:30,100
that precipitated
your own downfall.
896
00:38:30,100 --> 00:38:32,700
As for now, you'll
be transported
897
00:38:32,700 --> 00:38:35,400
as soon as feasible,
to FoVt Leavenworth.
898
00:38:35,400 --> 00:38:38,100
There, at a time of the
convening authority's choosing
899
00:38:38,000 --> 00:38:40,600
you will be executed
by lethal injection.
900
00:38:40,500 --> 00:38:41,600
We're done here.
901
00:38:41,600 --> 00:38:42,600
Wrong.
902
00:38:42,600 --> 00:38:44,200
This is far from over.
903
00:38:44,200 --> 00:38:47,500
Kabir will whisper
in eternal darkness
904
00:38:47,300 --> 00:38:48,700
and all the world
will hear him roar.
905
00:38:48,700 --> 00:38:50,800
Get him out of here.
906
00:38:51,700 --> 00:38:53,900
Congratulations, Commander.
907
00:38:53,900 --> 00:38:55,600
Thank you, sir.
908
00:38:55,500 --> 00:38:57,500
You put up a great defense.
909
00:38:57,400 --> 00:38:59,200
Excuse me.
910
00:39:01,900 --> 00:39:03,900
Harm, we need to talk.
911
00:39:03,800 --> 00:39:05,200
What about?
912
00:39:05,300 --> 00:39:07,900
We can't execute Mustafa Atef.
913
00:39:07,900 --> 00:39:10,000
Remember Mustafa's brother,
Kabir, was in Pakistan?
914
00:39:09,900 --> 00:39:11,900
While he was there,
enemy communication traffic
915
00:39:11,900 --> 00:39:13,200
between Pakistan,
Iran and Russia
916
00:39:13,100 --> 00:39:14,100
was off the charts.
917
00:39:14,200 --> 00:39:15,200
Russia?!
918
00:39:15,100 --> 00:39:16,100
It's the wild card.
919
00:39:16,100 --> 00:39:18,100
We decrypted one message
enough to learn
920
00:39:18,000 --> 00:39:20,100
that it was a wire transfer--
$250 million
921
00:39:20,100 --> 00:39:23,400
from a Pakistani bank was routed
through a bank in the UAE
922
00:39:23,200 --> 00:39:24,400
and ended up in Iran.
923
00:39:24,500 --> 00:39:26,400
$250 million for what?
924
00:39:26,400 --> 00:39:27,600
That's what we need to know.
925
00:39:27,600 --> 00:39:29,200
There's an Al Qaeda
operation underway--
926
00:39:29,300 --> 00:39:31,400
a big one-- with even Russia
figuring in somehow.
927
00:39:31,400 --> 00:39:33,300
All we know for sure
is Kabir is the point man
928
00:39:33,200 --> 00:39:36,200
and Mustafa Atef is behind it.
929
00:39:47,000 --> 00:39:49,000
I thought you'd
be up here, sir.
930
00:39:48,900 --> 00:39:50,500
I wanted to see you off.
931
00:39:53,000 --> 00:39:56,400
So, you thought
Mac should go, huh?
932
00:39:56,300 --> 00:39:58,400
Yes, sir.
933
00:39:58,300 --> 00:40:00,600
All right, Bud.
934
00:40:02,800 --> 00:40:05,800
You may have been right
that time... maybe.
935
00:40:09,400 --> 00:40:11,300
You want to play chess
later tonight?
936
00:40:11,300 --> 00:40:13,000
Yes, sir.
937
00:40:13,000 --> 00:40:15,200
But I thought that you were
leaving with the admiral
938
00:40:15,200 --> 00:40:17,100
and Commander Turner,
back to JAG this morning.
939
00:40:17,100 --> 00:40:18,900
Mac and I are under orders
to remain aboard
940
00:40:18,900 --> 00:40:20,800
to evaluate anything
Mustafa might tell Webb.
941
00:40:20,800 --> 00:40:23,400
I tell you,
I wish I was in there.
942
00:40:23,300 --> 00:40:26,300
I could think of a few ways
to make him talk.
943
00:40:27,800 --> 00:40:30,200
You know, Bud
944
00:40:30,200 --> 00:40:33,400
I've prosecuted
too many cases to remember
945
00:40:33,400 --> 00:40:37,600
but this is the one time...
if the accused had got off
946
00:40:37,500 --> 00:40:41,200
I'd have killed him myself.
947
00:40:41,100 --> 00:40:42,700
MAN ( over radio ):
Lieutenant Roberts.
948
00:40:42,700 --> 00:40:43,900
This is Roberts.
949
00:40:44,000 --> 00:40:45,900
Commander Rabb's urgently needed
in the brig, sir.
950
00:40:45,800 --> 00:40:47,000
Have you seen him?
951
00:40:47,000 --> 00:40:48,600
He's on his way.
952
00:40:51,900 --> 00:40:53,900
Mac, do you know
what's going on?
953
00:40:53,900 --> 00:40:55,700
No.
954
00:41:06,800 --> 00:41:10,100
Bag him, tag him
and put him on ice.
955
00:41:12,200 --> 00:41:14,300
What did you do, Webb?
956
00:41:14,200 --> 00:41:16,400
I didn't do anything.
957
00:41:16,400 --> 00:41:18,800
Must have taken it
from the courtroom.
958
00:41:18,800 --> 00:41:21,200
He slashed his wrists
with a pen?
959
00:41:21,200 --> 00:41:23,100
Original.
960
00:41:23,000 --> 00:41:25,400
Sometime during the night
961
00:41:25,300 --> 00:41:28,400
Atef turned his back
to the guard
962
00:41:28,400 --> 00:41:30,300
as though to go to sleep.
963
00:41:30,200 --> 00:41:32,600
He did the deed and bled out.
964
00:41:32,600 --> 00:41:34,500
The guard had
no way of knowing.
965
00:41:34,500 --> 00:41:36,800
He never made a sound.
966
00:41:36,800 --> 00:41:39,700
All I needed was one day.
967
00:41:39,600 --> 00:41:42,200
One more day.
968
00:41:42,100 --> 00:41:45,500
Whatever he knew,
he took it with him.
969
00:41:45,400 --> 00:41:48,500
We have to hope we find
Mustafa's brother Kabir
970
00:41:48,400 --> 00:41:50,400
before it's too late.
971
00:41:52,000 --> 00:41:57,000
Sync by honeybunny
www.addic7ed.com
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