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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:02:55,817 --> 00:02:58,342 Forward march! 2 00:04:30,311 --> 00:04:32,836 I'm requesting- 3 00:04:32,914 --> 00:04:37,044 Captain, I'd like to request that it be me who's the attorney- 4 00:04:37,118 --> 00:04:39,882 That it be myself who’s assigned. 5 00:04:39,954 --> 00:04:42,787 No, I'd like to request that it be I who am assigned- 6 00:04:44,358 --> 00:04:46,519 "That it be I who am assigned"? 7 00:04:46,594 --> 00:04:49,927 That's good. That's confidence-inspiring. 8 00:04:49,997 --> 00:04:51,931 Good grammar there. 9 00:04:51,999 --> 00:04:54,194 Captain, I'd like to request... 10 00:04:54,268 --> 00:04:57,760 that I be the attorney assigned. 11 00:05:00,041 --> 00:05:02,441 I'm Lieutenant Commander Galloway here to see Captain West. 12 00:05:02,510 --> 00:05:04,444 Go right in, Commander. They're expecting you. 13 00:05:04,512 --> 00:05:05,945 Thank you. 14 00:05:09,517 --> 00:05:11,451 - Jo, come on in. - Thank you, sir. 15 00:05:12,587 --> 00:05:15,488 Captain West, this is Lieutenant Commander Galloway. 16 00:05:15,556 --> 00:05:17,922 - Jo, you know Commander Lawrence. - Yes, sir. 17 00:05:17,992 --> 00:05:20,153 Captain, I appreciate you seeing me on such short notice. 18 00:05:20,228 --> 00:05:22,788 - Would you like to sit down? - I'm fine, sir. 19 00:05:22,864 --> 00:05:25,332 - Have a seat. - Okay. 20 00:05:25,399 --> 00:05:27,594 I understand we had some trouble over the weekend down in Cuba? 21 00:05:27,668 --> 00:05:30,967 Yes, sir. This past Friday, two Marines- 22 00:05:31,038 --> 00:05:34,997 a Lance Corporal Harold Dawson and a Private Louden Downey- 23 00:05:35,076 --> 00:05:39,274 entered the barracks room of a P.F.C. William Santiago and assaulted him. 24 00:05:39,347 --> 00:05:42,839 Santiago died at the base hospital approximately an hour later. 25 00:05:42,917 --> 00:05:46,444 The N.I.S. Agent who took Dawson and Downey's statements... 26 00:05:46,520 --> 00:05:48,818 maintains they were trying to prevent Santiago... 27 00:05:48,890 --> 00:05:51,723 from naming Dawson in a fence line shooting incident. 28 00:05:51,792 --> 00:05:55,558 They're scheduled to have a hearing down in Cuba this afternoon at 1600. 29 00:05:55,630 --> 00:05:57,564 - What's the problem? - Dawson and Downey... 30 00:05:57,632 --> 00:06:01,966 are both recruiting poster Marines, and Santiago was known to be a screw-up. 31 00:06:02,036 --> 00:06:04,800 I was thinking it sounded an awful lot like a Code Red. 32 00:06:05,606 --> 00:06:07,164 Christ. 33 00:06:07,241 --> 00:06:10,904 Sir, I'd like to have them moved up to Washington and assigned counsel- 34 00:06:10,978 --> 00:06:13,276 someone who can really look into this- 35 00:06:13,347 --> 00:06:15,713 someone who possesses not only the legal skill... 36 00:06:15,783 --> 00:06:18,718 but a familiarity with the inner workings of the military. 37 00:06:18,786 --> 00:06:21,277 In short, Captain, I'd like to suggest that... 38 00:06:21,355 --> 00:06:23,323 I be the one who that- 39 00:06:23,391 --> 00:06:27,054 that it be me who is assigned to represent them... 40 00:06:27,128 --> 00:06:28,561 myself. 41 00:06:30,631 --> 00:06:33,156 Commander Galloway, why don’t you get yourself a cup of coffee? 42 00:06:33,234 --> 00:06:35,225 Thank you, sir. I'm fine. 43 00:06:35,303 --> 00:06:38,500 I'd like you to leave the room so we can talk about you behind your back. 44 00:06:38,572 --> 00:06:40,506 Certainly, sir. 45 00:06:47,281 --> 00:06:50,341 I thought this Code Red shit wasn't going on anymore. 46 00:06:50,418 --> 00:06:53,512 With the Marines at Gitmo, who knows what the hell goes on down there? 47 00:06:53,587 --> 00:06:55,555 We better find out before the rest of the world does. 48 00:06:55,623 --> 00:06:57,648 Damn thing could get messy. 49 00:06:57,725 --> 00:07:00,250 All right, what about this Commander Galloway? 50 00:07:00,328 --> 00:07:03,456 She's been working a desk in Internal Affairs... 51 00:07:03,531 --> 00:07:05,465 for a little over a year now. 52 00:07:05,533 --> 00:07:08,525 - Before that? - Disposed of three cases in two years. 53 00:07:08,602 --> 00:07:11,435 Three cases in two years? Who's she handling, the Rosenbergs? 54 00:07:11,505 --> 00:07:14,030 - She's not cut out for litigation. - She's a hell of an investigator. 55 00:07:14,108 --> 00:07:17,600 In Internal Affairs she can crawl up a lawyer's ass with the best of them. 56 00:07:17,678 --> 00:07:21,512 - But when it comes to trial work- - I know. All passion, no street smarts. 57 00:07:21,582 --> 00:07:23,516 Bring her back in. 58 00:07:33,995 --> 00:07:36,964 Commander, we're gonna have the defendants moved up here in the morning. 59 00:07:37,031 --> 00:07:40,194 - Thank you, sir. - Division will assign them counsel. 60 00:07:41,135 --> 00:07:45,629 - But not me. - From what I get from your colleagues... 61 00:07:45,706 --> 00:07:48,038 you're much too valuable in your present assignment to be wasted... 62 00:07:48,109 --> 00:07:50,202 in what I'm sure will boil down to a five-minute plea bargain... 63 00:07:50,277 --> 00:07:52,211 and a week's worth of paperwork. 64 00:07:52,279 --> 00:07:54,406 Sir, I think there might be more involved than that. 65 00:07:54,482 --> 00:07:55,915 Don't worry about it. 66 00:07:55,983 --> 00:07:58,884 I promise you Division will assign the right man for the job. 67 00:07:59,320 --> 00:08:01,288 All right. Let's go. Let's get two. 68 00:08:02,857 --> 00:08:05,052 - Sorry. - Nothing to be sorry about, Sherby. 69 00:08:05,126 --> 00:08:07,321 You just look the ball into your glove. 70 00:08:07,395 --> 00:08:08,828 Shooting two. 71 00:08:10,631 --> 00:08:12,599 - Sorry. - You gotta trust me, Sherby. 72 00:08:12,666 --> 00:08:16,397 Keep your eyes open, your chances of catching it increase by a factor often. 73 00:08:16,470 --> 00:08:18,335 - Kaffee. - Let's try it again. 74 00:08:19,507 --> 00:08:21,498 Dave, you seem distraught. 75 00:08:21,575 --> 00:08:24,339 We were supposed to meet 15 minutes ago about the McDermott case. 76 00:08:24,412 --> 00:08:27,108 You're stalling on this thing. Now we either do it now... 77 00:08:27,181 --> 00:08:30,776 or, no kidding, Kaffee, I'm gonna hang your boy from a fucking yardarm! 78 00:08:30,851 --> 00:08:34,810 Yardarm? Sherby, does the Navy still hang people from yardarms? 79 00:08:34,889 --> 00:08:36,356 I don't think so. 80 00:08:36,424 --> 00:08:39,757 Dave, Sherby doesn't think the Navy hangs people from yardarms anymore. 81 00:08:39,827 --> 00:08:43,194 I'm gonna charge him with possession and being under the influence on duty. 82 00:08:43,264 --> 00:08:47,428 You plead guilty, I'll recommend 30 days in the brig with loss of rank and pay. 83 00:08:47,501 --> 00:08:50,470 It was oregano, Dave. It was $10 worth of oregano. 84 00:08:50,538 --> 00:08:52,472 Yeah, well, your client thought it was marijuana. 85 00:08:52,540 --> 00:08:55,270 My client's a moron. That's not against the law. 86 00:08:55,342 --> 00:08:58,709 Kaffee, I got people to answer to just like you do. I'm gonna charge him. 87 00:08:58,779 --> 00:09:01,009 With what, possession of a condiment? 88 00:09:01,082 --> 00:09:03,642 - Kaffee. - I tried to help you out of this... 89 00:09:03,717 --> 00:09:06,447 but if you ask for jail time, I'm gonna file a motion to dismiss. 90 00:09:06,520 --> 00:09:08,385 - You won't get it. - I will get it. 91 00:09:08,456 --> 00:09:10,390 And if the M.T.D. is denied, I'll file a motion... 92 00:09:10,458 --> 00:09:13,291 seeking to obtain an evidentiary ruling in advance. 93 00:09:13,360 --> 00:09:15,726 And after that, I'm gonna file against pretrial confinement. 94 00:09:15,796 --> 00:09:18,321 And you're gonna spend the next three months going blind on paperwork... 95 00:09:18,399 --> 00:09:22,028 because a signalman second-class bought and smoked a dime bag of oregano. 96 00:09:22,103 --> 00:09:24,628 Let's go! Let's get two! 97 00:09:25,706 --> 00:09:28,140 B misdemeanor, 20 days in the brig. 98 00:09:28,209 --> 00:09:30,473 C misdemeanor, 15 days restricted duty. 99 00:09:31,946 --> 00:09:33,971 I don't know why I'm agreeing to this. 100 00:09:34,048 --> 00:09:36,312 'Cause you have wisdom beyond your years. 101 00:09:40,221 --> 00:09:41,882 Morning. 102 00:09:41,956 --> 00:09:43,651 Morning, Captain. 103 00:09:43,724 --> 00:09:45,248 How's the baby, Sam? 104 00:09:45,326 --> 00:09:48,523 I think she's getting ready to say her first word any day now. 105 00:09:48,596 --> 00:09:50,188 How can you tell? 106 00:09:50,264 --> 00:09:53,893 She just looks like she has something to say. 107 00:09:53,968 --> 00:09:56,562 Excuse me. I'm sorry I'm late. 108 00:09:56,637 --> 00:09:58,628 It's all right, Danny. I know you don't have a good excuse... 109 00:09:58,706 --> 00:10:00,765 so I won't force you to come up with a bad one. 110 00:10:00,841 --> 00:10:03,776 - Thank you, sir. - This first one's for you. 111 00:10:04,845 --> 00:10:07,211 Seems you're moving up in the world. 112 00:10:07,281 --> 00:10:09,215 Been requested by Division. 113 00:10:10,117 --> 00:10:12,051 Requested to do what? 114 00:10:12,119 --> 00:10:14,485 Guantanamo Bay, Cuba. 115 00:10:14,555 --> 00:10:18,616 A Marine corporal named Dawson illegally fires a round from his weapon... 116 00:10:18,692 --> 00:10:21,559 over the fence line and into Cuban territory. 117 00:10:21,629 --> 00:10:23,529 - What's a fence line? - Sam. 118 00:10:23,597 --> 00:10:27,795 A big wall separating the good guys from the bad guys. 119 00:10:27,868 --> 00:10:31,133 - Teacher's pet. - P.F.C. William Santiago... 120 00:10:31,205 --> 00:10:34,538 threatens to rat on Dawson to Naval Investigative Service. 121 00:10:34,608 --> 00:10:36,633 Dawson and another member of his squad... 122 00:10:36,710 --> 00:10:40,669 P.F.C. Louden Downey, go into Santiago's room... 123 00:10:40,748 --> 00:10:44,149 tie him up, stuff a rag down his throat... 124 00:10:44,218 --> 00:10:46,311 and an hour later, Santiago's dead. 125 00:10:46,387 --> 00:10:50,084 Attending physician says the rag was treated with some kind of toxin. 126 00:10:50,157 --> 00:10:51,385 They poisoned the rag? 127 00:10:51,458 --> 00:10:54,393 - Not according to them. - What did they say? 128 00:10:54,461 --> 00:10:57,089 Not much. They're being flown up here tomorrow... 129 00:10:57,164 --> 00:11:00,622 and on Wednesday at 0600, you'll catch a transport down to Cuba for the day... 130 00:11:00,701 --> 00:11:02,635 to find out what you can. 131 00:11:02,703 --> 00:11:06,400 Meantime, go and see Lieutenant Commander Joanne Galloway... 132 00:11:07,942 --> 00:11:09,603 with Internal Affairs. 133 00:11:09,677 --> 00:11:11,201 Any questions? 134 00:11:11,278 --> 00:11:15,305 Uh, the flight to Cuba- Was that 0600 in the morning, sir? 135 00:11:16,450 --> 00:11:18,850 Seems important to Division that this one be handled by the book. 136 00:11:18,919 --> 00:11:22,946 So I'm assigning co-counsel. Any volunteers? 137 00:11:24,647 --> 00:11:25,447 No! 138 00:11:25,626 --> 00:11:27,617 I got a stack of papers on my desk about a mile high. 139 00:11:27,695 --> 00:11:29,629 - Work with Kaffee on this. - Doing what? 140 00:11:29,697 --> 00:11:31,927 Kaffee will have this done in about four days. 141 00:11:31,999 --> 00:11:35,264 Doing various administrative things. 142 00:11:35,336 --> 00:11:37,270 Backup, whatever. 143 00:11:37,338 --> 00:11:39,898 In other words, I have no responsibilities here whatsoever. 144 00:11:39,974 --> 00:11:41,464 Right. 145 00:11:41,542 --> 00:11:43,635 My kind of case. 146 00:11:44,712 --> 00:11:46,703 Right. 147 00:11:46,780 --> 00:11:49,271 Okay, but I've got to have that report by Wednesday. 148 00:11:55,656 --> 00:11:58,386 - Hi. - Hold on. Hi. 149 00:11:58,459 --> 00:12:00,791 Daniel Kaffee. I was told to me with, uh- 150 00:12:08,702 --> 00:12:11,170 Lieutenant Commander Galloway. 151 00:12:13,407 --> 00:12:14,669 About a briefing? 152 00:12:14,742 --> 00:12:16,676 I'll call you back. 153 00:12:19,413 --> 00:12:21,347 You're the attorney Division assigned? 154 00:12:22,249 --> 00:12:24,183 I'm lead counsel. This is Sam Weinberg. 155 00:12:24,251 --> 00:12:26,412 I have no responsibilities here whatsoever. 156 00:12:26,487 --> 00:12:28,648 Come in, please. Have a seat. 157 00:12:39,099 --> 00:12:41,260 Lieutenant, how long have you been in the Navy? 158 00:12:42,936 --> 00:12:44,870 Going on nine months now. 159 00:12:44,938 --> 00:12:47,532 And how long have you been out of law school? 160 00:12:48,742 --> 00:12:50,209 A little over a year. 161 00:12:50,277 --> 00:12:52,370 I see. 162 00:12:53,113 --> 00:12:54,705 Have I done something wrong? 163 00:12:54,782 --> 00:12:57,444 No. It’s just that when I petition Division to have counsel assigned... 164 00:12:57,518 --> 00:12:59,509 I was hoping I'd be taken seriously. 165 00:12:59,586 --> 00:13:02,282 No offense taken, in case you were wondering. 166 00:13:02,356 --> 00:13:04,221 Commander, Lieutenant Kaffee is generally... 167 00:13:04,291 --> 00:13:06,657 considered the best litigator in our office. 168 00:13:06,727 --> 00:13:09,958 He's successfully plea-bargained 44 cases in nine months. 169 00:13:10,030 --> 00:13:12,021 One more, I get a set of steak knives. 170 00:13:12,099 --> 00:13:13,896 Have you ever been in a courtroom? 171 00:13:13,967 --> 00:13:16,492 I once had my driver's license suspended. 172 00:13:16,570 --> 00:13:18,538 Commander, from what I understand, if this thing goes to court... 173 00:13:18,605 --> 00:13:20,766 they won’t need a lawyer, they'll need a priest. 174 00:13:21,408 --> 00:13:23,342 No, they'll need a lawyer. 175 00:13:24,411 --> 00:13:26,470 Dawson's family's been contacted. 176 00:13:26,547 --> 00:13:30,074 Downey's closest living relative is Ginny Miller, his aunt. 177 00:13:30,150 --> 00:13:33,051 She hasn't been contacted yet. Would you like me to take care of that? 178 00:13:33,120 --> 00:13:34,610 Sure. If you feel like it. 179 00:13:36,390 --> 00:13:38,324 One of the people you'll be seeing down there... 180 00:13:38,392 --> 00:13:40,451 is the barracks C.O., Colonel Nathan Jessup. 181 00:13:40,527 --> 00:13:42,654 I assume you’ve heard of him. 182 00:13:42,730 --> 00:13:44,163 Who hasn't? 183 00:13:45,232 --> 00:13:47,826 He's been in the papers lately. He's expected to be appointed... 184 00:13:47,901 --> 00:13:50,734 director of operations of National Security Council. 185 00:13:50,804 --> 00:13:52,101 - Really? - These are the letters... 186 00:13:52,172 --> 00:13:54,470 that Santiago wrote in his eight months at Gitmo. 187 00:13:54,541 --> 00:13:57,009 - That's Guantanamo Bay. - I knew that one. 188 00:13:57,077 --> 00:14:00,604 He wrote to the fleet commander to the commandant of the Marine Corps. 189 00:14:00,681 --> 00:14:03,616 Even his senator. He wanted to be transferred off the base. 190 00:14:03,684 --> 00:14:05,618 No one was listening. Are you with me? 191 00:14:05,686 --> 00:14:07,586 Yeah. 192 00:14:08,822 --> 00:14:10,813 Finally, he wrote to the Naval Investigative Service... 193 00:14:10,891 --> 00:14:13,917 where he offered information about Corporal Dawson's fence line shooting... 194 00:14:13,994 --> 00:14:16,622 in exchange for a transfer. 195 00:14:16,697 --> 00:14:19,325 Right. Is that all? 196 00:14:19,400 --> 00:14:21,334 Lieutenant, this letter makes it look like... 197 00:14:21,402 --> 00:14:23,836 your client had a motive to kill Santiago. 198 00:14:23,904 --> 00:14:27,169 Got you. And Santiago is who? 199 00:14:27,241 --> 00:14:28,833 The victim. 200 00:14:28,909 --> 00:14:31,537 Write that down. Am I correct to assume these letters... 201 00:14:31,612 --> 00:14:34,513 don't paint a flattering picture of Marine Corps life at Guantanamo Bay? 202 00:14:34,581 --> 00:14:36,048 - Yes, among- - Am I further right in assuming... 203 00:14:36,116 --> 00:14:39,950 investigation of this incident might embarrass the Security Council guy? 204 00:14:40,020 --> 00:14:42,011 - Colonel Jessup. - Twelve years. 205 00:14:43,090 --> 00:14:44,022 Sorry? 206 00:14:44,091 --> 00:14:46,286 I'll get them to drop the conspiracy and conduct unbecoming. 207 00:14:46,360 --> 00:14:48,123 Twelve years. 208 00:14:48,195 --> 00:14:51,824 You haven't talked to a witness or looked at a piece of paper. 209 00:14:51,899 --> 00:14:53,958 Pretty impressive, huh? 210 00:14:54,034 --> 00:14:55,729 You're gonna have to go deeper than that. 211 00:14:55,803 --> 00:14:58,567 Do you have some sort of jurisdiction here that I should know about? 212 00:14:58,639 --> 00:15:01,437 My job is to make sure that you do your job. 213 00:15:01,508 --> 00:15:03,476 I'm special counsel for Internal Affairs... 214 00:15:03,544 --> 00:15:06,911 so my jurisdiction’s pretty much in your face. 215 00:15:09,082 --> 00:15:12,142 Read the letters. I'll expect your report when you return from Cuba. 216 00:15:12,219 --> 00:15:14,881 - Sure. - You're dismissed. 217 00:15:17,157 --> 00:15:19,489 I always forget that part. 218 00:15:21,261 --> 00:15:24,025 He's a little preoccupied. 219 00:15:24,097 --> 00:15:27,260 Team's playing Bethesda Medical next week. 220 00:15:27,334 --> 00:15:29,268 Tell your friend not to get cute down there. 221 00:15:29,336 --> 00:15:31,668 The Marines in Guantanamo are fanatical. 222 00:15:31,738 --> 00:15:33,035 About what? 223 00:15:33,774 --> 00:15:35,435 About being Marines. 224 00:15:35,509 --> 00:15:36,533 Dear sir... 225 00:15:36,610 --> 00:15:39,374 my name is P.F.C. William T. Santiago. 226 00:15:39,446 --> 00:15:41,778 I'm a Marine stationed at Marine barracks... 227 00:15:41,849 --> 00:15:45,046 Rifle Security Company Windward, Second Platoon Bravo. 228 00:15:45,118 --> 00:15:48,918 I'm writing to inform you of my problems with my unit here in Cuba... 229 00:15:48,989 --> 00:15:50,616 and to ask for your help. 230 00:15:50,691 --> 00:15:54,024 I've fallen out on runs before for several reasons... 231 00:15:54,094 --> 00:15:56,062 such as feeling dizzy or nauseated. 232 00:15:56,129 --> 00:15:59,860 But on May 18, I'd fallen back about 20 or 30 yards... 233 00:15:59,933 --> 00:16:02,458 going down rocky unstable hill. 234 00:16:02,536 --> 00:16:05,505 My sergeant grabbed me and pushed me down the hill. 235 00:16:05,572 --> 00:16:09,474 Then I saw all black, and the last thing I remembered was hitting the deck. 236 00:16:09,543 --> 00:16:12,910 I was brought to the hospital where I was told I just had heat exhaustion. 237 00:16:12,980 --> 00:16:14,607 I ask you to help me. 238 00:16:14,681 --> 00:16:18,139 Please, sir. I just need to be transferred out of R.S.C. 239 00:16:18,218 --> 00:16:21,051 Sincerely, P.F.C. William T. Santiago... 240 00:16:21,121 --> 00:16:22,713 U.S. Marine Corps. 241 00:16:22,789 --> 00:16:25,724 P.S. In exchange for my transfer off the base... 242 00:16:25,792 --> 00:16:27,783 I'm willing to provide you with information about- 243 00:16:27,861 --> 00:16:32,127 "The illegal fence line shooting that occurred the night of August 2." 244 00:16:33,066 --> 00:16:37,435 Who the fuck is P.F.C. William T. Santiago? 245 00:16:37,504 --> 00:16:40,598 Private Santiago is a member of Second Platoon Bravo, sir. 246 00:16:40,674 --> 00:16:44,872 Yeah. Well, apparently he's not very happy down here in Shangri-la... 247 00:16:44,945 --> 00:16:47,812 because he's written letters to everybody but Santa Claus... 248 00:16:47,881 --> 00:16:50,008 asking for a transfer. 249 00:16:50,083 --> 00:16:53,018 And now he's telling tales about a fence line shooting. 250 00:16:54,087 --> 00:16:55,679 Matthew? 251 00:16:55,756 --> 00:16:58,316 I'm appalled, sir. 252 00:16:59,126 --> 00:17:01,560 You're appalled. 253 00:17:02,629 --> 00:17:06,156 This kid broke the chain of command and ratted on a member of his unit... 254 00:17:06,233 --> 00:17:09,031 to say nothing of the fact that he is a U.S. Marine... 255 00:17:09,102 --> 00:17:11,832 and it would appear he can't run from here to there... 256 00:17:11,905 --> 00:17:14,669 without collapsing from heat exhaustion. 257 00:17:14,741 --> 00:17:18,006 What the fuck is going on in Bravo Company, Matthew? 258 00:17:18,078 --> 00:17:21,104 Colonel, I think it would be better to hold this discussion in private. 259 00:17:21,181 --> 00:17:25,311 That won't be necessary, Colonel. I can handle the situation, sir. 260 00:17:25,385 --> 00:17:29,116 The same way you handled Curtis Bell? Don't interrupt me, Lieutenant! 261 00:17:29,189 --> 00:17:32,716 - I'm still your superior officer. - And I'm yours, Matthew. 262 00:17:34,895 --> 00:17:37,955 I wanna know what we're going to do about this. 263 00:17:38,031 --> 00:17:40,966 I think Santiago should be transferred off the base immediately. 264 00:17:41,034 --> 00:17:42,661 He's that bad, huh? 265 00:17:42,736 --> 00:17:44,863 Not only that. But word of this letter is bound to get out. 266 00:17:44,938 --> 00:17:46,872 He's gonna get his ass whipped. 267 00:17:46,940 --> 00:17:50,967 Hmm. Transfer Santiago. 268 00:17:51,044 --> 00:17:54,571 Yes. I'm sure you’re right. 269 00:17:54,648 --> 00:17:57,139 I'm sure that's the thing to do. 270 00:17:58,852 --> 00:18:02,754 Wait. I've got a better idea. 271 00:18:02,823 --> 00:18:05,758 Let's transfer the whole squad off the base. 272 00:18:05,826 --> 00:18:08,920 Let's- On second thought, Windward- 273 00:18:08,996 --> 00:18:13,228 Let's transfer the whole Windward Division off the base. 274 00:18:13,300 --> 00:18:16,929 John, go on out there and get those boys down off the fence. 275 00:18:17,004 --> 00:18:19,495 They're packing their bags. Tom. 276 00:18:20,774 --> 00:18:23,174 - Sir. - Get me the president on the phone. 277 00:18:23,243 --> 00:18:26,337 We're surrendering our position in Cuba. 278 00:18:26,413 --> 00:18:28,847 - Yes, sir. - Wait a minute, Tom. 279 00:18:28,915 --> 00:18:30,849 Don't get the president just yet. 280 00:18:30,917 --> 00:18:34,546 Maybe we should consider this for a second. 281 00:18:34,621 --> 00:18:36,885 - Dismissed, Tom. - Yes, sir. 282 00:18:37,991 --> 00:18:41,859 Maybe- and I'm just spit-balling here- 283 00:18:41,928 --> 00:18:46,956 Maybe we have a responsibility as officers to train Santiago. 284 00:18:47,034 --> 00:18:51,198 Maybe we as officers have a responsibility to this country... 285 00:18:51,271 --> 00:18:54,570 to see that the men and women charged with its security... 286 00:18:54,641 --> 00:18:56,700 are trained professionals. 287 00:18:56,777 --> 00:19:00,713 Yes, I'm certain that I read that somewhere once. 288 00:19:00,781 --> 00:19:03,375 And now I'm thinking, Colonel Markinson... 289 00:19:03,450 --> 00:19:07,784 that your suggestion of transferring Santiago... 290 00:19:07,854 --> 00:19:11,085 while expeditious and certainly painless... 291 00:19:11,158 --> 00:19:13,649 might not be, in a manner of speaking... 292 00:19:13,727 --> 00:19:16,628 the American way. 293 00:19:16,697 --> 00:19:19,495 Santiago stays where he is. 294 00:19:21,201 --> 00:19:23,533 We're gonna train the lad. 295 00:19:23,603 --> 00:19:26,538 John, you're in charge. 296 00:19:26,606 --> 00:19:29,769 Santiago doesn't make 4-6-4-6... 297 00:19:29,843 --> 00:19:33,506 on his next proficiency and conduct report... 298 00:19:33,580 --> 00:19:35,912 I'm going to blame you. 299 00:19:35,982 --> 00:19:38,610 - Then I'm going to kill you. - Yes, sir. 300 00:19:38,685 --> 00:19:41,279 I think that's a mistake, Colonel. 301 00:19:42,689 --> 00:19:46,819 Matthew, I think I will have that word in private with you now. 302 00:19:46,893 --> 00:19:50,852 John, that's all. Why don't we meet at the "O" club and have lunch... 303 00:19:50,931 --> 00:19:53,525 and we'll talk about the training of young William? 304 00:19:53,600 --> 00:19:56,330 I'd be delighted to hear any suggestions that you might have, sir. 305 00:19:56,403 --> 00:19:58,371 - Dismissed. - Yes, sir. 306 00:20:02,142 --> 00:20:05,339 Matthew, sit down. Please. 307 00:20:10,517 --> 00:20:13,111 What do you think of Kendrick? 308 00:20:13,186 --> 00:20:15,017 My opinion of him has nothing to do- 309 00:20:15,088 --> 00:20:18,251 I think he's pretty much of a weasel myself... 310 00:20:18,325 --> 00:20:20,316 but he's an awfully good officer. 311 00:20:20,393 --> 00:20:24,830 And in the end, we see eye-to-eye on the best way to run a Marine Corps unit. 312 00:20:24,898 --> 00:20:28,425 We're in the business of saving lives, Matthew. 313 00:20:28,502 --> 00:20:32,199 That is a responsibility that we have to take pretty seriously. 314 00:20:32,272 --> 00:20:36,606 And I believe that taking a Marine who is not quite up to the job... 315 00:20:36,676 --> 00:20:39,144 and shipping him off to another assignment... 316 00:20:39,212 --> 00:20:41,203 puts lives in danger. 317 00:20:41,982 --> 00:20:44,246 Sit down, Matthew. 318 00:20:53,760 --> 00:20:55,819 We go back a while. 319 00:20:55,896 --> 00:20:59,388 We went to the Academy together. We were commissioned together. 320 00:20:59,466 --> 00:21:01,934 We did our tours in Vietnam together. 321 00:21:02,002 --> 00:21:04,368 But I've been promoted up through the chain... 322 00:21:04,437 --> 00:21:07,338 with greater speed and success than you have. 323 00:21:07,407 --> 00:21:10,376 Now, if that’s a source of tension... 324 00:21:10,443 --> 00:21:12,411 or embarrassment for you... 325 00:21:12,479 --> 00:21:14,242 I don't give a shit. 326 00:21:14,314 --> 00:21:19,513 We're in the business of saving lives, Lieutenant Colonel Markinson. 327 00:21:19,586 --> 00:21:23,682 Don't ever question my orders in front of another officer. 328 00:21:43,677 --> 00:21:45,144 All the paperwork's in order. 329 00:21:46,213 --> 00:21:48,147 - Step over there. - Yes, sir. 330 00:21:52,819 --> 00:21:55,583 Hal, is this Washington, D.C.? 331 00:21:55,655 --> 00:21:57,282 All right. Let's move. 332 00:21:57,357 --> 00:21:58,790 Yes, sir. 333 00:22:05,665 --> 00:22:08,600 - Got all of that one. - Excuse me. 334 00:22:08,668 --> 00:22:12,263 I wanted to talk to you about Corporal Dawson and Private Downey. 335 00:22:12,339 --> 00:22:14,933 - Say again? - Dawson and Downey. 336 00:22:16,209 --> 00:22:18,234 Those names sound like they should mean something to me- 337 00:22:18,311 --> 00:22:21,109 Dawson, Downey - your clients. 338 00:22:21,181 --> 00:22:24,480 The Cuba thing. Yes! Dawson and Downey. Right. 339 00:22:27,687 --> 00:22:29,746 I've done something wrong again, haven't I? 340 00:22:29,823 --> 00:22:31,814 I was just wondering why two guys have been locked up... 341 00:22:31,892 --> 00:22:34,656 since this morning while their lawyer's outside hitting a ball. 342 00:22:36,663 --> 00:22:38,358 We need the practice. 343 00:22:38,431 --> 00:22:40,023 That wasn't funny. 344 00:22:40,767 --> 00:22:42,132 It was a little funny. 345 00:22:42,202 --> 00:22:45,501 Would you be very insulted if I recommended to your supervisor... 346 00:22:45,572 --> 00:22:47,506 that he assign different counsel? 347 00:22:47,574 --> 00:22:51,010 - Why? - I don't think you’re fit to handle it. 348 00:22:51,077 --> 00:22:54,843 You don't even know me. Ordinarily, it takes someone hours... 349 00:22:54,915 --> 00:22:57,543 to discover I'm not fit to handle a defense. 350 00:22:59,286 --> 00:23:02,653 Oh, come on. That was damn funny. 351 00:23:05,659 --> 00:23:06,819 You're wrong. 352 00:23:07,894 --> 00:23:09,885 I do know you. 353 00:23:09,963 --> 00:23:13,797 Daniel Alistair Kaffee, born June 8, 1964... 354 00:23:13,867 --> 00:23:15,801 at Boston Mercy Hospital. 355 00:23:15,869 --> 00:23:17,200 Your father's Lionel Kaffee... 356 00:23:17,270 --> 00:23:20,762 former Navy judge advocate and attorney general of the United States. 357 00:23:20,840 --> 00:23:22,398 Died 1985. 358 00:23:22,475 --> 00:23:25,205 You went to Harvard law. Then you joined the Navy... 359 00:23:25,278 --> 00:23:28,042 probably because that's what your father wanted you to do. 360 00:23:28,114 --> 00:23:31,447 And now you're just treading water for three years in the JAG Corps. 361 00:23:31,518 --> 00:23:35,010 Just laying low till you can get out and get a real job. 362 00:23:35,088 --> 00:23:38,649 If that’s the situation, that's fine. I won't tell anyone. 363 00:23:38,725 --> 00:23:41,023 But it's my feeling that if this case is handled in the same... 364 00:23:41,094 --> 00:23:43,961 fast-food, slick-ass, Persian bazaar manner... 365 00:23:44,030 --> 00:23:45,964 with which you seem to handle everything else... 366 00:23:46,032 --> 00:23:47,693 then something's gonna get missed. 367 00:23:47,767 --> 00:23:50,429 And I wouldn't be doing my job if I allowed Dawson and Downey... 368 00:23:50,503 --> 00:23:53,063 to spend any more time in prison than absolutely necessary... 369 00:23:53,139 --> 00:23:56,233 because their attorney had predetermined the path of least resistance. 370 00:23:59,012 --> 00:24:00,445 Wow. 371 00:24:01,581 --> 00:24:04,049 I'm sexually aroused, Commander. 372 00:24:04,751 --> 00:24:07,015 I don't think your clients murdered anyone. 373 00:24:07,087 --> 00:24:08,452 What are you basing this on? 374 00:24:08,521 --> 00:24:10,318 There was no intent. 375 00:24:10,390 --> 00:24:13,223 The doctor's report says Santiago died of asphyxiation... 376 00:24:13,293 --> 00:24:15,227 brought on by acute lactic acidosis... 377 00:24:15,295 --> 00:24:19,129 and that the nature of the acidosis strongly suggests poison. 378 00:24:19,199 --> 00:24:21,963 I don't know what any of that means, but it sounds pretty bad. 379 00:24:22,035 --> 00:24:23,969 Santiago died at 1:00 a. m. 380 00:24:24,037 --> 00:24:26,835 At 3:00, the doctor wasn’t able to determine the cause of death. 381 00:24:26,906 --> 00:24:29,136 Two hours later, he said it was poison. 382 00:24:29,209 --> 00:24:31,734 Oh, now I see what you’re saying. 383 00:24:31,811 --> 00:24:35,110 It had to be Professor Plum in the library with a candlestick. 384 00:24:35,181 --> 00:24:37,649 - I'm gonna talk to your supervisor. - Okay. 385 00:24:37,717 --> 00:24:39,878 Go straight up Pennsylvania Avenue. 386 00:24:39,953 --> 00:24:42,444 It's the big white house with the pillars in front. 387 00:24:42,522 --> 00:24:45,719 - Thank you. - I don't think you’ll have much luck. 388 00:24:45,792 --> 00:24:47,225 I was assigned by Division. 389 00:24:47,293 --> 00:24:50,353 Somebody over there thinks I'm a pretty good lawyer. 390 00:24:50,430 --> 00:24:53,922 So while I appreciate your interest and admire your enthusiasm... 391 00:24:54,000 --> 00:24:56,468 I think I can handle things myself. 392 00:24:56,536 --> 00:24:58,629 You know what a Code Red is? 393 00:25:02,509 --> 00:25:04,636 What a pity. 394 00:25:14,854 --> 00:25:17,322 - Morning, sir. - Morning. 395 00:25:18,258 --> 00:25:19,919 Officer on deck! 396 00:25:19,993 --> 00:25:22,154 Sir, Lance Corporal Harold W. Dawson, sir! 397 00:25:22,228 --> 00:25:24,423 Rifle Security Company Windward, Second Platoon Bravo. 398 00:25:24,497 --> 00:25:27,762 Someone hasn't been working and playing well with others, Harold. 399 00:25:27,834 --> 00:25:29,768 Sir, yes, sir! 400 00:25:31,538 --> 00:25:33,870 Sir, P.F.C. Louden Downey, sir! 401 00:25:35,375 --> 00:25:37,969 I'm Daniel Kaffee. This is Sam Weinberg. 402 00:25:38,044 --> 00:25:39,204 Sit down. 403 00:25:46,519 --> 00:25:49,317 - This your signature? - Yes, sir. 404 00:25:49,389 --> 00:25:51,186 You don't have to call me "sir. " Is this your signature? 405 00:25:51,257 --> 00:25:52,451 Sir, yes, sir. 406 00:25:52,525 --> 00:25:55,392 You certainly don't need to do it twice in one sentence. 407 00:25:55,462 --> 00:25:59,057 - What's a Code Red? - It is a disciplinary engagement. 408 00:25:59,132 --> 00:26:00,565 What's that mean? 409 00:26:00,633 --> 00:26:04,501 A Marine falls out of line, it's up to the men in his unit to get him on track. 410 00:26:04,571 --> 00:26:08,063 - What's a garden variety Code Red? - Sir? 411 00:26:08,141 --> 00:26:12,077 Harold, you say, "sir," and I turn around and look for my father. 412 00:26:12,145 --> 00:26:14,705 Danny, Daniel, Kaffee. 413 00:26:14,781 --> 00:26:17,841 Garden variety. Typical. What's basic Code Red? 414 00:26:17,917 --> 00:26:20,545 Sir, a Marine refuses to bathe on a regular basis... 415 00:26:20,620 --> 00:26:23,214 the men in his squad will give him a G.I. shower. 416 00:26:23,289 --> 00:26:24,551 What's that? 417 00:26:24,624 --> 00:26:27,149 Scrub brushes, Brillo pads, steel wool. 418 00:26:27,227 --> 00:26:28,558 Beautiful. 419 00:26:28,628 --> 00:26:31,153 Was the attack on Santiago a Code Red? 420 00:26:31,231 --> 00:26:32,926 Yes, sir. 421 00:26:38,171 --> 00:26:41,334 Does he ever talk? 422 00:26:41,407 --> 00:26:44,706 Sir, P.F.C. Downey will answer any direct questions you ask him. 423 00:26:44,777 --> 00:26:46,335 Swell. 424 00:26:47,947 --> 00:26:50,711 Private Downey, the rag you stuffed in Santiago's mouth- 425 00:26:50,783 --> 00:26:52,717 - Was there poison on it? - No, sir. 426 00:26:52,785 --> 00:26:55,276 Silver polish, turpentine, antifreeze? 427 00:26:55,355 --> 00:26:57,721 No, sir. We were just gonna shave his head, sir. 428 00:26:57,790 --> 00:27:00,588 When all of the sudden- 429 00:27:00,660 --> 00:27:03,094 We saw blood dripping down his mouth... 430 00:27:03,163 --> 00:27:07,361 and we pulled the tape off and there was blood all down his face, sir. 431 00:27:07,433 --> 00:27:10,698 That's when Lance Corporal Dawson called the ambulance. 432 00:27:10,770 --> 00:27:12,465 Did anyone see you call the ambulance? 433 00:27:14,474 --> 00:27:15,634 No, sir. 434 00:27:18,144 --> 00:27:19,873 Were you there when the ambulance got there? 435 00:27:19,946 --> 00:27:22,312 Yes, sir. That's when we were taken under arrest. 436 00:27:22,382 --> 00:27:27,183 The night of August 2, did you fire a shot across the fence line into Cuba? 437 00:27:29,122 --> 00:27:30,555 - Yes, sir. - Why? 438 00:27:30,623 --> 00:27:33,421 - My mirror engaged, sir. - His mirror? 439 00:27:33,493 --> 00:27:37,361 Every American sentry post has a Cuban counterpart, called "mirrors. " 440 00:27:37,430 --> 00:27:40,888 Lance Corporal's claiming that his mirror was about to fire at him. 441 00:27:40,967 --> 00:27:43,435 Santiago's letter to the N.I.S... 442 00:27:43,503 --> 00:27:45,971 said you fired illegally. 443 00:27:46,039 --> 00:27:49,975 He's saying that the guy, the mirror- 444 00:27:50,043 --> 00:27:51,635 He never made a move. 445 00:27:58,084 --> 00:28:00,018 You see what I'm getting at? 446 00:28:01,087 --> 00:28:04,318 If Santiago didn't have anything on you, then why did you give him a Code Red? 447 00:28:04,390 --> 00:28:06,585 'Cause he broke the chain of command, sir. 448 00:28:06,659 --> 00:28:09,628 - He what? - He went outside of his unit, sir. 449 00:28:09,696 --> 00:28:12,096 If he had a problem, he should have spoken to me, sir. 450 00:28:12,165 --> 00:28:15,191 - Then his sergeant, then commander- - Yeah. All right. 451 00:28:15,268 --> 00:28:17,930 Did you assault Santiago with the intent of killing him? 452 00:28:18,004 --> 00:28:19,665 - No, sir. - What was your intent? 453 00:28:19,739 --> 00:28:22,503 - To train him, sir. - Train him to do what? 454 00:28:22,575 --> 00:28:27,103 Train him to think of his unit before himself- to respect the code. 455 00:28:27,180 --> 00:28:28,977 What's the code? 456 00:28:29,048 --> 00:28:31,016 Unit, Corps, God, Country. 457 00:28:31,084 --> 00:28:32,346 I beg your pardon? 458 00:28:32,418 --> 00:28:37,788 Unit, Corps, God, Country, sir. 459 00:28:53,673 --> 00:28:56,574 The government of the United States... 460 00:28:56,643 --> 00:28:59,441 wants to charge you two with murder... 461 00:28:59,512 --> 00:29:01,503 and you want me to go to the prosecutor... 462 00:29:01,581 --> 00:29:05,142 with "Unit, Corps, God, Country"? 463 00:29:05,218 --> 00:29:07,209 That's our code, sir. 464 00:29:11,224 --> 00:29:13,055 It's your code. 465 00:29:13,126 --> 00:29:15,686 We'll be back. 466 00:29:15,762 --> 00:29:19,630 You guys need anything- books, papers, cigarettes, ham sandwich? 467 00:29:19,699 --> 00:29:21,997 Sir, no, thank you, sir. 468 00:29:22,068 --> 00:29:25,868 Harold, I think there's a concept you better start warming up to. 469 00:29:25,938 --> 00:29:27,200 Sir? 470 00:29:27,273 --> 00:29:29,867 I'm the only friend you've got. 471 00:29:45,024 --> 00:29:46,286 Smiling Jack Ross. 472 00:29:46,359 --> 00:29:48,589 - Welcome to the big time. - You think so? 473 00:29:48,661 --> 00:29:52,529 Let's hope, for Dawson and Downey, you practice law better than play softball. 474 00:29:52,598 --> 00:29:56,125 Unfortunately for those two, I don't do anything better than play softball. 475 00:29:56,202 --> 00:29:57,726 - I'm out of here, Janelle. - Bye. 476 00:29:57,804 --> 00:30:00,102 - See you when I get back from Cuba. - Say hi to Castro for me. 477 00:30:00,173 --> 00:30:02,471 Will do. What are we looking at? 478 00:30:02,542 --> 00:30:05,705 They plead guilty, we drop the conspiracy and conduct unbecoming. 479 00:30:05,778 --> 00:30:08,042 - Twenty years. They're home in half. - I want 12. 480 00:30:08,114 --> 00:30:10,082 - Can't do it. - They called the ambulance. 481 00:30:10,149 --> 00:30:13,482 I don't care if they called the Avon lady. They killed a Marine. 482 00:30:13,553 --> 00:30:15,953 The rag was tested for poison. The autopsy, lab reports. 483 00:30:16,022 --> 00:30:17,683 They say the same thing: maybe, maybe not. 484 00:30:17,757 --> 00:30:20,817 Chief of Internal Medicine at the Guantanamo Bay Naval Hospital... 485 00:30:20,893 --> 00:30:22,417 says he's sure. 486 00:30:22,495 --> 00:30:24,554 What do you know about Code Reds? 487 00:30:24,630 --> 00:30:26,063 Oh, man. 488 00:30:28,568 --> 00:30:31,059 - We off the record? - Tell me. 489 00:30:32,338 --> 00:30:34,272 I'm gonna give you the 12 years. 490 00:30:34,340 --> 00:30:37,503 Before you go getting yourself into trouble tomorrow, you should know... 491 00:30:37,577 --> 00:30:39,704 the platoon commander, Lieutenant Jonathan Kendrick... 492 00:30:39,779 --> 00:30:42,714 held a meeting with the men and specifically... 493 00:30:42,782 --> 00:30:45,216 told them not to touch Santiago. 494 00:30:47,820 --> 00:30:50,653 - We still playing hoops tomorrow night? - Do we have a deal? 495 00:30:50,723 --> 00:30:53,419 I'll talk to you when I get back. 496 00:30:56,896 --> 00:30:59,660 - Hi there. - Any luck getting me replaced? 497 00:30:59,732 --> 00:31:02,963 Is there anyone in this command you don't either drink or play ball with? 498 00:31:03,035 --> 00:31:04,969 - Commander- - Listen. I came to make peace. 499 00:31:05,037 --> 00:31:09,064 Got off on the wrong foot. What do you say? Friends? 500 00:31:09,142 --> 00:31:12,202 I brought Downey some comic books he was asking for. 501 00:31:12,278 --> 00:31:14,712 The kid, Kaffee, I swear he doesn't know where he is. 502 00:31:14,781 --> 00:31:17,113 - Doesn't even know why he's arrested. - Commander. 503 00:31:17,183 --> 00:31:18,946 - You can call me Joanne. - Joanne. 504 00:31:19,018 --> 00:31:21,248 - Or Jo. - Yes. 505 00:31:21,320 --> 00:31:24,312 Jo, if you ever speak to a client of mine again without my permission... 506 00:31:24,390 --> 00:31:25,948 I'll have you disbarred. 507 00:31:26,025 --> 00:31:29,256 - Friends? - I had authorization. 508 00:31:29,328 --> 00:31:32,092 - From where? - Downey's closest living relative. 509 00:31:32,165 --> 00:31:35,726 Ginny Miller. His aunt on his mother's side. 510 00:31:35,802 --> 00:31:38,134 You got authorization from Aunt Ginny? 511 00:31:38,204 --> 00:31:40,195 I gave her a call like you asked. 512 00:31:40,273 --> 00:31:42,673 Very nice woman. We spoke for about an hour. 513 00:31:42,742 --> 00:31:45,267 You got authorization from Aunt Ginny. 514 00:31:45,344 --> 00:31:48,006 Perfectly within my province. 515 00:31:48,080 --> 00:31:50,514 Does Aunt Ginny have a barn? We could hold the trial there. 516 00:31:50,583 --> 00:31:53,711 I can sew the costumes. Maybe his Uncle Goober can be the judge. 517 00:31:57,156 --> 00:31:59,681 I'm going to Cuba with you tomorrow. 518 00:32:01,694 --> 00:32:04,492 And the hits just keep on coming. 519 00:32:27,520 --> 00:32:31,081 - How's it going, Luther? - Another day, another dollar, captain. 520 00:32:31,157 --> 00:32:34,354 - You gotta play them as they lay. - What goes around comes around. 521 00:32:34,427 --> 00:32:37,863 - Can't beat 'em, join 'em. - At least I got my health. 522 00:32:37,930 --> 00:32:41,696 Well, then you got everything. See you tomorrow, Luther. 523 00:32:41,767 --> 00:32:43,701 Not if I see you first. 524 00:32:46,038 --> 00:32:48,029 Now don't forget. When Sally gets back, you're my witness. 525 00:32:48,107 --> 00:32:50,405 The baby spoke. My daughter said a word. 526 00:32:50,476 --> 00:32:52,774 Your daughter made a sound, Sam. I'm not sure it was a word. 527 00:32:52,845 --> 00:32:54,779 Come on, now. It was definitely a word. 528 00:32:57,683 --> 00:33:00,345 You heard her. The girl sat here, pointed and said, " Pa. " 529 00:33:00,419 --> 00:33:02,512 She did. She said, " Pa. " 530 00:33:02,588 --> 00:33:04,818 She was pointing at a mailbox, Sam. 531 00:33:04,891 --> 00:33:08,850 That's right, pointing as if to say, " Pa, look. A mailbox. " 532 00:33:16,402 --> 00:33:19,530 Jack Ross came to see me today. He offered me the 12 years. 533 00:33:19,605 --> 00:33:22,301 - Oh, that's what you wanted, right? - I know, I know. 534 00:33:23,376 --> 00:33:27,938 I mean, I guess I'll take it. I'll take it. 535 00:33:29,015 --> 00:33:32,143 - So- - It took about 45 seconds. 536 00:33:32,218 --> 00:33:33,913 He barely put up a fight. 537 00:33:33,986 --> 00:33:36,546 Danny, take the 12 years. It's a gift. 538 00:33:37,623 --> 00:33:39,557 You don't believe their story, do you? 539 00:33:39,625 --> 00:33:41,786 You think they ought to go to jail for the rest of their lives. 540 00:33:41,861 --> 00:33:44,056 I believe every word of their story... 541 00:33:44,130 --> 00:33:47,156 and I think they ought to go to jail for the rest of their lives. 542 00:33:52,605 --> 00:33:54,539 - See you tomorrow. - Okay. 543 00:33:54,607 --> 00:33:57,235 Don't forget to wear the whites. Very hot down there. 544 00:33:57,310 --> 00:33:59,175 I don't like the whites. 545 00:33:59,245 --> 00:34:01,611 Nobody likes the whites, but we're going to Cuba. 546 00:34:01,681 --> 00:34:04,377 - You got Dramamine? - Dramamine keeps you cool? 547 00:34:04,450 --> 00:34:08,011 No, Dramamine keeps you from throwing up. You get sick when you fly. 548 00:34:08,087 --> 00:34:11,454 I get sick when I fly because I'm afraid of crashing into a large mountain. 549 00:34:11,524 --> 00:34:13,082 I don't think Dramamine will help. 550 00:34:14,093 --> 00:34:16,527 I got some oregano. I hear that works pretty good. 551 00:34:19,966 --> 00:34:23,197 You know, Ross said the strangest thing to me right before I left. 552 00:34:23,269 --> 00:34:26,670 He said the platoon commander Lieutenant Jonathan Kendrick... 553 00:34:26,739 --> 00:34:30,368 had a meeting with the men and told them not to touch Santiago. 554 00:34:30,443 --> 00:34:31,842 So? 555 00:34:33,212 --> 00:34:35,578 I never mentioned Kendrick. I don't even know who he is. 556 00:34:39,218 --> 00:34:43,211 Ah, what the hell. I'll see you tomorrow. 557 00:35:19,125 --> 00:35:21,821 Lieutenants Kaffee and Weinberg, Commander Galloway. 558 00:35:21,894 --> 00:35:24,590 I'm Corporal Barnes. I'm to escort you to the windward side of the base. 559 00:35:24,664 --> 00:35:27,827 - Thank you. - I got some camouflage jackets here. 560 00:35:27,900 --> 00:35:31,028 - I suggest you both put them on. - Camouflage jackets? 561 00:35:31,103 --> 00:35:34,231 Yes, sir. We'll be riding pretty close to the fence line. 562 00:35:34,306 --> 00:35:36,467 The Cubans see an officer wearing white... 563 00:35:36,542 --> 00:35:39,102 they think it might be someone they want to take a shot at. 564 00:35:40,913 --> 00:35:43,381 Good call, Sam. 565 00:35:47,953 --> 00:35:50,581 We'll just hop on the ferry. We'll be there in no time. 566 00:35:50,656 --> 00:35:53,250 - Wait. We gotta take a boat? - Yes, sir. 567 00:35:53,325 --> 00:35:56,954 - To get to the other side of the bay. - Nobody said anything about a boat. 568 00:35:57,029 --> 00:35:59,827 - Is there a problem, sir? - No, no problem. 569 00:35:59,899 --> 00:36:01,662 Just not crazy about boats. 570 00:36:01,734 --> 00:36:06,000 Jesus Christ, Kaffee, you're in the Navy, for crying out loud. 571 00:36:06,072 --> 00:36:09,633 - Nobody likes her very much. - Yes, sir! 572 00:36:22,822 --> 00:36:25,416 Nathan Jessup. Come on in. 573 00:36:25,491 --> 00:36:29,518 Thank you, sir. Daniel Kaffee. I'm the attorney for Dawson and Downey. 574 00:36:29,595 --> 00:36:31,961 This is Lieutenant Commander Joanne Galloway. 575 00:36:32,031 --> 00:36:35,228 - Pleasure meeting you, Commander. - Observing and evaluating, sir. 576 00:36:35,301 --> 00:36:37,235 Lieutenant Sam Weinberg. He'll be assisting. 577 00:36:37,303 --> 00:36:40,033 - Sir. - This is my X.O., Colonel Markinson... 578 00:36:40,106 --> 00:36:42,131 and platoon leader Lieutenant Kendrick. 579 00:36:42,208 --> 00:36:44,699 I've asked them to join us. Sit down, please. 580 00:36:44,777 --> 00:36:47,245 - Lieutenant Kaffee. - Colonel Markinson. 581 00:36:47,313 --> 00:36:49,804 I had the pleasure of meeting your father once. 582 00:36:49,882 --> 00:36:51,941 I was a teenager. He spoke at my high school. 583 00:36:52,952 --> 00:36:54,146 Lionel Kaffee? 584 00:36:54,987 --> 00:36:56,955 - Yes, sir. - Well, what do you know? 585 00:36:57,022 --> 00:37:01,618 John, this man's dad once made a lot of enemies down in your neck of the woods. 586 00:37:01,694 --> 00:37:05,460 Jefferson v. Madison County School District. 587 00:37:05,531 --> 00:37:09,865 Folks down there said a black girl couldn't go to an all-white school. 588 00:37:09,935 --> 00:37:13,871 Lionel Kaffee said, "Well, we'll just see about that. " 589 00:37:13,939 --> 00:37:16,499 How the hell is your dad, Danny? 590 00:37:16,575 --> 00:37:18,975 He passed away seven years ago, sir. 591 00:37:20,713 --> 00:37:23,580 Don't I feel like the fuckin' asshole. 592 00:37:23,649 --> 00:37:24,980 Not at all. 593 00:37:26,218 --> 00:37:28,311 Well, what can we do for you, Danny? 594 00:37:28,387 --> 00:37:30,321 Uh, not much, sir. 595 00:37:31,824 --> 00:37:35,726 This is really a formality more than anything else. 596 00:37:36,796 --> 00:37:39,697 JAG Corps insists that we interview all the relevant witnesses. 597 00:37:39,765 --> 00:37:41,733 The JAG Corps can be demanding that way. 598 00:37:43,469 --> 00:37:46,267 John will take you out and show you what you want to see. 599 00:37:46,338 --> 00:37:48,397 After that we can all hook up for lunch. 600 00:37:48,474 --> 00:37:51,705 - How does that sound? Good. - Fine, sir. 601 00:37:59,819 --> 00:38:02,253 I understand you had a meeting with your men that afternoon. 602 00:38:02,321 --> 00:38:04,653 - Yes, I did. - What did you guys talk about? 603 00:38:04,723 --> 00:38:07,089 I told the men that we had an informer among us... 604 00:38:07,159 --> 00:38:10,151 and that despite any desire they might have to seek retribution... 605 00:38:10,229 --> 00:38:13,721 Private Santiago was not to be harmed in anyway. 606 00:38:13,799 --> 00:38:17,098 - What time was that meeting? - 1600. 607 00:38:17,169 --> 00:38:20,036 That's 4:00. 608 00:39:11,390 --> 00:39:13,915 Sam, we should make sure somebody gets this to his parents. 609 00:39:13,993 --> 00:39:17,156 - We don't need it anymore. - Right. 610 00:39:18,430 --> 00:39:20,694 Lieutenant Kendrick, may I call you John? 611 00:39:20,766 --> 00:39:22,825 No, you may not. 612 00:39:22,902 --> 00:39:25,029 Have I done something to offend you? 613 00:39:25,104 --> 00:39:27,197 No, I like all you Navy boys. 614 00:39:27,273 --> 00:39:31,334 Every time we gotta go someplace to fight, you fellas always give us a ride. 615 00:39:32,711 --> 00:39:36,147 Lieutenant Kendrick, do you think Santiago was murdered? 616 00:39:36,215 --> 00:39:39,082 Commander, I believe in God and His Son Jesus Christ. 617 00:39:39,151 --> 00:39:41,142 And because I do, I can say this: 618 00:39:41,220 --> 00:39:44,951 Private Santiago is dead, and that is a tragedy. 619 00:39:45,024 --> 00:39:47,288 But he is dead because he had no code. 620 00:39:47,359 --> 00:39:51,659 He is dead because he had no honor, and God was watching. 621 00:39:54,133 --> 00:39:55,896 How do you feel about that theory? 622 00:39:55,968 --> 00:39:58,198 Sounds good. Let's move on. 623 00:39:58,270 --> 00:40:00,261 Are you planning on doing any investigating... 624 00:40:00,339 --> 00:40:02,273 or are you just gonna take the guided tour? 625 00:40:03,909 --> 00:40:06,707 I'm pacing myself. 626 00:40:07,546 --> 00:40:09,275 They were running around for three hours... 627 00:40:09,348 --> 00:40:12,283 looking for anything white they could wave in the air. 628 00:40:12,351 --> 00:40:15,650 Some of these people surrendered to a crew from CNN. 629 00:40:16,722 --> 00:40:21,989 Well, walk softly and carry an armored tank division, I always say. 630 00:40:23,462 --> 00:40:26,693 - That was delicious. Thank you. - My pleasure, sir. 631 00:40:26,765 --> 00:40:31,600 Colonel, I do have to ask you a couple of questions about September 6. 632 00:40:31,670 --> 00:40:33,262 Shoot. 633 00:40:33,339 --> 00:40:35,933 On the morning of the sixth, you were contacted by an N.I.S. agent... 634 00:40:36,008 --> 00:40:39,444 who said that Santiago tipped him off to an illegal fence line shooting. 635 00:40:39,511 --> 00:40:41,706 - Yes. - Santiago would reveal the person... 636 00:40:41,780 --> 00:40:44,578 - in exchange for a transfer. - Yes. 637 00:40:47,686 --> 00:40:50,484 If you feel there are any details that I'm missing... 638 00:40:50,556 --> 00:40:53,787 you should feel free to speak up. 639 00:40:56,362 --> 00:40:57,795 Thank you. 640 00:41:01,367 --> 00:41:04,165 Now, at this point you called Lieutenant Colonel Markinson... 641 00:41:04,236 --> 00:41:06,568 and Lieutenant Kendrick into your office. 642 00:41:06,638 --> 00:41:08,333 - Is that right? - Yes. 643 00:41:08,407 --> 00:41:09,567 What happened? 644 00:41:09,641 --> 00:41:15,443 We agreed that, for his own safety, Santiago should be transferred off base. 645 00:41:15,514 --> 00:41:19,541 Santiago was set to be transferred. 646 00:41:19,618 --> 00:41:22,212 On the first available flight to the States... 647 00:41:22,287 --> 00:41:24,414 0600 the next morning. 648 00:41:24,490 --> 00:41:28,586 Five hours too late, as it turned out. 649 00:41:29,862 --> 00:41:31,295 Yeah. 650 00:41:32,865 --> 00:41:35,231 All right. That's all I have. Thanks very much for your time. 651 00:41:35,300 --> 00:41:38,599 Corporal's waiting with the Jeep. He'll take you back to the flight line. 652 00:41:38,670 --> 00:41:40,695 - Thank you, sir. - Wait. I've got some questions. 653 00:41:40,773 --> 00:41:42,400 - No, you don't. - Yes, I do. 654 00:41:42,474 --> 00:41:45,466 - No, you don't. - On the morning that Santiago died... 655 00:41:45,544 --> 00:41:49,139 did you meet with Dr. Stone between 3:00 and 5:00? 656 00:41:49,214 --> 00:41:53,241 Of course I met with the doctor. One of my men was dead. 657 00:41:53,318 --> 00:41:55,843 See? The man was dead. Let's go. 658 00:41:55,921 --> 00:41:59,584 I'm just wondering if you’ve ever heard the term "Code Red. " 659 00:42:00,926 --> 00:42:02,621 I've heard the term, yes. 660 00:42:02,694 --> 00:42:05,686 This past February, you received a cautionary memo... 661 00:42:05,764 --> 00:42:08,062 from the commander-in-chief of the Atlantic fleet... 662 00:42:08,133 --> 00:42:10,067 warning that the practice of enlisted men... 663 00:42:10,135 --> 00:42:13,298 disciplining their own wasn't to be condoned by officers. 664 00:42:13,372 --> 00:42:15,897 Well, I submit to you that whoever wrote that memo... 665 00:42:15,974 --> 00:42:17,908 has never faced the working end... 666 00:42:17,976 --> 00:42:22,037 of a Soviet-made Cuban AK-47 assault rifle. 667 00:42:22,114 --> 00:42:25,811 However, the directive having come from the commander... 668 00:42:25,884 --> 00:42:28,011 I gave it its due attention. 669 00:42:28,087 --> 00:42:30,647 - What is your point, Jo? - She has no point. 670 00:42:30,722 --> 00:42:32,656 She often has no point. It's part of her charm. 671 00:42:32,724 --> 00:42:37,718 - We're out of here. Thank you. - I think Code Reds still go on here. 672 00:42:37,796 --> 00:42:42,062 - Do Code Reds still happen here? - Jo, he doesn't need to answer that. 673 00:42:42,134 --> 00:42:43,692 - Yes, he does. - No, he really doesn't. 674 00:42:43,769 --> 00:42:45,828 Yeah, he really does. 675 00:42:50,576 --> 00:42:52,806 You know, it just hit me. 676 00:42:53,879 --> 00:42:55,813 She outranks you, Danny. 677 00:42:55,881 --> 00:42:58,714 - Yes, sir. - I wanna tell you something. 678 00:42:58,784 --> 00:43:01,309 And listen up, 'cause I really mean this. 679 00:43:01,386 --> 00:43:04,116 You're the luckiest man in the world. 680 00:43:04,189 --> 00:43:08,489 There is nothing on this earth sexier- believe me, gentlemen- 681 00:43:08,560 --> 00:43:11,552 than a woman that you have to salute in the morning. 682 00:43:12,231 --> 00:43:15,530 Promote 'em all, I say, 'cause this is true: 683 00:43:15,601 --> 00:43:18,729 If you haven't gotten a blowjob from a superior officer... 684 00:43:18,804 --> 00:43:23,264 well, you’re just letting the best in life pass you by. 685 00:43:24,443 --> 00:43:27,105 Colonel, the practice of Code Reds is still condoned by officers- 686 00:43:27,179 --> 00:43:31,616 My problem is that I'm a colonel, so I'll go on taking cold showers... 687 00:43:31,683 --> 00:43:34,243 until they elect some gal president. 688 00:43:34,319 --> 00:43:36,787 I need an answer to my question, sir. 689 00:43:36,855 --> 00:43:40,416 Take caution in your tone, Commander. 690 00:43:40,492 --> 00:43:45,862 I'm a fair guy, but this fucking heat is making me absolutely crazy. 691 00:43:47,633 --> 00:43:50,067 You wanna ask me about Code Reds? On the record... 692 00:43:50,135 --> 00:43:52,126 I tell you I discourage the practice... 693 00:43:52,204 --> 00:43:54,263 in accordance with the commander's directive. 694 00:43:54,339 --> 00:43:57,365 Off the record, I tell you it is an invaluable part... 695 00:43:57,442 --> 00:43:59,376 of close-infantry training. 696 00:43:59,444 --> 00:44:03,380 And if it happens to go on without my knowledge, so be it. 697 00:44:03,448 --> 00:44:06,474 I run my unit how I run my unit. 698 00:44:06,552 --> 00:44:10,989 You wanna investigate me, roll the dice and take your chances. 699 00:44:11,056 --> 00:44:15,550 I eat breakfast 300 yards from 4,000 Cubans who are trained to kill me. 700 00:44:15,627 --> 00:44:18,721 So don't think for one second that you can come down here... 701 00:44:18,797 --> 00:44:20,890 flash a badge... 702 00:44:20,966 --> 00:44:23,560 and make me nervous. 703 00:44:27,706 --> 00:44:28,968 Let's go. 704 00:44:31,977 --> 00:44:35,572 Colonel, I'll just need a copy of Santiago’s transfer order. 705 00:44:36,181 --> 00:44:37,239 What's that? 706 00:44:37,316 --> 00:44:40,444 Santiago's transfer order. You guys have paperwork on that kind of thing. 707 00:44:40,519 --> 00:44:42,453 I just need it for the file. 708 00:44:42,521 --> 00:44:45,513 - For the file. - Yeah. 709 00:44:47,659 --> 00:44:51,993 Of course you can have a copy of the transfer order for the file. 710 00:44:52,064 --> 00:44:55,329 - I'm here to help in anyway I can. - Thank you. 711 00:44:55,400 --> 00:44:59,427 You believe that, don’t you, Danny, that I'm here to help you in anyway I can? 712 00:45:00,505 --> 00:45:01,767 Of course. 713 00:45:02,474 --> 00:45:05,966 Corporal will take you by personnel on your way out to the flight line... 714 00:45:06,044 --> 00:45:10,276 and you can have all the transfer orders that you want. 715 00:45:11,350 --> 00:45:14,547 - Let's go. - But you have to ask me nicely. 716 00:45:16,922 --> 00:45:18,184 I beg your pardon? 717 00:45:18,257 --> 00:45:21,385 You have to ask me nicely. 718 00:45:21,460 --> 00:45:24,861 You see, Danny, I can deal with the bullets and the bombs and the blood. 719 00:45:24,930 --> 00:45:28,093 I don't want money, and I don't want medals. 720 00:45:28,166 --> 00:45:32,865 What I do want is for you to stand there in that faggoty white uniform... 721 00:45:32,938 --> 00:45:37,375 and with your Harvard mouth extend me some fucking courtesy. 722 00:45:40,078 --> 00:45:42,569 You gotta ask me nicely. 723 00:45:46,084 --> 00:45:48,416 Colonel Jessup, if it’s not too much trouble... 724 00:45:48,487 --> 00:45:52,389 I'd like a copy of the transfer order, sir. 725 00:45:55,727 --> 00:45:57,160 No problem. 726 00:46:22,220 --> 00:46:25,587 In the seventh. San Diego leads. Braves try to comeback. 727 00:46:25,657 --> 00:46:27,921 Runners don’t go. 728 00:46:27,993 --> 00:46:30,757 Hard drive, right field. We're gonna have a tied ballgame. 729 00:46:30,829 --> 00:46:34,788 It's on its way, and it is now 10 to 10. 730 00:46:34,866 --> 00:46:36,800 And I don't believe it. 731 00:46:40,172 --> 00:46:42,197 - Who is it? - It's me. 732 00:46:45,010 --> 00:46:49,140 I really missed you. I was just saying to myself it’s been almost three hours. 733 00:46:49,214 --> 00:46:52,047 - Markinson's disappeared. - What? 734 00:46:52,117 --> 00:46:54,881 Colonel Markinson's gone U.A.- unauthorized absence. 735 00:46:54,953 --> 00:46:56,443 I know what it means. When? 736 00:46:56,521 --> 00:46:58,785 This afternoon. Sometime after we left. 737 00:46:59,524 --> 00:47:02,152 - I'll try to find him in the morning. - I've already tried. 738 00:47:02,227 --> 00:47:03,956 You tried? 739 00:47:05,297 --> 00:47:08,630 Joanne, you're coming dangerously close to the textbook definition... 740 00:47:08,700 --> 00:47:10,998 of interfering with a government investigation. 741 00:47:11,069 --> 00:47:12,661 I'm Louden Downey's attorney. 742 00:47:13,872 --> 00:47:17,501 Aunt Ginny. She says she feels like she's known me for years. 743 00:47:17,576 --> 00:47:19,840 So I suggested that she might feel more comfortable... 744 00:47:19,911 --> 00:47:22,072 if I were directly involved with the case. 745 00:47:22,147 --> 00:47:25,548 She had Louden sign the papers about an hour ago. 746 00:47:25,617 --> 00:47:27,585 I suppose it's way too much to hope... 747 00:47:27,652 --> 00:47:30,120 that you’re making this up just to bother me. 748 00:47:30,188 --> 00:47:32,349 Don't worry. I'm not gonna make a motion for separation. 749 00:47:32,424 --> 00:47:35,291 - You're still lead counsel. - Splendid. 750 00:47:35,360 --> 00:47:38,193 I think Kendrick ordered the Code Red, and so do you. 751 00:47:40,098 --> 00:47:41,998 Let's go. 752 00:47:45,504 --> 00:47:47,631 Officer on deck! 753 00:47:47,706 --> 00:47:49,640 - Did Kendrick order the Code Red? - Sir? 754 00:47:49,708 --> 00:47:53,371 Don't say "Sir" like I just asked you if you cleaned the latrine. 755 00:47:53,445 --> 00:47:55,709 You heard what I said. Did Lieutenant Kendrick order you guys... 756 00:47:55,781 --> 00:47:57,806 to give Santiago a Code Red? 757 00:47:58,917 --> 00:48:00,214 Yes, sir. 758 00:48:01,753 --> 00:48:03,983 - Did he? - Yes, sir. 759 00:48:08,960 --> 00:48:12,020 You mind telling me why you never mentioned this before? 760 00:48:12,097 --> 00:48:16,158 - You didn't ask. - That won't win you a place in my heart. 761 00:48:16,234 --> 00:48:18,532 I get paid no matter how much time you spend in jail. 762 00:48:18,603 --> 00:48:20,662 Yes, sir. I know you do, sir. 763 00:48:20,739 --> 00:48:22,900 - Fuck you, Harold! - All right. 764 00:48:23,942 --> 00:48:26,410 At ease. 765 00:48:26,478 --> 00:48:28,412 - Let's sort this thing out. - Shit! 766 00:48:28,480 --> 00:48:31,916 There was a platoon meeting on September 6 at 4:00 in the afternoon. 767 00:48:31,983 --> 00:48:34,349 Lieutenant Kendrick says that he gave strict instructions... 768 00:48:34,419 --> 00:48:36,512 that nothing was to happen to Santiago. 769 00:48:36,588 --> 00:48:39,648 Now, is this true? 770 00:48:40,525 --> 00:48:42,356 I want you to speak freely. 771 00:48:45,263 --> 00:48:46,821 Ma'am, that's correct... 772 00:48:46,898 --> 00:48:49,560 but then he dismissed the platoon and we all went to our rooms. 773 00:48:49,634 --> 00:48:50,999 And what happened then? 774 00:48:51,069 --> 00:48:53,697 Lieutenant Kendrick came to our room, ma'am. 775 00:48:53,772 --> 00:48:54,830 When? 776 00:48:56,308 --> 00:49:00,540 About five minutes after the meeting broke, sir. About 1620. 777 00:49:00,612 --> 00:49:02,239 And what happened then? 778 00:49:03,081 --> 00:49:07,575 Lieutenant Kendrick ordered us to give Santiago a Code Red. 779 00:49:08,954 --> 00:49:10,046 Jack! 780 00:49:10,121 --> 00:49:12,351 Hang on. 781 00:49:12,424 --> 00:49:13,948 They were given an order. 782 00:49:16,862 --> 00:49:19,023 - Jack, come on. - Be right back. 783 00:49:19,097 --> 00:49:22,294 - What are you doin', Jack? - Be right back. 784 00:49:22,367 --> 00:49:25,530 - How long did you know about the order? - I didn't. Who's this? 785 00:49:25,604 --> 00:49:29,267 That's Jo Galloway, Downey's lawyer. She's very pleased to meet you. 786 00:49:29,341 --> 00:49:32,504 - What exactly are you accusing me of? - How long did you know about the order? 787 00:49:32,577 --> 00:49:34,602 He didn't, 'cause if he did and hadn't told us... 788 00:49:34,679 --> 00:49:37,443 he'd be violating about 14 articles of the Code of Ethics. 789 00:49:37,516 --> 00:49:38,949 He has enough to worry about... 790 00:49:39,017 --> 00:49:41,110 God forbid our clients decide to plead not guilty... 791 00:49:41,186 --> 00:49:43,416 and testify for the record that they were given an order. 792 00:49:43,488 --> 00:49:46,116 Kendrick specifically told those men not to touch Santiago. 793 00:49:46,191 --> 00:49:48,056 That's right. And then he went into Dawson and Downey's room... 794 00:49:48,126 --> 00:49:50,117 and specifically told them to give him a Code Red. 795 00:49:50,195 --> 00:49:52,925 - Kendrick said different. Have proof? - He's lying. I have the defendants. 796 00:49:52,998 --> 00:49:55,125 And I have 23 Marines who aren't accused of murder... 797 00:49:55,200 --> 00:49:57,498 and a lieutenant with four letters of commendation. 798 00:49:57,569 --> 00:49:59,764 - Why did Markinson go U.A.? - We'll never know. 799 00:49:59,838 --> 00:50:02,830 - You don't think I could subpoena him? - You can try, but you won't find him. 800 00:50:02,908 --> 00:50:06,776 You know what he did for the first 17 of his 26 years in the Corps? 801 00:50:06,845 --> 00:50:11,305 Counterintelligence. Markinson's gone. There is no Markinson. 802 00:50:12,817 --> 00:50:14,751 Look, Danny. 803 00:50:14,819 --> 00:50:17,344 Jessup's star is on the rise. 804 00:50:17,422 --> 00:50:19,356 Division will give me a lot of room on this one... 805 00:50:19,424 --> 00:50:21,619 to spare Jessup and the Corps any embarrassment. 806 00:50:21,693 --> 00:50:22,853 How much? 807 00:50:24,029 --> 00:50:27,590 Involuntary manslaughter, two years, they're home in six months. 808 00:50:27,666 --> 00:50:29,133 No deal. We're going to court. 809 00:50:29,200 --> 00:50:31,031 - No, you're not. - Why not? 810 00:50:31,102 --> 00:50:34,401 'Cause you’ll lose, and Danny knows it. 811 00:50:34,472 --> 00:50:37,202 If we do go to court, I'm gonna have to go all the way. 812 00:50:37,275 --> 00:50:39,607 They're gonna be charged with a whole truckload- 813 00:50:39,678 --> 00:50:42,272 murder, conspiracy, conduct unbecoming. 814 00:50:42,347 --> 00:50:44,747 Even though he's got me by the balls out here, Danny knows... 815 00:50:44,816 --> 00:50:47,148 that in a courtroom, he loses this case. 816 00:50:47,218 --> 00:50:49,152 Danny is an awfully talented lawyer. 817 00:50:49,220 --> 00:50:51,620 He's not about to see his clients go to jail for life... 818 00:50:51,690 --> 00:50:54,181 when he knows they can be home in six months. 819 00:50:54,926 --> 00:50:56,860 That's the end of this negotiation. 820 00:50:57,762 --> 00:51:00,128 I'll see you tomorrow morning at the arraignment. 821 00:51:03,535 --> 00:51:06,436 All right. Here's the story. 822 00:51:06,504 --> 00:51:11,203 The government's offering involuntary manslaughter, two years. 823 00:51:11,276 --> 00:51:13,210 Be home in six months. 824 00:51:15,880 --> 00:51:19,475 Wow, Kaffee! You're the greatest lawyer in the world! 825 00:51:19,551 --> 00:51:22,611 Ooh, how can we ever thank you? 826 00:51:22,687 --> 00:51:25,247 Fellas, you hear what I just said? 827 00:51:25,323 --> 00:51:28,588 You're going home in six months. 828 00:51:28,660 --> 00:51:30,992 I'm afraid we can't do that, sir. 829 00:51:31,062 --> 00:51:34,395 - Do what? - Make a deal, sir. 830 00:51:34,466 --> 00:51:35,933 What are you talking about? 831 00:51:36,001 --> 00:51:38,834 We did nothing wrong, sir. We did our job... 832 00:51:38,903 --> 00:51:42,066 and if that has consequences, then I'll accept them. 833 00:51:42,140 --> 00:51:44,540 But I won't say that I'm guilty, sir. 834 00:51:45,877 --> 00:51:49,438 Did you- Did she put you up to this? 835 00:51:49,514 --> 00:51:53,006 - We have a code, sir. - Oh, well, zip-a-dee-doo-dah! 836 00:51:53,084 --> 00:51:56,417 You and your code plead not guilty. You'll be in jail the rest of your life. 837 00:51:56,488 --> 00:51:59,548 Do what I'm telling you, you'll be home in six months. 838 00:52:01,393 --> 00:52:03,361 Do it, Harold. Six months. 839 00:52:03,428 --> 00:52:05,953 It's nothing. It's a hockey season. 840 00:52:08,433 --> 00:52:10,128 - Permission to- - Speak! 841 00:52:10,201 --> 00:52:12,294 Jesus! 842 00:52:14,673 --> 00:52:17,699 - What do we do then, sir? - When? 843 00:52:17,776 --> 00:52:20,802 After six months, we'll be dishonorably discharged, right, sir? 844 00:52:20,879 --> 00:52:22,210 Probably. 845 00:52:23,448 --> 00:52:25,439 Well, what do we do then, sir? 846 00:52:28,153 --> 00:52:32,055 We joined the Marines because we wanted to live our lives by a certain code. 847 00:52:32,123 --> 00:52:33,886 And we found it in the Corps. 848 00:52:33,958 --> 00:52:37,189 Now you’re asking us to sign a piece of paper that says we have no honor. 849 00:52:37,262 --> 00:52:39,457 You're asking us to say we’re not Marines. 850 00:52:39,531 --> 00:52:41,829 If a court decides that what we did was wrong... 851 00:52:41,900 --> 00:52:43,925 then I'll accept whatever punishment they give. 852 00:52:44,002 --> 00:52:47,460 But I believe I was right, sir. I believe I did my job... 853 00:52:47,539 --> 00:52:50,872 and I will not dishonor myself, my unit or the Corps... 854 00:52:50,942 --> 00:52:55,003 so that I can go home in six months... 855 00:52:55,080 --> 00:52:56,513 sir. 856 00:53:03,722 --> 00:53:08,523 Commander, I'd like to talk to Lance Corporal Dawson alone for a minute. 857 00:53:10,095 --> 00:53:11,960 Sergeant. 858 00:53:12,030 --> 00:53:14,555 We're gonna go to another room. 859 00:53:14,632 --> 00:53:16,964 - We'd like another holding room. - All right, ma'am. 860 00:53:17,035 --> 00:53:19,469 - It's gonna be okay. - Sit down. 861 00:53:30,915 --> 00:53:32,940 You don't like me very much, do you? 862 00:53:34,252 --> 00:53:37,449 Forget it. Don't answer that. It doesn't matter. 863 00:53:43,661 --> 00:53:45,094 You know... 864 00:53:46,464 --> 00:53:48,398 Downey worships you. 865 00:53:51,136 --> 00:53:53,627 He's gonna do whatever you do. 866 00:53:54,606 --> 00:53:59,407 Are you really gonna let this happen to him because of a code, Harold? 867 00:53:59,477 --> 00:54:01,911 - Do you think we were right? - It doesn't matter- 868 00:54:01,980 --> 00:54:06,041 - Do you think we were right? - I think you’d lose. 869 00:54:08,019 --> 00:54:09,953 You're such a coward. 870 00:54:10,021 --> 00:54:12,581 I can't believe they let you wear a uniform. 871 00:54:14,959 --> 00:54:17,587 I'm not gonna feel responsible for this. I did everything I could. 872 00:54:17,662 --> 00:54:20,187 You're going to Leavenworth for the better part of your life. 873 00:54:20,265 --> 00:54:22,199 And you know what? I don't give a shit. 874 00:54:24,269 --> 00:54:27,238 What happened to saluting an officer when he leaves the room? 875 00:54:36,314 --> 00:54:37,406 Open it up. 876 00:54:41,151 --> 00:54:42,948 I don't believe it. 877 00:54:43,019 --> 00:54:45,419 Dawson's gonna go to jail just to spite me. 878 00:54:45,488 --> 00:54:48,048 Fine. If he wants to jump off a cliff, that's his business. 879 00:54:48,124 --> 00:54:51,890 I'm not gonna hold his hand on the way. I wanna get him a new lawyer. How? 880 00:54:51,961 --> 00:54:54,395 Just make a motion tomorrow morning at the arraignment. 881 00:54:54,464 --> 00:54:56,455 The judge will ask you if you want to enter a plea... 882 00:54:56,533 --> 00:54:58,933 and you tell him that you want to have new counsel assigned. 883 00:55:00,470 --> 00:55:01,903 That's that. 884 00:55:01,971 --> 00:55:05,270 One thing, though. When you ask the judge for new counsel... 885 00:55:05,342 --> 00:55:07,276 Danny, be sure and ask nicely. 886 00:55:08,178 --> 00:55:10,976 - What do you want from me? - I want you to let them be judged. 887 00:55:11,047 --> 00:55:13,948 I want you to stand up and make an argument. 888 00:55:14,017 --> 00:55:16,679 An argument that didn't work for Calley at My Lai. 889 00:55:16,753 --> 00:55:18,880 An argument that didn't work for the Nazis at Nuremburg. 890 00:55:18,955 --> 00:55:20,889 Oh, for Christ's sake, Sam. 891 00:55:20,957 --> 00:55:23,391 Do you really think that's the same as two teenage Marines... 892 00:55:23,460 --> 00:55:26,258 executing a routine order they never believed would result in harm? 893 00:55:26,329 --> 00:55:28,024 These guys aren't the Nazis. 894 00:55:28,098 --> 00:55:31,158 Don't look now, Danny, but you’re making an argument. 895 00:55:32,769 --> 00:55:36,296 Yeah, yeah. Tomorrow morning I get them a new attorney. 896 00:55:36,373 --> 00:55:38,341 Why are you so afraid to be a lawyer? 897 00:55:38,408 --> 00:55:40,876 Were Daddy's expectations really that high? 898 00:55:40,944 --> 00:55:44,539 Oh, please. Spare me the psycho-babble father bullshit! 899 00:55:44,614 --> 00:55:48,015 Dawson and Downey will have their day in court, but with another lawyer. 900 00:55:48,084 --> 00:55:51,053 Another lawyer won’t be good enough. They need you. 901 00:55:51,121 --> 00:55:54,682 You know how to win. You know they have a case, and you know how to win. 902 00:55:54,758 --> 00:55:57,192 If you walk away from this now, you've sealed their fate. 903 00:55:57,260 --> 00:56:00,627 Their fate was sealed the moment Santiago died. 904 00:56:00,697 --> 00:56:03,325 - Do you believe they have a case? - You and Dawson. 905 00:56:03,400 --> 00:56:05,459 You both live in the same dream world. 906 00:56:05,535 --> 00:56:07,469 It doesn't matter what I believe. 907 00:56:07,537 --> 00:56:09,664 It only matters what I can prove. 908 00:56:09,739 --> 00:56:12,674 So, please, don't tell me what I know and don't know! 909 00:56:12,742 --> 00:56:14,505 I know the law! 910 00:56:19,482 --> 00:56:21,416 You know nothing about the law. 911 00:56:21,484 --> 00:56:23,679 You're a used car salesman, Daniel. 912 00:56:23,753 --> 00:56:26,244 You're an ambulance chaser with a rank. 913 00:56:26,322 --> 00:56:29,416 You're nothing. Live with that. 914 00:56:35,965 --> 00:56:37,899 So I told Duncan... 915 00:56:37,967 --> 00:56:42,131 "If you wanna take this to court I'm gonna file nine discovery motions... 916 00:56:42,205 --> 00:56:45,504 and you're gonna spend a year going blind on paperwork... 917 00:56:45,575 --> 00:56:49,067 because a 90-year-old man misread the Delaware insurance code. " 918 00:56:49,145 --> 00:56:51,340 - So what happened? - He calls back 15 minutes later. 919 00:56:51,414 --> 00:56:53,348 He says, " Let's make a deal. " 920 00:57:40,530 --> 00:57:41,963 All rise. 921 00:57:49,472 --> 00:57:50,564 Where are we? 922 00:57:52,242 --> 00:57:55,803 Docket number 411275VR-5. 923 00:57:55,879 --> 00:57:58,905 The United States v. Lance Corporal Harold W. Dawson... 924 00:57:58,982 --> 00:58:01,007 and Private First Class Louden Downey. 925 00:58:01,084 --> 00:58:04,212 The accused are charged with murder, conspiracy to commit murder... 926 00:58:04,287 --> 00:58:06,847 and conduct unbecoming a United States Marine. 927 00:58:06,923 --> 00:58:09,118 Does the defense wish to enter a plea? 928 00:58:10,894 --> 00:58:12,327 Yeah. 929 00:58:16,032 --> 00:58:17,431 They're not guilty. 930 00:58:20,603 --> 00:58:23,197 Enter a plea of not guilty for the accused. 931 00:58:23,273 --> 00:58:26,538 We'll adjourn until 1000, three weeks from today... 932 00:58:26,609 --> 00:58:29,544 at which time this general court-martial will reconvene. 933 00:58:46,129 --> 00:58:49,587 Why does a lieutenant junior grade with ninth months' experience... 934 00:58:49,666 --> 00:58:53,033 and a track record for plea bargaining get assigned a murder case? 935 00:58:55,872 --> 00:58:58,864 Would it be so that it never sees the inside of a courtroom? 936 00:59:01,477 --> 00:59:03,411 We'll work out of my apartment every night, 7:00. 937 00:59:03,479 --> 00:59:08,109 Jo, pick up a carton of legal pads, half a dozen boxes of red and black pens. 938 00:59:08,184 --> 00:59:11,415 Sam, get a couple of desk lamps. I need a preliminary medical profile. 939 00:59:11,487 --> 00:59:15,924 Jo, we need all proficiency and conduct reports on Dawson, Downey and Santiago. 940 00:59:15,992 --> 00:59:18,187 The only thing I have to eat is Yoo-hoo and Cocoa Puffs... 941 00:59:18,261 --> 00:59:20,195 so if you want anything else, bring it with you. 942 00:59:20,263 --> 00:59:22,424 - Okay? - Yeah. 943 00:59:28,504 --> 00:59:30,904 So this is what a courtroom looks like. 944 00:59:41,384 --> 00:59:43,909 Were you able to speak to your friend at the N.I.S.? 945 00:59:44,988 --> 00:59:48,253 Yeah. She said if Markinson doesn't want to be found... 946 00:59:48,324 --> 00:59:50,224 we're not gonna find him. 947 00:59:50,293 --> 00:59:53,228 She said I could be Markinson, and you wouldn't know it. 948 00:59:54,797 --> 00:59:56,356 Are you Markinson? 949 00:59:57,257 --> 00:59:58,357 No. 950 00:59:59,135 --> 01:00:01,035 I'm not Markinson. 951 01:00:02,138 --> 01:00:04,299 That's two down. 952 01:00:06,109 --> 01:00:07,303 What? 953 01:00:09,479 --> 01:00:12,778 I'm just wondering, now that Joanne’s on this- 954 01:00:12,849 --> 01:00:15,374 I'm just wondering if you still need me. 955 01:00:15,451 --> 01:00:18,249 - They were following orders. - An illegal order. 956 01:00:18,321 --> 01:00:20,551 Do you think they knew it was an illegal order? 957 01:00:20,623 --> 01:00:23,956 It doesn't matter what they knew. Any decent human being would have refused- 958 01:00:24,027 --> 01:00:26,291 They're not permitted to question orders. 959 01:00:26,362 --> 01:00:29,388 Then what's the secret? Huh? What are the magic words? 960 01:00:29,465 --> 01:00:31,057 I give orders every day- 961 01:00:31,134 --> 01:00:33,068 We have softball games and marching bands. 962 01:00:33,136 --> 01:00:37,334 They work at a place where you have to wear camouflage or you might get shot! 963 01:00:45,081 --> 01:00:47,140 I need you. 964 01:00:47,216 --> 01:00:52,153 You're better at research than I am, and you know how to prepare a witness. 965 01:00:57,560 --> 01:01:00,688 I've got medical reports and Chinese food. I say we eat first. 966 01:01:08,204 --> 01:01:09,262 What? 967 01:01:11,474 --> 01:01:13,408 You got any kung pao chicken? 968 01:01:16,779 --> 01:01:20,306 This is our defense- intent. No one can prove there was poison on the rag. 969 01:01:20,383 --> 01:01:23,250 Code Red- they're common and accepted in Guantanamo Bay. 970 01:01:23,319 --> 01:01:27,688 The order- A: Kendrick gave it, B: They had to follow it. 971 01:01:27,757 --> 01:01:29,884 - That's it. - What about motive? 972 01:01:29,959 --> 01:01:31,984 We're a little weak on motive. They had one. 973 01:01:32,061 --> 01:01:34,222 - Just because a person has a motive doesn't mean they're guilty. - Relax. 974 01:01:34,297 --> 01:01:36,663 We'll deal with the fence line shooting when it comes up. 975 01:01:36,733 --> 01:01:39,896 Let's start with intent. I don't want to know what made Santiago die. 976 01:01:39,969 --> 01:01:42,904 I just want to show it could've been something other than poison. 977 01:01:42,972 --> 01:01:46,533 Jo, talk to doctors. Find out everything there is to know about lactic acidosis. 978 01:01:46,609 --> 01:01:49,908 This is Lieutenant Commander Galloway with the JAG Corps in Washington. 979 01:01:49,979 --> 01:01:53,210 I've been trying to track down a Lieutenant Colonel Matthew Markinson. 980 01:01:53,282 --> 01:01:56,115 Doctor, was there any sign of external damage? 981 01:01:56,185 --> 01:02:00,679 No scrapes? No cuts? Bruises? Broken bones? 982 01:02:00,757 --> 01:02:05,126 - Was there any sign of violence? - You mean, other than the dead body? 983 01:02:05,194 --> 01:02:07,958 Shit, I walk into that every goddamn time. 984 01:02:08,030 --> 01:02:12,660 He ordered me and Lance Corporal Dawson to give Willie a Code Red. 985 01:02:12,735 --> 01:02:14,965 Answers still have to come much faster. 986 01:02:15,037 --> 01:02:17,130 This Iowa farm boy thing will play for a while... 987 01:02:17,206 --> 01:02:19,606 but in the end, it sounds like he's searching for the truth. 988 01:02:19,675 --> 01:02:21,939 He's right. From now on, Willie is Private Santiago. 989 01:02:22,011 --> 01:02:24,343 You start calling him Willie, and all of a sudden he's a person... 990 01:02:24,413 --> 01:02:26,643 who's got a mother who's gonna miss him, okay? 991 01:02:26,716 --> 01:02:28,650 They drew the court members this afternoon. 992 01:02:28,718 --> 01:02:31,016 Seven men, two women, five Navy, four Marines. 993 01:02:31,087 --> 01:02:33,612 All officers with line experience. Neither of the women have children. 994 01:02:33,689 --> 01:02:35,987 That's a bad break. There’s nothing we can do. 995 01:02:36,058 --> 01:02:38,822 My father always said a jury trial is not just about the law. 996 01:02:38,895 --> 01:02:42,058 It's about assigning blame. Santiago's dead, and he shouldn't be. 997 01:02:42,131 --> 01:02:44,998 These nine people are gonna insist that someone be blamed for that. 998 01:02:45,067 --> 01:02:47,535 Ross is handing them our clients. We're gonna hand them Kendrick. 999 01:02:47,603 --> 01:02:51,130 This is about a sales pitch. It's not going to be won by the law. It's gonna be won by the lawyers. 1000 01:02:51,207 --> 01:02:54,506 So remember, poker faces. Don’t flinch in front of the court members. 1001 01:02:54,577 --> 01:02:58,343 Something doesn't go our way, don't hang your head or shift in your seat. 1002 01:02:58,414 --> 01:03:02,145 Whatever happens, you have to look like it's exactly what you knew would happen. 1003 01:03:02,218 --> 01:03:06,814 - If you pass me documents- - Do it swiftly and don't look eager. 1004 01:03:06,889 --> 01:03:10,154 Don't wear that perfume in court. Wrecks my concentration. 1005 01:03:10,226 --> 01:03:11,659 Really? 1006 01:03:11,727 --> 01:03:14,059 I was talking to Sam. 1007 01:03:15,431 --> 01:03:16,830 What time is it? 1008 01:03:16,899 --> 01:03:18,890 It's time to go home. Try to get some sleep tonight. 1009 01:03:18,968 --> 01:03:20,993 - Yeah. - Give me a ride? 1010 01:03:21,070 --> 01:03:22,503 Sure. 1011 01:03:25,474 --> 01:03:27,635 You're a good man, Charlie Brown. 1012 01:03:27,710 --> 01:03:30,201 I'll see you in court, counselor. 1013 01:03:36,953 --> 01:03:39,148 - Danny, I- - You don't have to say it. 1014 01:03:39,222 --> 01:03:41,622 We've had our differences. I said some things I didn't mean. 1015 01:03:41,691 --> 01:03:45,058 You said some things you didn't mean, but you’re happy I stuck with the case. 1016 01:03:45,127 --> 01:03:49,530 And if you’ve gained a certain respect for me over the last three weeks... 1017 01:03:49,599 --> 01:03:51,658 of course, I'm happy about that. 1018 01:03:51,734 --> 01:03:53,827 But we don't have to make a whole big deal out of it. 1019 01:03:53,903 --> 01:03:56,167 If you like me, I won't make you say it. 1020 01:03:56,239 --> 01:03:59,675 I was just gonna tell you to wear matching socks tomorrow. 1021 01:04:01,544 --> 01:04:04,877 Okay. Good tip. 1022 01:04:05,715 --> 01:04:06,977 We're ready. 1023 01:04:07,049 --> 01:04:09,483 Better believe it. 1024 01:04:19,395 --> 01:04:21,329 We're gonna get creamed. 1025 01:04:50,793 --> 01:04:52,920 - Lieutenant Kaffee? - Yes? 1026 01:04:52,995 --> 01:04:55,361 You are gonna save our son, aren’t you? 1027 01:04:56,432 --> 01:04:57,763 I'll do my best. 1028 01:04:58,534 --> 01:05:03,198 Danny, I'd like you to meet Ginny Miller, Louden's aunt. 1029 01:05:04,206 --> 01:05:07,175 - You're Aunt Ginny? - Uh-huh. 1030 01:05:08,377 --> 01:05:11,540 I'm sorry. I was expecting someone older. 1031 01:05:11,614 --> 01:05:13,343 So was I. 1032 01:05:17,420 --> 01:05:19,445 Last chance. I'll flip you for it. 1033 01:05:19,522 --> 01:05:21,956 - All rise. - Too late. 1034 01:05:30,466 --> 01:05:33,629 All those having business with this general court-martial... 1035 01:05:33,703 --> 01:05:36,263 stand forward and you shall be heard. 1036 01:05:36,339 --> 01:05:39,797 Colonel Julius Alexander Randolph is presiding. 1037 01:05:39,875 --> 01:05:42,435 Is the government prepared to make an opening statement? 1038 01:05:42,511 --> 01:05:43,944 Yes, sir. 1039 01:05:47,249 --> 01:05:49,308 The facts of the case are these: 1040 01:05:49,385 --> 01:05:52,183 On midnight of September 6, the accused entered the barracks room... 1041 01:05:52,254 --> 01:05:55,223 of their platoon mate, P.F.C. William Santiago. 1042 01:05:55,291 --> 01:05:58,385 They woke him up, tied his arms and legs with tape... 1043 01:05:58,461 --> 01:06:00,725 and forced a rag into his throat. 1044 01:06:00,796 --> 01:06:04,391 A few minutes later, a chemical reaction called lactic acidosis... 1045 01:06:04,467 --> 01:06:06,594 caused his lungs to begin bleeding. 1046 01:06:06,669 --> 01:06:08,603 He drowned in his own blood... 1047 01:06:08,671 --> 01:06:12,300 and was pronounced dead at 37 minutes past midnight. 1048 01:06:12,375 --> 01:06:17,403 These are the facts of the case, and they are undisputed. 1049 01:06:17,480 --> 01:06:21,109 That's right. The story I’ve just told you... 1050 01:06:21,183 --> 01:06:24,744 is the exact same story you’re gonna hear from Lance Corporal Dawson... 1051 01:06:24,820 --> 01:06:27,550 and it's the exact same story you're gonna hear from Private Downey. 1052 01:06:27,623 --> 01:06:30,319 Furthermore, the government will also demonstrate... 1053 01:06:30,393 --> 01:06:32,827 that the accused soaked the rag in poison... 1054 01:06:32,895 --> 01:06:36,991 and entered Santiago's room with motive and intent to kill. 1055 01:06:38,401 --> 01:06:40,426 Now, Lieutenant Kaffee... 1056 01:06:40,503 --> 01:06:43,597 is gonna try and pull off a little magic act here. 1057 01:06:43,672 --> 01:06:46,163 He's gonna try a little misdirection. 1058 01:06:46,242 --> 01:06:49,973 He's gonna astonish you with stories of rituals... 1059 01:06:50,046 --> 01:06:52,947 and dazzle you with official-sounding terms... 1060 01:06:53,015 --> 01:06:54,949 like "Code Red. " 1061 01:06:56,118 --> 01:06:59,349 He might even try to cut into a few officers for you. 1062 01:06:59,422 --> 01:07:04,291 He'll have no evidence, mind you, none, but it's gonna be entertaining. 1063 01:07:04,360 --> 01:07:07,852 And when we get to the end, all the magic in the world... 1064 01:07:07,930 --> 01:07:10,626 will not have been able to divert your attention from the fact... 1065 01:07:10,699 --> 01:07:16,194 that Willie Santiago is dead and Dawson and Downey killed him. 1066 01:07:17,740 --> 01:07:21,232 These are the facts of the case, and they are undisputed. 1067 01:07:23,045 --> 01:07:24,637 Lieutenant Kaffee. 1068 01:07:24,713 --> 01:07:27,614 There was no poison on the rag, and there was no intent to kill. 1069 01:07:27,683 --> 01:07:32,416 Any attempt to prove otherwise is futile 'cause it just ain't true. 1070 01:07:32,488 --> 01:07:35,719 When Dawson and Downey went into Santiago's room that night... 1071 01:07:35,791 --> 01:07:38,385 it wasn't because of vengeance or hatred. 1072 01:07:38,461 --> 01:07:42,158 It wasn't to kill or harm, and it wasn't because they were looking for kicks. 1073 01:07:42,231 --> 01:07:44,961 It's because it was what they were ordered to do. 1074 01:07:46,368 --> 01:07:47,801 Let me say that again. 1075 01:07:47,870 --> 01:07:50,930 It's because it was what they were ordered to do. 1076 01:07:51,907 --> 01:07:53,602 Out in the real world that means nothing... 1077 01:07:53,676 --> 01:07:57,840 and here at the Washington Navy Yard it doesn't mean a whole lot more. 1078 01:07:57,913 --> 01:08:01,872 But if you’re a Marine assigned to Rifle Security Company Windward... 1079 01:08:01,951 --> 01:08:04,886 Guantanamo Bay, Cuba, and you're given an order... 1080 01:08:04,954 --> 01:08:07,548 you follow it or you pack your bags. 1081 01:08:07,623 --> 01:08:09,614 Make no mistake about it. 1082 01:08:09,692 --> 01:08:12,957 Harold Dawson and Louden Downey are sitting before you today... 1083 01:08:13,028 --> 01:08:16,395 because they did their job. 1084 01:08:19,902 --> 01:08:22,200 Is the government ready to call its first witness? 1085 01:08:23,339 --> 01:08:26,934 If it please the court, the government calls Mr. R.C. McGuire. 1086 01:08:31,380 --> 01:08:33,575 Mr. McGuire, would you raise your right hand, please? 1087 01:08:33,649 --> 01:08:36,413 Do you solemnly swear that the testimony you give this general court-martial... 1088 01:08:36,485 --> 01:08:39,420 will be the truth, the whole truth and nothing but the truth? 1089 01:08:39,488 --> 01:08:42,821 - I do. - Have a seat, please, sir. 1090 01:08:42,892 --> 01:08:46,259 Would you state your full name and occupation, for the record? 1091 01:08:46,328 --> 01:08:50,765 Robert C. McGuire, Special Agent, Naval Investigative Service. 1092 01:08:50,833 --> 01:08:55,133 Mr. McGuire, did your office receive a letter from P.F.C. William Santiago... 1093 01:08:55,204 --> 01:08:57,331 on 3 September of this year? 1094 01:08:57,406 --> 01:08:59,704 - We did. - What did that letter say? 1095 01:08:59,775 --> 01:09:04,439 That a member of Santiago’s unit had illegally fired his weapon over the fence line. 1096 01:09:04,513 --> 01:09:06,640 Was that Marine identified in the letter? 1097 01:09:06,715 --> 01:09:10,242 No. I notified the barracks C.O. Colonel Jessup... 1098 01:09:10,319 --> 01:09:12,344 that I would be coming down to investigate. 1099 01:09:12,421 --> 01:09:14,150 And what did you find? 1100 01:09:14,223 --> 01:09:17,283 The shift reported only one sentry returned his weapon to the switch... 1101 01:09:17,359 --> 01:09:19,350 with a round of ammunition missing. 1102 01:09:19,428 --> 01:09:22,659 - Who was that? - Lance Corporal Harold Dawson. 1103 01:09:22,731 --> 01:09:24,323 Your witness. 1104 01:09:27,002 --> 01:09:30,233 Mr. McGuire, have you questioned Dawson about the fence line shooting? 1105 01:09:30,306 --> 01:09:34,265 Yes. He claims to have been engaged in some manner by the enemy. 1106 01:09:34,343 --> 01:09:36,538 - You don' believe him? - It's not my place- 1107 01:09:36,612 --> 01:09:38,842 Lance Corporal Dawson's been charged with a number of crimes. 1108 01:09:38,914 --> 01:09:41,576 Why wasn’t he charged with firing at the enemy without cause? 1109 01:09:43,352 --> 01:09:46,253 There wasn't enough evidence to support such a charge. 1110 01:09:46,322 --> 01:09:48,256 Thank you. 1111 01:09:49,325 --> 01:09:51,452 Mr. McGuire, I don't understand what you mean when you say... 1112 01:09:51,527 --> 01:09:54,121 "There wasn't enough evidence to support such a charge. " 1113 01:09:54,196 --> 01:09:56,494 You had William Santiago's letter. 1114 01:09:57,766 --> 01:09:59,700 Santiago was the only eyewitness. 1115 01:09:59,768 --> 01:10:03,204 I never had the chance to interview him, so I don't know what he saw. 1116 01:10:03,272 --> 01:10:06,332 And now we'll never know, will we, Mr. McGuire? 1117 01:10:10,045 --> 01:10:12,980 - No more questions. - The witness is excused. 1118 01:10:17,019 --> 01:10:19,715 Corporal Carl Edward Hammaker, Marine Barracks... 1119 01:10:19,788 --> 01:10:23,053 Rifle Security Company Windward, Second Platoon Bravo. 1120 01:10:23,125 --> 01:10:26,561 Corporal, were you present at a meeting that Lieutenant Kendrick held... 1121 01:10:26,629 --> 01:10:29,996 on the afternoon of September 6 with the members of the Second Platoon? 1122 01:10:30,065 --> 01:10:31,362 Yes, sir. 1123 01:10:31,433 --> 01:10:34,027 Would you tell the court the substance of that meeting? 1124 01:10:34,103 --> 01:10:37,266 Lieutenant Kendrick told us we had an informer in our group- 1125 01:10:37,339 --> 01:10:40,035 that Private Santiago had gone outside the chain of command... 1126 01:10:40,109 --> 01:10:43,044 and reported to the N.I.S. on a member of our platoon. 1127 01:10:43,112 --> 01:10:47,014 Did that make you mad? You can tell the truth, Corporal. 1128 01:10:47,082 --> 01:10:48,913 - Did it make you mad? - Yes, sir. 1129 01:10:48,984 --> 01:10:50,212 How mad? 1130 01:10:50,286 --> 01:10:54,120 Private Santiago betrayed a code we believe in very deeply, sir. 1131 01:10:54,189 --> 01:10:57,181 - Were the other squad members angry? - Object. Speculation. 1132 01:10:57,259 --> 01:10:59,454 - Were Dawson and Downey? - Is the government counsel... 1133 01:10:59,528 --> 01:11:04,090 honestly asking the witness to testify as to how my clients felt? 1134 01:11:04,166 --> 01:11:06,100 Sustained. 1135 01:11:07,936 --> 01:11:11,895 Corporal, did Lieutenant Kendrick leave a standing order at that meeting? 1136 01:11:11,974 --> 01:11:14,067 - Yes, sir. - What was it? 1137 01:11:15,844 --> 01:11:19,871 Well, it was clear that he didn't want us taking matters into our own hands. 1138 01:11:19,948 --> 01:11:21,939 What was the order? 1139 01:11:23,819 --> 01:11:26,788 Sir, he said Santiago wasn't to be touched. 1140 01:11:28,357 --> 01:11:29,949 Your witness. 1141 01:11:31,026 --> 01:11:33,017 Corporal Hammaker, were you in Dawson and Downey's barracks... 1142 01:11:33,095 --> 01:11:34,926 five minutes after this meeting? 1143 01:11:34,997 --> 01:11:36,555 No, sir. 1144 01:11:36,632 --> 01:11:39,294 Thanks. I have no more questions. 1145 01:11:39,368 --> 01:11:41,427 The witness is excused. 1146 01:11:45,274 --> 01:11:47,572 The government calls Corporal Raymond Thomas. 1147 01:11:47,643 --> 01:11:50,874 I understand Captain Ross is planning on calling all the other members... 1148 01:11:50,946 --> 01:11:53,574 of Rifle Security Company Windward to testify. 1149 01:11:53,649 --> 01:11:55,844 In light of the defense Lieutenant Kaffee is planning to mount... 1150 01:11:55,918 --> 01:11:59,854 the explicit instructions of a platoon leader seems particularly relevant. 1151 01:11:59,922 --> 01:12:02,447 The defense is willing to concede that all 22 witnesses... 1152 01:12:02,524 --> 01:12:04,822 will testify substantially as Corporal Hammaker did... 1153 01:12:04,893 --> 01:12:07,259 if the government is willing to concede that none of them... 1154 01:12:07,329 --> 01:12:10,958 were in Dawson and Downey's room at 16:20 on September 6. 1155 01:12:11,033 --> 01:12:12,967 Captain? 1156 01:12:13,035 --> 01:12:15,503 The government will stipulate. 1157 01:12:15,571 --> 01:12:19,530 Then we'll adjourn for the day. You can call your next witness tomorrow. 1158 01:12:19,608 --> 01:12:21,542 All rise. 1159 01:12:33,021 --> 01:12:34,955 I want to go over the doctor again. 1160 01:12:35,023 --> 01:12:37,890 - We're taking the right approach. - We've been over this already. 1161 01:12:37,960 --> 01:12:41,555 Listen to me. 3:00- Stone says he doesn't know what killed Santiago. 1162 01:12:41,630 --> 01:12:45,327 Then he meets with Jessup, and at 5:00 he says it was poison? 1163 01:12:45,401 --> 01:12:48,131 - The doctor's not telling the truth. - Oh, that's a relief!. 1164 01:12:48,203 --> 01:12:51,297 I was afraid I wouldn't be able to use the "liar, liar, pants on fire" defense. 1165 01:12:51,373 --> 01:12:56,208 We can't prove coercion. Let's go over what we have, okay? 1166 01:13:06,555 --> 01:13:10,218 Private Santiago was admitted to the E.R. at 0012... 1167 01:13:10,292 --> 01:13:13,819 and he was pronounced dead at 0037. 1168 01:13:13,896 --> 01:13:17,093 Dr. Stone, what is lactic acidosis? 1169 01:13:17,166 --> 01:13:20,294 If the muscles and other cells of the body burn sugar... 1170 01:13:20,369 --> 01:13:23,236 instead of oxygen, lactic acid is produced. 1171 01:13:23,305 --> 01:13:26,741 That lactic acid is what caused Santiago's lungs to bleed. 1172 01:13:26,809 --> 01:13:29,744 Normally, how long does it take for the muscles and other cells... 1173 01:13:29,812 --> 01:13:32,246 to begin burning sugar instead of oxygen? 1174 01:13:32,314 --> 01:13:34,874 Twenty to thirty minutes. 1175 01:13:34,950 --> 01:13:38,681 And what caused this process to be sped up in Santiago's muscles? 1176 01:13:38,754 --> 01:13:40,915 An ingested poison of some kind. 1177 01:13:40,989 --> 01:13:44,049 Your Honor, we object at this point. The witness is speculating. 1178 01:13:44,126 --> 01:13:46,185 Commander Stone is an expert medical witness. 1179 01:13:46,261 --> 01:13:48,729 In this courtroom, his opinion is not considered speculation. 1180 01:13:48,797 --> 01:13:51,789 Commander Stone is an internist, not a criminologist. 1181 01:13:51,867 --> 01:13:54,427 The medical facts here are ultimately inconclusive. 1182 01:13:54,503 --> 01:13:58,200 A point I'm confident you’ll illustrate to the court under cross-examination. 1183 01:13:58,273 --> 01:14:01,436 So I'm sure you won't mind if his opinion is admitted now. 1184 01:14:01,510 --> 01:14:03,273 Not at all, sir. 1185 01:14:05,781 --> 01:14:09,945 Dr. Stone, did Willie Santiago die of poisoning? 1186 01:14:10,018 --> 01:14:11,713 Absolutely. 1187 01:14:11,787 --> 01:14:15,883 You're aware that the lab and coroner's report show no traces of poison? 1188 01:14:15,958 --> 01:14:18,483 - Yes, I am. - Then how do you justify- 1189 01:14:18,560 --> 01:14:21,529 There are literally dozens of toxins which are virtually undetectable... 1190 01:14:21,597 --> 01:14:24,259 both in the human body and on a fabric. 1191 01:14:24,333 --> 01:14:27,996 The nature of the acidosis is the compelling factor on this issue. 1192 01:14:28,871 --> 01:14:30,771 Thank you, sir. 1193 01:14:32,708 --> 01:14:36,041 Commander, is it possible for a person to have an affliction- 1194 01:14:36,111 --> 01:14:40,480 some sort of condition- which might speed up the process of acidosis? 1195 01:14:43,218 --> 01:14:45,083 Commander, is it possible? 1196 01:14:45,153 --> 01:14:47,018 It's possible. 1197 01:14:47,089 --> 01:14:49,489 What might some of those conditions be? 1198 01:14:50,559 --> 01:14:53,050 If a person had a coronary disorder... 1199 01:14:53,128 --> 01:14:56,188 or a cerebral disorder, the process would be more rapid. 1200 01:14:56,265 --> 01:15:00,292 If I had a coronary condition and a clean rag was placed in my mouth... 1201 01:15:00,369 --> 01:15:04,135 and the rag was pushed too far down, is it possible that my cells... 1202 01:15:04,206 --> 01:15:06,970 would continue burning sugar after the rag was taken out? 1203 01:15:07,042 --> 01:15:09,943 It would have to be a very serious condition. 1204 01:15:10,012 --> 01:15:12,276 Is it possible to have a serious coronary condition... 1205 01:15:12,347 --> 01:15:15,783 where the warning signals were so mild as to escape a physician... 1206 01:15:15,851 --> 01:15:18,376 during a routine medical exam? 1207 01:15:18,453 --> 01:15:21,718 Possibly. There would still be symptoms, though. 1208 01:15:21,790 --> 01:15:24,122 - What kind of symptoms? - There are hundreds- 1209 01:15:24,192 --> 01:15:26,490 - Chest pains? - Yes. 1210 01:15:26,562 --> 01:15:28,496 - Shortness of breath? - Yes. 1211 01:15:28,564 --> 01:15:30,998 - Fatigue? - Of course. 1212 01:15:36,605 --> 01:15:38,539 Doctor, is this your signature? 1213 01:15:40,175 --> 01:15:41,301 Yes, it is. 1214 01:15:42,044 --> 01:15:45,707 This is an order for Private Santiago to be put on restrictive duty. 1215 01:15:45,781 --> 01:15:49,717 Would you read your handwritten remarks at the bottom of the page, please? 1216 01:15:49,785 --> 01:15:53,983 "Initial testing, negative. Patient complains of chest pains... 1217 01:15:54,056 --> 01:15:56,217 shortness of breath and fatigue. 1218 01:15:56,291 --> 01:16:00,022 Restricted from running distances over five miles for one week. " 1219 01:16:02,864 --> 01:16:06,391 Commander, isn't it possible that Santiago had a serious coronary condition... 1220 01:16:06,468 --> 01:16:11,405 and it was that condition, and not some mysterious poison, that caused the accelerated chemical reaction? 1221 01:16:11,406 --> 01:16:12,406 No. 1222 01:16:13,075 --> 01:16:14,702 It's not possible? 1223 01:16:14,703 --> 01:16:15,703 No. 1224 01:16:16,178 --> 01:16:19,739 I personally give each man a thorough physical examination. 1225 01:16:19,815 --> 01:16:22,909 Private Santiago was given a clean bill of health. 1226 01:16:22,985 --> 01:16:25,545 That's why it had to be poison, right, Commander? 1227 01:16:25,621 --> 01:16:29,717 'Cause if you put a man with a serious coronary condition on duty... 1228 01:16:29,791 --> 01:16:32,225 and that man died from a heart-related incident... 1229 01:16:32,294 --> 01:16:34,285 you'd have a lot to answer for, wouldn’t you, Doctor? 1230 01:16:34,363 --> 01:16:37,389 - Object! Move to strike. - Sustained. 1231 01:16:38,667 --> 01:16:40,658 I have no more questions, Your Honor. 1232 01:16:42,004 --> 01:16:45,405 Dr. Stone, you've held a medical license for 17 years. 1233 01:16:45,474 --> 01:16:47,635 You're Board-certified in internal medicine. 1234 01:16:47,709 --> 01:16:53,272 You are chief of internal medicine at a hospital which serves 5,426 people. 1235 01:16:53,348 --> 01:16:58,217 In your professional medical opinion, was Willie Santiago poisoned? 1236 01:16:58,286 --> 01:17:01,016 We renew our objection to Commander Stone's testimony... 1237 01:17:01,089 --> 01:17:03,216 and ask that it be stricken from the record. 1238 01:17:03,291 --> 01:17:07,227 We further ask the court members to lend no weight to this witness's testimony. 1239 01:17:07,295 --> 01:17:08,956 The objection is overruled. 1240 01:17:09,031 --> 01:17:13,127 The defense strenuously objects and requests an 802 conference... 1241 01:17:13,201 --> 01:17:17,331 so that His Honor might have a chance to hear discussion before ruling. 1242 01:17:17,406 --> 01:17:20,898 The objection of the defense has been heard and overruled. 1243 01:17:20,976 --> 01:17:23,672 - Move to reconsider. - Your objection is noted. 1244 01:17:23,745 --> 01:17:27,647 The witness is an expert, and the court will hear his opinion! 1245 01:17:31,953 --> 01:17:36,788 Dr. Stone, in your expert, professional opinion... 1246 01:17:36,858 --> 01:17:39,588 was Willie Santiago poisoned? 1247 01:17:39,661 --> 01:17:41,629 Yes. 1248 01:17:41,697 --> 01:17:45,428 Thank you, sir. I have no more questions. 1249 01:17:45,500 --> 01:17:47,593 Commander, you may step down. 1250 01:17:52,140 --> 01:17:56,372 Please the court, while we reserve the right to call rebuttal witnesses... 1251 01:17:56,445 --> 01:17:58,208 the government rests. 1252 01:17:58,280 --> 01:18:01,875 We'll stand in recess until 1000, Monday the 19th... 1253 01:18:01,950 --> 01:18:05,386 at which time, the defense will call its first witness. 1254 01:18:05,454 --> 01:18:07,388 All rise. 1255 01:18:16,498 --> 01:18:18,625 "I strenuously object"? 1256 01:18:18,700 --> 01:18:22,932 Is that how it works? "Objection overruled. " 1257 01:18:23,004 --> 01:18:25,165 " No, no. I strenuously object. " 1258 01:18:25,240 --> 01:18:28,698 "Oh, well, if you strenuously object, then I should take time to reconsider. " 1259 01:18:28,777 --> 01:18:30,369 I got it on the record. 1260 01:18:30,445 --> 01:18:32,640 You also got the court members thinking we're afraid of the doctor. 1261 01:18:32,714 --> 01:18:35,410 You object once, so they can hear us say he's not a criminologist. 1262 01:18:35,484 --> 01:18:39,113 You keep after it, and suddenly it looks like a bunch of fancy lawyer tricks. 1263 01:18:39,187 --> 01:18:42,281 It's the difference between paper law and trial law. 1264 01:18:42,357 --> 01:18:44,825 You even had the judge saying Stone was an expert! 1265 01:18:44,893 --> 01:18:47,760 She made a mistake. Let's not relive it. 1266 01:18:49,498 --> 01:18:53,059 I'm gonna go call my wife. I'll see you tonight. 1267 01:18:55,203 --> 01:18:57,603 Why do you hate them so much? 1268 01:18:57,672 --> 01:19:00,140 They beat up on a weakling. That's all they did. 1269 01:19:00,208 --> 01:19:03,234 The rest of this is just smoke-filled coffeehouse crap. 1270 01:19:03,311 --> 01:19:06,439 They tortured and tormented a weaker kid! 1271 01:19:06,515 --> 01:19:08,540 They didn't like him, so they killed him. 1272 01:19:08,617 --> 01:19:11,518 And why? Because he couldn't run very fast! 1273 01:19:11,586 --> 01:19:15,249 All right. Everybody take the night off. 1274 01:19:15,323 --> 01:19:17,257 - I'm sorry. - I know. 1275 01:19:17,325 --> 01:19:20,089 We've been working 20 hours a day for three and half weeks straight. 1276 01:19:20,162 --> 01:19:23,529 Just take the night off. Go see your wife, your daughter. 1277 01:19:23,598 --> 01:19:25,759 Jo, go do... 1278 01:19:27,102 --> 01:19:30,629 whatever it is you do when you're not here. 1279 01:19:30,705 --> 01:19:33,401 - What day is tomorrow? - Saturday. 1280 01:19:33,475 --> 01:19:35,409 We start at 10:00. 1281 01:19:39,414 --> 01:19:41,746 Why do you like them so much? 1282 01:19:45,987 --> 01:19:48,182 'Cause they stand on a wall... 1283 01:19:48,256 --> 01:19:52,488 and they say, " Nothing's gonna hurt you tonight, not on my watch. " 1284 01:19:57,098 --> 01:20:00,431 Don't worry about the doctor. This trial starts Monday. 1285 01:20:05,440 --> 01:20:09,638 One and two, with two out. And a line drive to left center. 1286 01:20:09,711 --> 01:20:12,942 Kirby racing. He won’t get there. 1287 01:20:13,014 --> 01:20:16,142 And rounding third is Cal Ripken... 1288 01:20:16,218 --> 01:20:19,381 and the Twins' streak is over. 1289 01:20:22,591 --> 01:20:26,357 One strike away, and Randy Milligan feels right now like Hulk Hogan. 1290 01:20:29,497 --> 01:20:32,625 I'm sorry to bother you. I should've called first. 1291 01:20:32,701 --> 01:20:37,070 No, I was just watching a ball game. Come on in. 1292 01:20:51,987 --> 01:20:57,448 I was wondering if- How you’d feel about my taking you to dinner tonight? 1293 01:20:57,525 --> 01:21:00,517 - Are you asking me out on a date? - No. 1294 01:21:00,595 --> 01:21:02,620 Sounded like you were asking me on a date. 1295 01:21:02,697 --> 01:21:05,723 I've been asked out on dates before, and that's what it sounded like. 1296 01:21:07,002 --> 01:21:09,163 Do you like seafood? I know a good seafood place. 1297 01:21:18,013 --> 01:21:20,072 My third case was a drunk and disorderly. 1298 01:21:20,148 --> 01:21:24,016 It lasted nine weeks. I rounded up 31 people from the bar that night. 1299 01:21:24,085 --> 01:21:27,521 Nine weeks on a D and D? What was the prosecutor offering? 1300 01:21:27,589 --> 01:21:29,523 Fifteen days. 1301 01:21:32,327 --> 01:21:33,988 You sure hustled the shit out of him. 1302 01:21:34,062 --> 01:21:36,428 Well, after that they moved me to Internal Affairs. 1303 01:21:36,498 --> 01:21:38,489 - Tough to blame them. - Where I have earned... 1304 01:21:38,566 --> 01:21:42,263 two meritorious service medals and two letters of commendation. 1305 01:21:42,337 --> 01:21:45,363 Why are you always giving me your resume? 1306 01:21:49,244 --> 01:21:51,178 Because I want you to think I'm a good lawyer. 1307 01:21:51,246 --> 01:21:53,271 I do. 1308 01:21:53,348 --> 01:21:55,543 No, you don't. 1309 01:21:58,987 --> 01:22:01,251 I think you’re an exceptional lawyer. 1310 01:22:02,057 --> 01:22:06,687 I watch the court members. They respond to you. They like you. 1311 01:22:06,761 --> 01:22:09,389 I see you convincing them, and I think Dawson and Downey... 1312 01:22:09,464 --> 01:22:12,126 are gonna end up owing their lives to you. 1313 01:22:15,770 --> 01:22:17,704 Jo, I think- 1314 01:22:19,407 --> 01:22:23,070 I think you should prepare yourself for the fact that we're gonna lose. 1315 01:22:23,144 --> 01:22:26,511 Ross's opening statement- it was all true. 1316 01:22:26,581 --> 01:22:29,345 Let's pretend for a minute that it would actually matter... 1317 01:22:29,417 --> 01:22:31,510 that the guys were given an order. 1318 01:22:31,586 --> 01:22:34,214 I can't prove it ever happened. 1319 01:22:34,289 --> 01:22:36,780 We'll keep doing what we're doing and we'll put on a show... 1320 01:22:36,858 --> 01:22:42,262 but all we have is the testimony of two people accused of murder. 1321 01:22:43,465 --> 01:22:45,330 We'll find Markinson. 1322 01:22:45,400 --> 01:22:49,894 Jo, we're gonna lose, and we're gonna lose huge. 1323 01:22:53,108 --> 01:22:56,407 Corporal Jeffrey Owen Barnes, Marine Barracks Windward... 1324 01:22:56,478 --> 01:22:58,503 Guantanamo Bay, Cuba. 1325 01:22:58,580 --> 01:23:02,914 Corporal Barnes, name some reasons why a Marine would receive a Code Red. 1326 01:23:02,984 --> 01:23:06,385 Being late for platoon or company meetings. 1327 01:23:06,454 --> 01:23:10,356 Keeping his barracks in disorder. Falling back on a run. 1328 01:23:10,425 --> 01:23:12,916 - Have you ever received a Code Red? - Yes, sir. 1329 01:23:12,994 --> 01:23:16,555 We were doing seven-man assault drills, and my weapon slipped. 1330 01:23:16,631 --> 01:23:19,930 It was 'cause it was over 100 degrees, and my palms were sweaty... 1331 01:23:20,001 --> 01:23:23,664 and I'd forgotten to use the resin like we were taught. 1332 01:23:23,738 --> 01:23:25,262 What happened? 1333 01:23:25,340 --> 01:23:28,400 That night, the guys in my squad threw a blanket over me... 1334 01:23:28,476 --> 01:23:31,309 took turns punching me in the arm for five minutes... 1335 01:23:31,379 --> 01:23:33,973 then they poured glue on my hands. 1336 01:23:34,049 --> 01:23:37,746 And it worked too, 'cause I ain't never dropped my weapon since. 1337 01:23:39,220 --> 01:23:42,280 Was Private Santiago ever late for platoon meetings? 1338 01:23:42,357 --> 01:23:43,517 Yes, sir. 1339 01:23:43,591 --> 01:23:45,957 - Was his barracks ever in disorder? - Yes, sir. 1340 01:23:46,027 --> 01:23:48,359 - Did he ever fall back on a run? - All the time, sir. 1341 01:23:48,430 --> 01:23:53,800 Did he ever, prior to the night of September 6, receive a Code Red? 1342 01:23:53,868 --> 01:23:55,358 No, sir. 1343 01:23:55,437 --> 01:23:57,496 - Never? - No, sir. 1344 01:23:59,174 --> 01:24:01,540 You got a Code Red 'cause your palms were sweaty. 1345 01:24:01,609 --> 01:24:05,670 Why didn't Santiago, this burden to his unit, ever get one? 1346 01:24:07,148 --> 01:24:09,173 Dawson wouldn't allow it, sir. 1347 01:24:10,285 --> 01:24:12,344 Dawson wouldn't allow it. 1348 01:24:12,420 --> 01:24:16,015 The guys talked tough about Santiago, but they wouldn’t go near him. 1349 01:24:16,091 --> 01:24:18,025 They were too afraid of Dawson. 1350 01:24:18,093 --> 01:24:20,561 Object. The witness is speculating. 1351 01:24:20,628 --> 01:24:24,291 I'll rephrase. Jeffrey, did you ever want to give Santiago a Code Red? 1352 01:24:24,365 --> 01:24:26,333 - Yes, sir. - Why didn’t you? 1353 01:24:26,401 --> 01:24:29,199 'Cause Dawson would kick my butt, sir. 1354 01:24:29,270 --> 01:24:33,206 Good enough. Captain Ross is gonna ask you some questions now. 1355 01:24:34,576 --> 01:24:36,510 Corporal Barnes... 1356 01:24:37,979 --> 01:24:40,470 I hold here the Marine Outline for Recruit Training. 1357 01:24:40,548 --> 01:24:42,311 - Are you familiar with this book? - Yes, sir. 1358 01:24:42,383 --> 01:24:44,044 - Have you read it? - Yes, sir. 1359 01:24:44,119 --> 01:24:47,418 Would you turn to the chapter that deals with Code Reds, please? 1360 01:24:49,991 --> 01:24:53,552 Just flip to the page of the book that discusses Code Reds. 1361 01:24:55,830 --> 01:24:59,288 Well, you see, sir, Code Red is a term that we use. 1362 01:24:59,367 --> 01:25:01,062 Just down in Gitmo- 1363 01:25:01,136 --> 01:25:03,229 Oh, we're in luck, then. 1364 01:25:06,541 --> 01:25:10,978 Standard Operating Procedure, Rifle Security Company, Guantanamo Bay, Cuba. 1365 01:25:11,045 --> 01:25:15,038 I assume we'll find the term Code Red and its definition in that book. 1366 01:25:15,116 --> 01:25:16,981 No, sir. 1367 01:25:17,051 --> 01:25:18,848 Corporal Barnes, I'm a Marine. 1368 01:25:18,920 --> 01:25:23,050 Is there no book, no manual or pamphlet, no set of orders or regulations... 1369 01:25:23,124 --> 01:25:27,652 that lets me know that as a Marine one of my duties is to perform Code Reds? 1370 01:25:27,729 --> 01:25:31,165 No, sir. No book, sir. 1371 01:25:31,232 --> 01:25:33,166 No further questions. 1372 01:25:35,236 --> 01:25:37,796 Corporal, would you turn to the page in this book... 1373 01:25:37,872 --> 01:25:40,272 that says where the mess hall is, please? 1374 01:25:40,341 --> 01:25:43,435 Lieutenant Kaffee, that's not in the book, sir. 1375 01:25:44,979 --> 01:25:47,914 You mean to say in all your time at Gitmo you've never had a meal? 1376 01:25:47,982 --> 01:25:51,145 No, sir. Three squares a day, sir. 1377 01:25:51,953 --> 01:25:53,545 I don't understand. 1378 01:25:53,621 --> 01:25:56,681 How did you know where the mess hall was if it’s not in this book? 1379 01:25:59,294 --> 01:26:02,457 Well, I guess I just followed the crowd at chow time, sir. 1380 01:26:03,431 --> 01:26:05,626 No more questions. 1381 01:26:05,700 --> 01:26:09,363 - Corporal Barnes, you may step down. - Thank you, sir. 1382 01:26:14,976 --> 01:26:17,467 7:00 tonight we'll do a final Kendrick review. 1383 01:26:17,545 --> 01:26:20,446 I want to slam-dunk this guy. 1384 01:26:31,893 --> 01:26:33,451 Hey, Luther. 1385 01:26:33,528 --> 01:26:36,019 Admiral, how's the big case going? 1386 01:26:36,097 --> 01:26:38,065 Nose to the grindstone. 1387 01:26:38,132 --> 01:26:41,295 - No flies on you. - A rolling stone gathers no moss. 1388 01:26:41,369 --> 01:26:43,894 Well, it ain't over till the fat lady sings. 1389 01:26:43,972 --> 01:26:46,338 You can say that again. 1390 01:26:46,407 --> 01:26:49,706 - It ain't over till the fat lady sings. - Till the fat lady sings. 1391 01:26:50,812 --> 01:26:52,746 Walked into that one. 1392 01:27:04,292 --> 01:27:07,022 Oh, Jesus Christ! 1393 01:27:07,095 --> 01:27:09,757 You left the door unlocked. 1394 01:27:09,831 --> 01:27:12,891 - You scared the shit out of me. - Just keep driving. 1395 01:27:12,967 --> 01:27:14,901 Are you aware you're under subpoena? 1396 01:27:14,969 --> 01:27:18,769 Yes. I'm also aware that the lives of two Marines are in your hands. 1397 01:27:18,840 --> 01:27:21,001 If there was something I could do about that, I would. 1398 01:27:21,075 --> 01:27:23,475 But since I can't, all I can do is help you. 1399 01:27:23,544 --> 01:27:25,876 - What do you know? - I know everything. 1400 01:27:25,947 --> 01:27:28,177 - Was it a Code Red? - Yes. 1401 01:27:28,249 --> 01:27:30,376 - Did Kendrick give the order? - Yes. 1402 01:27:30,451 --> 01:27:33,386 - Did you witness it? - I didn't need to. 1403 01:27:33,454 --> 01:27:36,082 Then how do you know? - I know. - You know shit. 1404 01:27:36,157 --> 01:27:38,523 He was never gonna be transferred off that base. 1405 01:27:44,465 --> 01:27:47,764 Jessup was gonna keep him on the base. He said he wanted him trained. 1406 01:27:47,835 --> 01:27:50,429 - The transfer order has your signature. - Yeah, I know. 1407 01:27:50,505 --> 01:27:54,464 I signed it the morning you arrived in Cuba, five days after Santiago died. 1408 01:27:58,146 --> 01:28:00,910 I'm gonna get you a deal, some kind of immunity with the prosecutor. 1409 01:28:00,982 --> 01:28:05,476 In about four days, you'll appear as a witness and tell what you know. 1410 01:28:05,553 --> 01:28:09,182 I'm gonna check you into a motel. We are gonna start from the beginning. 1411 01:28:09,257 --> 01:28:13,421 I don't want a deal, and I don't want immunity. 1412 01:28:13,494 --> 01:28:18,727 I want you to know that I'm proud neither of what I've done or am doing. 1413 01:28:21,069 --> 01:28:23,037 - Where is he? - The Downtown Lodge in Northeast. 1414 01:28:23,104 --> 01:28:25,231 - I want him guarded. - That's a good idea. 1415 01:28:25,306 --> 01:28:28,002 - My clearance code is 411527273. - Clearance code? 1416 01:28:28,076 --> 01:28:30,738 - Thank you. - Do you have a clearance code? 1417 01:28:30,812 --> 01:28:32,939 This is Jo Galloway. I need to secure a witness. 1418 01:28:33,014 --> 01:28:35,983 Anyway, he also said that Jessup’s lying about the transportation off the base. 1419 01:28:36,050 --> 01:28:38,848 Jessup said that 6:00 the next morning was the first flight Santiago could have left on. 1420 01:28:38,920 --> 01:28:42,412 Markinson says there was a plane that left seven hours earlier. 1421 01:28:42,490 --> 01:28:45,516 That was impressive. Did you hear what I said about the flight? 1422 01:28:45,593 --> 01:28:48,858 Sam, when a flight takes off, there's a record kept, right? 1423 01:28:48,930 --> 01:28:51,125 Yeah, you need the tower chief’s log from Gitmo. 1424 01:28:51,199 --> 01:28:54,327 - Get it. - We're gonna win. 1425 01:28:54,402 --> 01:28:56,768 We don't know who Markinson is. We don't know what the logbook will say. 1426 01:28:56,838 --> 01:28:59,864 You just concentrate on Downey. I'm gonna talk to Ross and tell him where we are. 1427 01:29:06,981 --> 01:29:10,417 Nice work today. Redirect on Barnes. 1428 01:29:10,485 --> 01:29:14,615 - I have Markinson. - Where is he? 1429 01:29:14,689 --> 01:29:19,023 Motel room in Northeast with six Federal Marshalls outside his door. 1430 01:29:19,093 --> 01:29:21,254 The transfer that Markinson signed is phony. 1431 01:29:21,329 --> 01:29:24,162 Jessup's statement that the 6:00 a. m. flight was the first available is a lie. 1432 01:29:24,232 --> 01:29:26,666 We're checking the tower chief’s log. I'd like a beer, please. 1433 01:29:26,734 --> 01:29:31,171 In the meantime, I'm gonna put Kendrick on the stand and have some fun. 1434 01:29:31,239 --> 01:29:34,003 All right, I have an obligation to tell you... 1435 01:29:34,075 --> 01:29:37,169 that if you accuse Kendrick or Jessup of any crime without proper evidence... 1436 01:29:37,245 --> 01:29:40,009 you'll be subject to a court-martial for professional misconduct. 1437 01:29:40,081 --> 01:29:44,575 That's something that'll be stapled to every job application you ever fill out. 1438 01:29:46,254 --> 01:29:49,815 Markinson's not gonna hold up, Danny. He's a crazy man. 1439 01:29:49,891 --> 01:29:53,520 I'm not saying this to intimidate you. I'm being your lawyer here. 1440 01:29:53,594 --> 01:29:57,690 Thanks, Jack. And I think the fucking bunch of you are certifiably insane. 1441 01:29:57,765 --> 01:30:00,097 Your code of honor makes me want to beat the shit out of somebody. 1442 01:30:00,168 --> 01:30:04,036 Don't lump me in with them just because we wear the same uniform. 1443 01:30:04,105 --> 01:30:07,165 I'm your friend, and I don't think your clients belong in jail... 1444 01:30:07,241 --> 01:30:09,175 but I don't get to make that decision. 1445 01:30:09,243 --> 01:30:13,646 I represent the United States government without passion or prejudice. 1446 01:30:13,714 --> 01:30:17,047 - My client has a case. - Here you go. 1447 01:30:20,888 --> 01:30:23,686 I want you to acknowledge that the judge advocate has made you aware... 1448 01:30:23,758 --> 01:30:26,625 of the possible consequences involved in accusing a Marine officer... 1449 01:30:26,694 --> 01:30:28,787 of a felony without proper evidence. 1450 01:30:28,863 --> 01:30:31,525 I've been so advised. 1451 01:30:35,736 --> 01:30:38,534 You got bullied into that courtroom, Danny. 1452 01:30:38,606 --> 01:30:42,474 By everyone. By Dawson, by Galloway. 1453 01:30:42,543 --> 01:30:45,103 Shit, I practically dared you. 1454 01:30:46,280 --> 01:30:49,807 You got bullied into that courtroom by the memory of a dead lawyer. 1455 01:30:55,923 --> 01:30:59,051 You're a lousy fucking softball player, Jack! 1456 01:31:02,430 --> 01:31:06,594 Your boys are going down, Danny. I can't stop it anymore. 1457 01:31:11,906 --> 01:31:15,239 Lieutenant Kendrick, in your opinion, was Private Santiago a good Marine? 1458 01:31:15,309 --> 01:31:17,402 I'd say he was about average. 1459 01:31:17,478 --> 01:31:20,879 You signed three proficiency and conduct reports on Santiago. 1460 01:31:20,948 --> 01:31:24,611 On all three reports, you indicate a rating of below average. 1461 01:31:27,989 --> 01:31:31,925 Yes, Private Santiago was below average. 1462 01:31:31,993 --> 01:31:35,759 I did not see the need to trample on a man's grave. 1463 01:31:35,830 --> 01:31:37,991 We appreciate that, but you’re under oath now. 1464 01:31:38,065 --> 01:31:40,693 Unpleasant as it may be, we'd all just as soon hear the truth. 1465 01:31:40,768 --> 01:31:42,633 I'm aware of my oath. 1466 01:31:42,703 --> 01:31:47,663 These are the last three pro-con reports you signed for Lance Corporal Dawson. 1467 01:31:47,742 --> 01:31:49,676 Dawson received two marks of exceptional... 1468 01:31:49,744 --> 01:31:54,113 but on this most recent report of June 9 he received a rating of below average. 1469 01:31:54,181 --> 01:31:58,174 - I'd like to discuss this last report. - That would be fine. 1470 01:31:58,252 --> 01:32:01,915 Lance Corporal Dawson's ranking after the school of infantry was perfect. 1471 01:32:01,989 --> 01:32:04,924 Over half that class has since been promoted to full corporal... 1472 01:32:04,992 --> 01:32:07,290 while Dawson has remained a lance corporal. 1473 01:32:07,361 --> 01:32:10,353 Was Dawson's promotion held up because of this last report? 1474 01:32:10,431 --> 01:32:12,365 I'm sure it was. 1475 01:32:12,433 --> 01:32:15,425 Do you recall why Dawson was given such a poor grade on this report? 1476 01:32:15,503 --> 01:32:16,800 I'm sure I don't. 1477 01:32:16,871 --> 01:32:20,705 I have many men in my charge. I write many reports. 1478 01:32:20,775 --> 01:32:26,543 Lieutenant, do you recall an incident involving a P.F.C. Curtis Bell... 1479 01:32:26,614 --> 01:32:29,344 who'd been found stealing liquor from the Officers' Club? 1480 01:32:29,417 --> 01:32:31,317 Yes, I do. 1481 01:32:31,385 --> 01:32:33,819 Did you report Private Bell to proper authorities? 1482 01:32:35,723 --> 01:32:37,884 I have two books at my bedside- 1483 01:32:37,959 --> 01:32:40,951 The Marine Corps Code of Conduct and The King James Bible. 1484 01:32:41,028 --> 01:32:43,622 The only proper authorities I'm aware of are my commanding officer... 1485 01:32:43,698 --> 01:32:46,360 Colonel Nathan R. Jessup and the Lord our God. 1486 01:32:47,969 --> 01:32:50,529 At your request, Lieutenant Kendrick, I can have the record reflect... 1487 01:32:50,605 --> 01:32:53,267 your lack of acknowledgement of this court as a proper authority. 1488 01:32:53,341 --> 01:32:56,174 - Objection. Argumentative. - Sustained. 1489 01:32:56,243 --> 01:32:58,336 Watch yourself, counselor. 1490 01:32:58,412 --> 01:33:01,108 Did you report Private Bell to your superiors? 1491 01:33:01,182 --> 01:33:03,946 I remember thinking very highly of Private Bell- 1492 01:33:04,018 --> 01:33:07,181 not wanting to see his record tarnished by a formal charge. 1493 01:33:08,356 --> 01:33:11,223 You preferred it be handled within the unit? 1494 01:33:12,960 --> 01:33:14,894 Yes, I most certainly did. 1495 01:33:16,130 --> 01:33:19,361 - Do you know what a Code Red is? - Yes, I do. 1496 01:33:19,433 --> 01:33:22,630 - Have you ever ordered a Code Red? - No, I have not. 1497 01:33:22,703 --> 01:33:25,797 Did you order Dawson and two other men to make sure that Private Bell... 1498 01:33:25,873 --> 01:33:31,311 received no food or drink, except water, for a period of seven days? 1499 01:33:31,379 --> 01:33:33,677 That is a distortion of the truth, Lieutenant. 1500 01:33:33,748 --> 01:33:36,012 Private Bell was placed on barracks restriction. 1501 01:33:36,083 --> 01:33:39,177 He was given water and vitamin supplements, and I can assure you... 1502 01:33:39,253 --> 01:33:43,212 at no time was his health in danger. 1503 01:33:43,290 --> 01:33:46,020 I'm sure it was lovely for Private Bell. 1504 01:33:46,093 --> 01:33:48,755 But you did order the barracks restriction, didn’t you? 1505 01:33:48,829 --> 01:33:52,993 - You did order the denial of food? - Yes, I did. 1506 01:33:53,067 --> 01:33:56,867 Wouldn't this form of discipline be considered a Code Red? 1507 01:33:57,868 --> 01:33:58,868 No. 1508 01:33:59,674 --> 01:34:03,542 If I called the other 478 Marines at Guantanamo Bay to testify... 1509 01:34:03,611 --> 01:34:05,704 would they consider it a Code Red? 1510 01:34:05,780 --> 01:34:09,739 The witness can't possibly testify as to what 478 other men would say. 1511 01:34:09,817 --> 01:34:13,685 We object to this entire line of questioning. It's argumentative... 1512 01:34:13,754 --> 01:34:16,120 and irrelevant badgering of the witness. 1513 01:34:16,190 --> 01:34:18,818 The government's objection is sustained, Lieutenant Kaffee... 1514 01:34:18,893 --> 01:34:22,021 and I would remind you that you’re now questioning a Marine officer... 1515 01:34:22,096 --> 01:34:24,223 with an impeccable service record. 1516 01:34:24,298 --> 01:34:25,856 Thank you, Your Honor. 1517 01:34:26,934 --> 01:34:30,734 Lieutenant, was Dawson given a rating of below average on this last report... 1518 01:34:30,805 --> 01:34:33,672 because you learned he'd been sneaking food to Private Bell? 1519 01:34:33,741 --> 01:34:37,006 - Object! - Not so fast. Lieutenant? 1520 01:34:38,679 --> 01:34:42,342 Lance Corporal Dawson was given a below average rating... 1521 01:34:43,317 --> 01:34:45,785 because he had committed a crime. 1522 01:34:45,853 --> 01:34:49,118 A crime? What crime did he commit? 1523 01:34:53,027 --> 01:34:58,795 Dawson brought a hungry guy some food. What crime did he commit? 1524 01:35:00,801 --> 01:35:02,359 He disobeyed an order. 1525 01:35:02,436 --> 01:35:04,927 And because he exercised his own set of values... 1526 01:35:05,005 --> 01:35:07,997 because he made a decision about the welfare of a Marine... 1527 01:35:08,075 --> 01:35:11,704 that was in conflict with your order, he was punished, is that right? 1528 01:35:11,779 --> 01:35:15,306 Lance Corporal Dawson disobeyed an order. 1529 01:35:15,382 --> 01:35:17,907 Yeah, but it wasn't a real order, was it? 1530 01:35:17,985 --> 01:35:20,180 After all, it's peacetime. 1531 01:35:20,254 --> 01:35:23,519 He wasn't being asked to secure a hill or advance on a beachhead. 1532 01:35:23,591 --> 01:35:28,028 I mean, surely a Marine of Dawson's intelligence... 1533 01:35:28,095 --> 01:35:31,189 can be trusted to determine on his own which are the important orders... 1534 01:35:31,265 --> 01:35:35,167 and which orders might, say, be morally questionable? 1535 01:35:38,405 --> 01:35:40,202 Can he? 1536 01:35:40,274 --> 01:35:43,937 Can Dawson determine on his own which orders he's going to follow? 1537 01:35:44,011 --> 01:35:45,706 No, he cannot. 1538 01:35:45,780 --> 01:35:48,510 A lesson he learned after the Curtis Bell incident, right? 1539 01:35:48,582 --> 01:35:51,449 - I would think so. - You know so, don’t you? 1540 01:35:51,519 --> 01:35:53,214 - Object! - Sustained. 1541 01:35:55,256 --> 01:35:58,191 Lieutenant Kendrick, one final question. 1542 01:35:59,493 --> 01:36:02,792 If you had ordered Dawson to give Santiago a Code Red- 1543 01:36:02,863 --> 01:36:07,095 - I specifically ordered those men- - Would he disobey you again? 1544 01:36:07,168 --> 01:36:11,229 - Lieutenant, don't answer that! - You don't have to. I'm through. 1545 01:36:11,305 --> 01:36:14,934 Lieutenant Kendrick, did you order Lance Corporal Dawson... 1546 01:36:15,009 --> 01:36:18,968 and Private Downey to give Willie Santiago a Code Red? 1547 01:36:22,183 --> 01:36:25,152 - No, I did not. - Thank you. 1548 01:36:29,123 --> 01:36:31,284 What's the word? 1549 01:36:31,358 --> 01:36:35,624 I got the tower chief’s log from that night. Jessup’s telling the truth. 1550 01:36:35,696 --> 01:36:39,928 - 6:00 a. m. flight was the first plane. - Let me see this. 1551 01:36:50,110 --> 01:36:52,977 - Working late tonight? - Oh, yeah. 1552 01:36:57,351 --> 01:37:01,048 There wasn't a flight at 11:00. What the fuck are you trying to pull? 1553 01:37:01,121 --> 01:37:04,352 The first flight stateside left Guantanamo Bay at 2300. 1554 01:37:04,425 --> 01:37:08,361 It arrived at Andrews Air Force Base at a few minutes past 2:00. 1555 01:37:08,429 --> 01:37:11,626 Really? Then why isn't it listed in the tower chief’s log? 1556 01:37:13,734 --> 01:37:15,031 Jessup. 1557 01:37:15,102 --> 01:37:17,536 What are you telling me? He fixed the logbook? 1558 01:37:19,573 --> 01:37:23,600 Maybe he can make it so a plane didn't take off, but I can prove one landed. 1559 01:37:23,677 --> 01:37:25,770 I'll get the logbook from Andrews. 1560 01:37:25,846 --> 01:37:28,815 You're not gonna find anything in the Andrews logbook, either. 1561 01:37:28,883 --> 01:37:30,817 He can make an entire flight disappear? 1562 01:37:30,885 --> 01:37:35,379 Jessup is about to be appointed director of operations for the Security Council. 1563 01:37:35,456 --> 01:37:39,449 You don't get to that position without knowing how to sidestep some land mines. 1564 01:37:39,526 --> 01:37:42,393 He's not gonna be able to sidestep you. 1565 01:37:42,463 --> 01:37:44,863 You don't still intend to put me on the stand? 1566 01:37:44,932 --> 01:37:47,867 Thursday morning, 10:00. 1567 01:37:52,306 --> 01:37:56,140 There's gotta be someone who can testify to the flight. 1568 01:37:56,210 --> 01:37:59,441 This isn't TWA. There isn't a regular flight schedule. 1569 01:37:59,513 --> 01:38:02,311 Do you have any idea how many planes take off and land every day? 1570 01:38:02,383 --> 01:38:05,819 A ground crew kid won't remember a flight that landed four weeks ago. 1571 01:38:05,886 --> 01:38:09,049 - How do you know if you don't check? - Forget the flight! 1572 01:38:09,123 --> 01:38:12,923 Markinson will testify that Jessup refused to transfer Santiago. 1573 01:38:12,993 --> 01:38:15,553 He'll testify to the forged transfer, and that'll be enough. 1574 01:38:15,629 --> 01:38:18,154 That and Downey's testimony really ought to be enough. 1575 01:38:23,671 --> 01:38:27,630 Why did you go into Santiago's room on the night of the 6th? 1576 01:38:27,708 --> 01:38:30,939 To give Private Santiago a Code Red, ma'am. 1577 01:38:31,011 --> 01:38:33,206 Why did you give him a Code Red? 1578 01:38:33,280 --> 01:38:36,716 I was ordered to give him a Code Red by the platoon commander... 1579 01:38:36,784 --> 01:38:41,016 of Rifle Security Company Windward, Lieutenant Jonathan James Kendrick. 1580 01:38:42,222 --> 01:38:44,622 You're gonna do fine. 1581 01:38:46,226 --> 01:38:48,717 You think they'll let us go back to our platoon soon, ma'am? 1582 01:38:50,164 --> 01:38:52,064 Absolutely. 1583 01:38:55,269 --> 01:38:57,703 Do you remember the order of questions? Are you sure? 1584 01:38:57,771 --> 01:39:00,706 And we'll use small words, 'cause he gets rattled if he doesn't understand. 1585 01:39:00,774 --> 01:39:03,675 - I'm just saying go slow. - I'm gonna go slow. 1586 01:39:03,744 --> 01:39:06,679 And get him off as fast as you can. 1587 01:39:06,747 --> 01:39:09,682 What? It's gonna be fine. 1588 01:39:12,119 --> 01:39:14,087 Dear Mr. and Mrs. Santiago... 1589 01:39:15,422 --> 01:39:17,890 I was William's executive officer. 1590 01:39:17,958 --> 01:39:21,450 I knew your son vaguely, which is to say I knew his name. 1591 01:39:22,529 --> 01:39:24,520 In a matter of time, the trial of the two men... 1592 01:39:24,598 --> 01:39:27,294 charged with your son's death will be concluded... 1593 01:39:27,368 --> 01:39:29,632 and seven men and two women whom you've never met... 1594 01:39:29,703 --> 01:39:33,696 will try to offer you an explanation as to why William is dead. 1595 01:39:33,774 --> 01:39:37,403 For my part, I've done as much as I can to bring the truth to light. 1596 01:39:38,278 --> 01:39:39,802 And the truth is this- 1597 01:39:39,880 --> 01:39:42,440 Your son is dead for only one reason- 1598 01:39:42,516 --> 01:39:45,451 I wasn't strong enough to stop it. 1599 01:39:45,519 --> 01:39:49,922 Always, Lieutenant Colonel Matthew Andrew Markinson... 1600 01:39:49,990 --> 01:39:51,480 United States Marine Corps. 1601 01:39:56,630 --> 01:40:00,157 Private, I want you to tell us one last time. 1602 01:40:00,234 --> 01:40:06,070 Why did you go to Private Santiago's room on the night of September 6? 1603 01:40:06,140 --> 01:40:08,540 A Code Red was ordered by my platoon commander... 1604 01:40:08,609 --> 01:40:10,941 Lieutenant Jonathan James Kendrick. 1605 01:40:11,512 --> 01:40:13,275 Thank you. 1606 01:40:13,347 --> 01:40:14,939 Your witness. 1607 01:40:19,486 --> 01:40:21,681 Private, the week of 2 September... 1608 01:40:21,755 --> 01:40:25,247 the switch log has you down at Post 39 until 1600. 1609 01:40:25,325 --> 01:40:26,519 Is that correct? 1610 01:40:26,593 --> 01:40:29,528 I'm sure it is, sir. They keep that log pretty good. 1611 01:40:29,596 --> 01:40:33,191 How far is it from Post 39 to the Windward Barracks? 1612 01:40:33,267 --> 01:40:36,725 Well, it's a ways, sir. It's a hike. 1613 01:40:36,804 --> 01:40:39,637 About how far by Jeep? 1614 01:40:39,706 --> 01:40:43,073 About ten or fifteen minutes, sir. 1615 01:40:43,143 --> 01:40:45,043 You ever had to walk it? 1616 01:40:45,112 --> 01:40:48,946 Yes, sir. That day, Friday. The pickup private- 1617 01:40:49,016 --> 01:40:52,076 That's what we call the guy who drops us off and picks us up... 1618 01:40:52,152 --> 01:40:55,349 also 'cause he can get girls in New York City. 1619 01:40:56,390 --> 01:40:58,551 The pickup private got a flat, sir, right at 39. 1620 01:40:58,625 --> 01:41:01,458 He pulled up and, bam, blowout with no spare. 1621 01:41:01,528 --> 01:41:03,587 So we had to double-time it back to the barracks. 1622 01:41:03,664 --> 01:41:07,361 And if it’s about ten or fifteen minutes by Jeep, I'm guessing... 1623 01:41:07,434 --> 01:41:10,494 it must be a good hour by foot, am I right? 1624 01:41:10,571 --> 01:41:13,665 Pickup and me did it in 45 flat, sir. 1625 01:41:13,740 --> 01:41:15,173 Not bad. 1626 01:41:16,610 --> 01:41:20,046 You've said that your assault on Private Santiago... 1627 01:41:20,114 --> 01:41:23,379 was a result of an order that Lieutenant Kendrick gave you... 1628 01:41:23,450 --> 01:41:27,011 in your barracks room at 1620, am I right? 1629 01:41:28,155 --> 01:41:29,747 Yes, sir. 1630 01:41:29,823 --> 01:41:33,623 But you just said that you didn't make it back to the barracks until 1645. 1631 01:41:34,964 --> 01:41:35,824 Sir? 1632 01:41:36,196 --> 01:41:40,326 Well, if you didn't make it back to the barracks until 1645... 1633 01:41:40,400 --> 01:41:42,595 how could you be in your room at 1620? 1634 01:41:43,637 --> 01:41:46,435 Well, you see, sir, there was a blowout- 1635 01:41:46,507 --> 01:41:50,409 Did you ever actually hear Lieutenant Kendrick order a Code Red? 1636 01:41:50,477 --> 01:41:52,206 Well, Hal said that- 1637 01:41:52,279 --> 01:41:54,804 Private, did you ever actually hear... 1638 01:41:54,882 --> 01:41:57,612 Lieutenant Kendrick order a Code Red? 1639 01:41:57,913 --> 01:41:59,313 No, sir. 1640 01:41:59,386 --> 01:42:02,719 I'd like to request a recess in order to confer with my client. 1641 01:42:02,789 --> 01:42:05,121 - Why did you go into Santiago's room? - The witness has rights! 1642 01:42:05,192 --> 01:42:08,457 - The witness has been read his rights. - The question will be repeated. 1643 01:42:08,529 --> 01:42:10,463 Why did you go into Santiago's room? 1644 01:42:10,531 --> 01:42:13,967 Did Lance Corporal Dawson tell you to give Santiago a Code Red? 1645 01:42:14,034 --> 01:42:15,797 - Don't look at him! - Hal! 1646 01:42:15,869 --> 01:42:17,803 Answer the captain's question! 1647 01:42:21,108 --> 01:42:23,440 Yes, Captain, I was given an order by my squad leader... 1648 01:42:23,510 --> 01:42:26,843 Lance Corporal Harold W. Dawson, United States Marine Corps... 1649 01:42:26,914 --> 01:42:28,176 and I followed it. 1650 01:42:49,603 --> 01:42:51,264 Where do you think he is? 1651 01:42:53,540 --> 01:42:56,304 As far as Downey was concerned, it was an order from Kendrick. 1652 01:42:56,376 --> 01:42:58,344 It doesn't matter that he didn't hear it firsthand. 1653 01:42:58,412 --> 01:43:01,472 He doesn't distinguish between the two. 1654 01:43:05,652 --> 01:43:07,950 Danny, I'm sorry. 1655 01:43:08,855 --> 01:43:10,413 Don't worry about it. 1656 01:43:10,490 --> 01:43:13,050 Sam and I were just talking about how all we really have to do... 1657 01:43:13,126 --> 01:43:15,993 is call some witnesses who will talk about implied orders. 1658 01:43:16,063 --> 01:43:18,623 Maybe we can put Downey back on the stand before we get to Dawson. 1659 01:43:19,399 --> 01:43:24,029 If we work at it, we can get Dawson charged with the Kennedy assassination. 1660 01:43:27,341 --> 01:43:28,501 Are you drunk? 1661 01:43:29,376 --> 01:43:32,140 Pretty much. 1662 01:43:32,212 --> 01:43:34,544 Yeah. 1663 01:43:34,615 --> 01:43:38,176 I'll put on a pot of coffee. We've got a long night's work ahead. 1664 01:43:39,319 --> 01:43:41,719 She's gonna make coffee. 1665 01:43:42,856 --> 01:43:44,824 That's nice. 1666 01:43:48,762 --> 01:43:51,595 Downey wasn’t in his room. 1667 01:43:51,665 --> 01:43:53,565 Wasn't even there. 1668 01:43:55,002 --> 01:43:58,199 That was an important piece of information, don’t you think? 1669 01:44:00,674 --> 01:44:04,974 Danny, it was a setback, and I'm sorry. 1670 01:44:05,045 --> 01:44:07,741 But we fix it, and move on to Markinson. 1671 01:44:09,483 --> 01:44:11,212 Markinson's dead. 1672 01:44:17,090 --> 01:44:21,117 You really gotta hand it to those Federal Marshals, boy. 1673 01:44:21,194 --> 01:44:23,856 It's not like he hanged himself by his shoelaces... 1674 01:44:23,930 --> 01:44:26,558 or slashed his wrists with a concealed butter knife. 1675 01:44:26,633 --> 01:44:28,066 This guy... 1676 01:44:30,003 --> 01:44:33,666 got into full dress uniform, stood in the middle of that room... 1677 01:44:33,740 --> 01:44:36,903 drew a nickel-plated pistol from his holster... 1678 01:44:36,977 --> 01:44:39,377 and fired a bullet into his mouth. 1679 01:44:43,283 --> 01:44:47,151 Anyway, since we seem to be out of witnesses, I thought I'd drink a little. 1680 01:44:47,220 --> 01:44:49,415 I still think we can win. 1681 01:44:51,458 --> 01:44:53,085 Maybe you should drink a little. 1682 01:44:53,160 --> 01:44:58,154 We'll go to Randolph in the morning and make a motion for a 24-hour continuance. 1683 01:44:58,231 --> 01:45:01,496 - Why would we want to do that? - To subpoena Colonel Jessup. 1684 01:45:02,669 --> 01:45:05,433 - What? - Listen for a second. Hear me out. 1685 01:45:05,434 --> 01:45:07,530 No. I won't listen, and I won't hear you out. 1686 01:45:07,607 --> 01:45:09,905 Your passion is compelling, Jo. It's also useless. 1687 01:45:09,976 --> 01:45:13,104 Louden Downey needed a trial lawyer today. 1688 01:45:16,116 --> 01:45:17,811 You're chickenshit. 1689 01:45:17,884 --> 01:45:20,614 You're gonna use what happened today as an excuse to give up. 1690 01:45:22,089 --> 01:45:23,681 It's over. 1691 01:45:23,757 --> 01:45:26,317 Why did you ask Jessup for the transfer order? 1692 01:45:26,393 --> 01:45:29,021 - In Cuba. Why? - What does it matter? 1693 01:45:29,096 --> 01:45:31,758 - I wanted the damn transfer order! - Bullshit. 1694 01:45:31,832 --> 01:45:35,324 You could've gotten it by calling any department at the Pentagon. 1695 01:45:35,402 --> 01:45:40,135 You didn't want the transfer order. You wanted to see Jessup’s reaction. 1696 01:45:40,207 --> 01:45:43,267 You had an instinct, and it was confirmed by Markinson. 1697 01:45:43,343 --> 01:45:46,278 Let's put Jessup on the stand and end this thing! 1698 01:45:46,346 --> 01:45:50,510 What possible good could come from putting Jessup on the stand? 1699 01:45:50,584 --> 01:45:52,711 He told Kendrick to order the Code Red. 1700 01:45:52,786 --> 01:45:56,847 He did? That's great! Why didn’t you say so? 1701 01:45:56,923 --> 01:45:59,187 And of course you have proof of that! 1702 01:45:59,259 --> 01:46:03,491 Oh, I'm sorry. I forgot. You were sick the day they taught law at law school. 1703 01:46:03,563 --> 01:46:06,031 You put him on the stand, and you get it from him. 1704 01:46:06,099 --> 01:46:10,126 Oh, we get it from him! Yes! No problem! 1705 01:46:10,203 --> 01:46:14,037 Colonel Jessup, isn't it true that you ordered the Code Red on Santiago? 1706 01:46:14,107 --> 01:46:17,235 - Listen, we're all a little- - I'm sorry. Your time's run out. 1707 01:46:17,310 --> 01:46:20,404 What do we have for the losers? Well, for our defendants... 1708 01:46:20,480 --> 01:46:22,846 it's a lifetime at exotic Fort Leavenworth. 1709 01:46:22,916 --> 01:46:25,885 And for Defense Counsel Kaffee... 1710 01:46:25,952 --> 01:46:27,749 it's a court-martial! 1711 01:46:27,821 --> 01:46:30,984 Yes, Johnny, after falsely accusing... 1712 01:46:31,057 --> 01:46:33,389 a highly decorated Marine officer... 1713 01:46:33,460 --> 01:46:35,325 of conspiracy and perjury... 1714 01:46:35,395 --> 01:46:38,523 Lieutenant Kaffee will have a long and prosperous career... 1715 01:46:38,598 --> 01:46:43,831 teaching typewriter maintenance at the Rocco Clubo School for Women. 1716 01:46:43,904 --> 01:46:46,964 Thank you for playing "Should we or should we not... 1717 01:46:47,040 --> 01:46:50,100 follow the advice of the galactically stupid?" 1718 01:47:11,965 --> 01:47:15,025 I'm sorry I lost your set of steak knives. 1719 01:47:32,018 --> 01:47:33,952 Stop cleaning up. 1720 01:47:39,159 --> 01:47:41,093 Stop cleaning up. 1721 01:47:49,603 --> 01:47:52,538 - Want a drink? - Yeah. 1722 01:48:10,557 --> 01:48:13,788 - Is your father proud of you? - Don't do this to yourself. 1723 01:48:13,860 --> 01:48:15,589 I'll bet he is. 1724 01:48:16,396 --> 01:48:19,729 I'll bet he bores the shit out of the neighbors and relatives. 1725 01:48:19,799 --> 01:48:24,259 "Sam's made Law Review. He's got a big case he's making. 1726 01:48:24,337 --> 01:48:27,465 He's arguing. He's making an argument. " 1727 01:48:32,979 --> 01:48:37,211 I think my father would’ve enjoyed seeing me graduate from law school. 1728 01:48:40,720 --> 01:48:43,416 I think he would've liked that an awful lot. 1729 01:48:45,992 --> 01:48:48,961 Did I ever tell you I wrote a paper about your father in college? 1730 01:48:50,030 --> 01:48:51,463 Yeah? 1731 01:48:51,531 --> 01:48:54,125 One of the best trial lawyers ever. 1732 01:48:54,200 --> 01:48:57,533 Yes, he was. 1733 01:48:57,604 --> 01:48:59,902 If I were Dawson and Downey and I had a choice... 1734 01:48:59,973 --> 01:49:02,942 between you or your father to represent me in this case... 1735 01:49:03,009 --> 01:49:06,001 I'd choose you any day of the week and twice on Sunday. 1736 01:49:06,079 --> 01:49:09,480 You should've seen yourself thunder away at Kendrick. 1737 01:49:12,586 --> 01:49:14,520 Would you put Jessup on the stand? 1738 01:49:18,258 --> 01:49:22,718 - Do you think my father would have? - With the evidence we got? 1739 01:49:22,796 --> 01:49:25,697 Not in a million years. 1740 01:49:25,765 --> 01:49:29,132 But here's the thing- and there's really know way of getting around this- 1741 01:49:29,202 --> 01:49:33,536 Neither Lyle Kaffee nor Sam Weinberg are lead counsel for the defense... 1742 01:49:33,607 --> 01:49:36,735 in the matter of U.S. v. Dawson and Downey. 1743 01:49:36,810 --> 01:49:40,746 So there's really only one question- What would you do? 1744 01:49:52,792 --> 01:49:56,853 Jo, get in the car. Joanne, please get in the car. 1745 01:49:56,930 --> 01:49:58,363 Look- 1746 01:50:01,835 --> 01:50:06,169 I apologize. I was angry. I'm sorry about what I said. 1747 01:50:06,239 --> 01:50:08,833 I'm gonna put Jessup on the stand. 1748 01:50:29,095 --> 01:50:30,756 What do you suggest we do? 1749 01:50:30,830 --> 01:50:33,025 I say we hit Jessup with the phony transfer order. 1750 01:50:33,099 --> 01:50:35,033 What's a transfer order without a witness? 1751 01:50:35,101 --> 01:50:36,693 - We have a witness. - A dead witness. 1752 01:50:36,770 --> 01:50:39,671 In the hands of a lesser attorney, that would be a problem. 1753 01:50:39,739 --> 01:50:42,207 Look at this. Last night he's swimming in Jack Daniels... 1754 01:50:42,275 --> 01:50:45,005 and now he can leap tall buildings in a single bound. 1755 01:50:45,078 --> 01:50:48,275 I'm getting my second wind. Sit down, both of you. 1756 01:50:48,348 --> 01:50:52,876 Good. Jessup told Kendrick to order the Code Red. Kendrick did. 1757 01:50:52,952 --> 01:50:55,182 Our clients followed the order. The cover-up isn't our case. 1758 01:50:55,255 --> 01:50:59,885 To win, Jessup needs to tell the court members that he ordered the Code Red. 1759 01:50:59,959 --> 01:51:03,690 - You think you can get him to say it? - I think he wants to say it. 1760 01:51:03,763 --> 01:51:06,027 I think he's pissed off that he's got to hide from us. 1761 01:51:06,099 --> 01:51:09,591 I think he wants to say that he made a command decision, and that's the end. 1762 01:51:09,669 --> 01:51:12,604 He eats breakfast 300 yards away... 1763 01:51:12,672 --> 01:51:15,971 from 4,000 Cubans that are trained to kill him. 1764 01:51:16,042 --> 01:51:18,101 No one's gonna tell him how to run his unit. 1765 01:51:18,178 --> 01:51:21,045 Least of all the Harvard mouth in his faggoty white uniform. 1766 01:51:21,114 --> 01:51:23,241 I need to shake him, put him on the defensive... 1767 01:51:23,316 --> 01:51:26,012 and lead him right where he's dying to go. 1768 01:51:26,086 --> 01:51:29,055 - That's it? That's the plan? - That's the plan. 1769 01:51:29,122 --> 01:51:32,319 - How are you gonna do it? - I have no idea. 1770 01:51:32,392 --> 01:51:34,519 - I need my bat. - Your what? 1771 01:51:34,594 --> 01:51:36,858 I think better with my bat. Where's my bat? 1772 01:51:36,930 --> 01:51:40,388 - I put it in the closet. - You put it in the closet? 1773 01:51:40,467 --> 01:51:44,369 - I was tripping on it. - Don't ever put that bat in the closet. 1774 01:51:44,437 --> 01:51:48,237 - He thinks better with his bat? - I can understand that. 1775 01:51:59,686 --> 01:52:02,587 Stay here. I'm going to the office for a while. 1776 01:52:05,125 --> 01:52:07,753 He does think better with that bat. 1777 01:52:30,250 --> 01:52:33,583 Sam, I need you to do something for me. 1778 01:52:36,790 --> 01:52:40,021 - What's going on? - Gotta go out to Andrews. 1779 01:53:03,883 --> 01:53:05,817 - Where's Sam? - He's on his way. 1780 01:53:05,885 --> 01:53:07,819 - Did he get the guys? - Yeah. 1781 01:53:07,887 --> 01:53:10,879 Listen, can I talk to you for a second? 1782 01:53:10,957 --> 01:53:13,187 Oh, yeah, sure. 1783 01:53:23,636 --> 01:53:25,297 How you feeling? 1784 01:53:26,706 --> 01:53:30,267 Well, I think Jessup’s gonna have his hands full today. 1785 01:53:33,012 --> 01:53:34,946 Listen, Danny... 1786 01:53:36,115 --> 01:53:38,549 when you're out there today... 1787 01:53:38,618 --> 01:53:41,781 if you feel like it's not gonna happen... 1788 01:53:41,855 --> 01:53:44,983 if you feel like he's not gonna say it... 1789 01:53:45,058 --> 01:53:46,650 don't go for it. 1790 01:53:48,161 --> 01:53:50,391 You could get in trouble. 1791 01:53:50,463 --> 01:53:52,556 I'm special counsel for Internal Affairs... 1792 01:53:52,632 --> 01:53:55,192 and I'm telling you you could get in a lot of trouble. 1793 01:53:55,268 --> 01:53:57,259 Wait, Lieutenant Commander Galloway... 1794 01:53:57,337 --> 01:54:01,569 you're not suggesting that I back off a material witness? 1795 01:54:01,641 --> 01:54:04,838 If you think you can't get him, yeah. 1796 01:54:07,080 --> 01:54:08,741 All rise. 1797 01:54:13,586 --> 01:54:16,578 - Where's Sam? - He's on his way. 1798 01:54:22,195 --> 01:54:24,789 - Call your first witness. - Where is he? 1799 01:54:24,864 --> 01:54:27,196 - He'll be here. - Lieutenant. 1800 01:54:27,267 --> 01:54:28,928 Call your witness. 1801 01:54:35,608 --> 01:54:38,270 Defense calls Colonel Nathan Jessup. 1802 01:54:55,061 --> 01:54:57,894 Colonel Jessup, would you raise your right hand please, sir? 1803 01:54:57,964 --> 01:55:01,422 Do you solemnly swear that the testimony you will give in this court-martial... 1804 01:55:01,501 --> 01:55:04,937 will be the truth, the whole truth and nothing but the truth? 1805 01:55:05,004 --> 01:55:06,403 Yes, I do. 1806 01:55:06,472 --> 01:55:07,939 Have a seat please, sir. 1807 01:55:09,575 --> 01:55:13,033 Would you state your name, rank and current billet for the record, sir? 1808 01:55:13,112 --> 01:55:16,240 Colonel Nathan R. Jessup, commanding officer... 1809 01:55:16,316 --> 01:55:19,615 Marine Ground Forces, Guantanamo Bay, Cuba. 1810 01:55:19,686 --> 01:55:22,018 - Thank you, sir. - He's not here. 1811 01:55:27,827 --> 01:55:31,388 Colonel, when you learned of Santiago’s letter to the N.I.S... 1812 01:55:31,464 --> 01:55:34,592 you had a meeting with your two senior officers. 1813 01:55:34,667 --> 01:55:36,726 - Is that right? - Yes. 1814 01:55:36,803 --> 01:55:40,398 The platoon commander, Lieutenant Jonathan Kendrick... 1815 01:55:40,473 --> 01:55:44,136 and the executive officer, Lieutenant Colonel Matthew Markinson. 1816 01:55:44,210 --> 01:55:45,734 Yes. 1817 01:55:45,812 --> 01:55:50,306 And at present Colonel Markinson is dead. Is that right? 1818 01:55:50,383 --> 01:55:54,444 Objection. I'd like to know just what the defense counsel is implying. 1819 01:55:54,520 --> 01:55:57,956 I'm implying simply that at present Colonel Markinson is not alive. 1820 01:55:58,024 --> 01:56:01,755 Colonel Jessup doesn't need to appear in court to confirm that information. 1821 01:56:01,828 --> 01:56:04,262 I just wasn't sure the witness was aware that two days ago... 1822 01:56:04,330 --> 01:56:07,128 the colonel took his own life with a.45-caliber pistol. 1823 01:56:07,200 --> 01:56:09,668 The witness is aware, the court is aware... 1824 01:56:09,736 --> 01:56:11,670 and now the court members are aware. 1825 01:56:11,738 --> 01:56:15,299 We thank you for bringing this to our attention. 1826 01:56:15,375 --> 01:56:17,104 Move on, Lieutenant.. 1827 01:56:17,176 --> 01:56:18,939 Yes, sir. 1828 01:56:19,012 --> 01:56:22,641 Colonel, you gave Lieutenant Kendrick an order at this meeting, right? 1829 01:56:22,715 --> 01:56:27,049 I told Kendrick to tell his men that Santiago wasn't to be touched. 1830 01:56:27,120 --> 01:56:30,055 And did you give an order to Colonel Markinson as well? 1831 01:56:30,123 --> 01:56:35,652 I ordered Markinson to have Santiago transferred off the base immediately. 1832 01:56:35,728 --> 01:56:37,525 Why? 1833 01:56:37,597 --> 01:56:41,363 I felt his life might be in danger once word of the letter got out. 1834 01:56:41,434 --> 01:56:42,867 Grave danger? 1835 01:56:42,935 --> 01:56:45,130 Is there another kind? 1836 01:56:48,741 --> 01:56:52,677 Colonel, we have the transfer order that you and Markinson co-signed... 1837 01:56:52,745 --> 01:56:57,375 ordering that Santiago be on a flight leaving Guantanamo at 6:00 the next morning. 1838 01:56:57,450 --> 01:57:02,547 - Was that the first flight? - The 0600 was the first flight. 1839 01:57:06,426 --> 01:57:09,793 You flew up to Washington this morning. Is that right? 1840 01:57:09,862 --> 01:57:13,263 I notice you’re wearing your class "A" dress uniform in court today. 1841 01:57:13,332 --> 01:57:16,529 - As are you, Lieutenant. - Did you wear that on the plane? 1842 01:57:16,602 --> 01:57:19,400 Please the court, is this dialogue relevant to anything- 1843 01:57:19,472 --> 01:57:22,168 Defense didn't have the opportunity to depose this witness. 1844 01:57:22,241 --> 01:57:25,938 - I'd ask for a little latitude. - A very little latitude. 1845 01:57:28,181 --> 01:57:30,206 I wore utilities on the plane. 1846 01:57:30,283 --> 01:57:33,343 - You brought your dress uniform? - Yes. 1847 01:57:33,419 --> 01:57:36,820 - Toothbrush, shaving kit, underwear? - Your Honor! 1848 01:57:36,889 --> 01:57:39,255 Is the colonel's underwear a matter of national security? 1849 01:57:39,325 --> 01:57:42,726 Gentlemen! You better get somewhere fast with this, Lieutenant. 1850 01:57:42,795 --> 01:57:44,854 Yes, sir. Colonel? 1851 01:57:45,965 --> 01:57:49,696 I brought a change of clothes and some personal items. 1852 01:57:49,769 --> 01:57:51,634 Thank you. 1853 01:57:51,704 --> 01:57:55,367 After Dawson and Downey's arrest on the night of the sixth... 1854 01:57:55,441 --> 01:57:59,707 Santiago's barracks were sealed off and its contents inventoried. 1855 01:57:59,779 --> 01:58:03,078 " Four pairs camouflage pants, three long-sleeve khaki shirts... 1856 01:58:03,149 --> 01:58:07,051 three pairs of boots, four pairs green socks, three green T-shirts-" 1857 01:58:07,120 --> 01:58:10,055 Please the court, is there a question anywhere in our future? 1858 01:58:10,123 --> 01:58:13,251 Lieutenant Kaffee, I have to ask you to state your question. 1859 01:58:13,326 --> 01:58:16,124 I'm wondering why Santiago wasn't packed. 1860 01:58:18,197 --> 01:58:21,462 I'll tell you what. We'll get back to that one in a minute. 1861 01:58:22,368 --> 01:58:25,701 This is a record of all phone calls made from your base in the past 24 hours. 1862 01:58:25,771 --> 01:58:29,366 After being subpoenaed to Washington, you made three calls. 1863 01:58:29,442 --> 01:58:31,774 Do you recognize those number, sir? 1864 01:58:31,844 --> 01:58:34,972 I called Colonel Fitzhughes in Quantico, Virginia. 1865 01:58:35,047 --> 01:58:37,845 I wanted to let him know that I would be in town. 1866 01:58:37,917 --> 01:58:41,478 The second call was to arrange a meeting with Congressman Richmond... 1867 01:58:41,554 --> 01:58:43,818 of the House Armed Services Committee. 1868 01:58:43,890 --> 01:58:46,950 And the third call was to my sister Elizabeth. 1869 01:58:47,026 --> 01:58:49,119 Why did you make that call, sir? 1870 01:58:49,195 --> 01:58:52,596 I thought she might like to have dinner tonight. 1871 01:58:52,665 --> 01:58:56,032 - I'm gonna stop this. - These are phone records from Gitmo... 1872 01:58:56,102 --> 01:59:00,334 for September 6, and these are 14 letters... 1873 01:59:00,406 --> 01:59:03,136 that Santiago wrote in nine months... 1874 01:59:03,209 --> 01:59:06,372 requesting- in fact, begging- for a transfer. 1875 01:59:06,445 --> 01:59:09,642 Upon hearing the news that he was finally getting his transfer... 1876 01:59:09,715 --> 01:59:13,674 Santiago was so excited that do you know how many people he called? 1877 01:59:13,753 --> 01:59:16,221 Zero. Nobody. 1878 01:59:16,289 --> 01:59:20,157 Not one call to his parents saying he was coming home. 1879 01:59:20,226 --> 01:59:23,457 Not one call to a friend, saying, "Can you pick me up at the airport?" 1880 01:59:23,529 --> 01:59:27,363 He was asleep in his bed at midnight, and according to you... 1881 01:59:27,433 --> 01:59:29,958 he was getting on a plane in six hours. 1882 01:59:30,036 --> 01:59:33,597 Yet everything he owned was hanging neatly in his closet... 1883 01:59:33,673 --> 01:59:36,301 and folded neatly in his footlocker. 1884 01:59:36,375 --> 01:59:40,141 You were leaving for one day. You packed a bag and made three calls. 1885 01:59:40,213 --> 01:59:44,547 Santiago was leaving for the rest of his life... 1886 01:59:46,319 --> 01:59:49,083 and he hadn't called a soul... 1887 01:59:49,155 --> 01:59:51,817 and he hadn't packed a thing. 1888 01:59:55,061 --> 01:59:56,824 Can you explain that? 1889 01:59:59,332 --> 02:00:01,596 The fact is, there was no transfer order. 1890 02:00:01,667 --> 02:00:04,431 Santiago wasn't going anywhere. Isn't that right, Colonel? 1891 02:00:04,503 --> 02:00:07,961 Objection. Your Honor, it's obvious that Lieutenant Kaffee's intention... 1892 02:00:08,040 --> 02:00:10,372 is the smear a high-ranking Marine officer... 1893 02:00:10,443 --> 02:00:14,106 in the hope that the mere appearance of impropriety will win him points. 1894 02:00:14,180 --> 02:00:18,116 It's my recommendation, sir, that Lieutenant Kaffee be reprimanded... 1895 02:00:18,184 --> 02:00:21,085 and the witness be excused with the court's deepest apologies. 1896 02:00:22,922 --> 02:00:26,016 Overruled. Your objection is noted. 1897 02:00:32,465 --> 02:00:34,296 Is this funny, sir? 1898 02:00:34,367 --> 02:00:37,700 No, it's not. It's tragic. 1899 02:00:37,770 --> 02:00:40,466 - Do you have an answer? - Absolutely. 1900 02:00:40,539 --> 02:00:44,339 My answer is, I don't have the first damn clue. 1901 02:00:44,410 --> 02:00:48,176 Maybe he was an early riser and liked to pack in the morning. 1902 02:00:48,247 --> 02:00:51,080 And maybe he didn't have any friends. 1903 02:00:51,150 --> 02:00:54,642 I'm an educated man, but I'm afraid I can't speak intelligently... 1904 02:00:54,720 --> 02:00:58,383 about the travel habits of William Santiago. 1905 02:00:58,457 --> 02:01:03,485 What I do know is that he was set to leave the base at 0600. 1906 02:01:04,363 --> 02:01:09,460 Now, are these really the questions that I was called here to answer? 1907 02:01:09,535 --> 02:01:11,901 Phone calls and footlockers? 1908 02:01:11,971 --> 02:01:15,668 Please tell me that you have something more, Lieutenant. 1909 02:01:15,741 --> 02:01:19,507 These two Marines are on trial for their lives. 1910 02:01:19,578 --> 02:01:24,015 Please tell me that their lawyer hasn't pinned their hopes to a phone bill. 1911 02:01:26,519 --> 02:01:29,955 Do you have any other questions for me, counselor? 1912 02:01:48,708 --> 02:01:52,235 Lieutenant, do you have anything further for this witness? 1913 02:01:59,752 --> 02:02:02,016 Thanks, Danny. I love Washington. 1914 02:02:02,088 --> 02:02:04,682 Excuse me. I didn't dismiss you. 1915 02:02:05,758 --> 02:02:07,521 I beg your pardon? 1916 02:02:07,593 --> 02:02:12,121 I'm not through with my examination. Sit down. 1917 02:02:13,833 --> 02:02:16,597 - Colonel. - What's that? 1918 02:02:16,669 --> 02:02:19,331 I'd appreciate it if you’d address me as "colonel" or "sir. " 1919 02:02:19,405 --> 02:02:20,997 I believe I've earned it. 1920 02:02:21,073 --> 02:02:25,305 Defense counsel will address the witness as "colonel" or "sir. " 1921 02:02:25,378 --> 02:02:28,347 I don't know what the hell kind of unit you're running here. 1922 02:02:28,414 --> 02:02:32,214 The witness will address this court as "judge" or "your honor. " 1923 02:02:32,284 --> 02:02:37,017 I'm quite certain I've earned it. Take your seat, Colonel. 1924 02:02:41,994 --> 02:02:46,090 What do you want to discuss now? My favorite color? 1925 02:02:47,366 --> 02:02:50,062 Colonel, the 6:00 a. m. flight was the first one off the base? 1926 02:02:50,136 --> 02:02:51,194 Yes. 1927 02:02:51,270 --> 02:02:53,329 There wasn't a flight that left seven hours earlier... 1928 02:02:53,406 --> 02:02:55,738 and landed at Andrews Air Force Base at 2:00 a. m.? 1929 02:02:55,808 --> 02:02:58,777 Lieutenant, I think we've covered this, haven't we? 1930 02:02:59,812 --> 02:03:01,939 Your Honor, these are the tower chief’s logs... 1931 02:03:02,014 --> 02:03:04,847 for both Guantanamo Bay and Andrews Air Force Base. 1932 02:03:04,917 --> 02:03:08,284 The Guantanamo log lists no flight that left at 11:00 p. m. 1933 02:03:08,354 --> 02:03:10,948 The Andrews log lists no flight that landed at 2:00 a. m. 1934 02:03:11,023 --> 02:03:13,617 I'd like to admit them as defense exhibits Alpha and Bravo. 1935 02:03:14,393 --> 02:03:17,920 I don't understand. You're admitting evidence of a flight that never existed. 1936 02:03:17,997 --> 02:03:20,465 We believe it did, sir. 1937 02:03:20,533 --> 02:03:23,832 Defense will be calling Airmen Cecil O'Malley and Anthony Rodriguez. 1938 02:03:23,903 --> 02:03:26,929 They were working the ground crew at Andrews at 2:00 a. m. on the 7th. 1939 02:03:27,006 --> 02:03:29,839 - These men weren't on the list. - Rebuttal witnesses, Your Honor... 1940 02:03:29,909 --> 02:03:34,243 called specifically to refute testimony offered under direct examination. 1941 02:03:34,313 --> 02:03:37,282 - I'll allow the witnesses. - This is ridiculous. 1942 02:03:37,349 --> 02:03:41,752 - Colonel, a moment ago- - Check the tower logs, for Christ's sake! 1943 02:03:42,721 --> 02:03:44,916 We'll get to the airmen in just a minute, sir. 1944 02:03:45,958 --> 02:03:47,892 A moment ago you said that you ordered Lieutenant Kendrick... 1945 02:03:47,960 --> 02:03:51,987 to tell his men that Santiago wasn't to be touched. 1946 02:03:52,064 --> 02:03:53,622 That's right. 1947 02:03:53,699 --> 02:03:56,429 And Lieutenant Kendrick was clear on what you wanted? 1948 02:03:56,502 --> 02:03:58,299 Crystal. 1949 02:03:58,370 --> 02:04:01,498 Any chance Lieutenant Kendrick ignored the order? 1950 02:04:01,574 --> 02:04:03,565 Ignored the order? 1951 02:04:03,642 --> 02:04:06,736 Any chance he forgot about it? 1952 02:04:06,812 --> 02:04:10,942 Any chance Lieutenant Kendrick left your office and said, "The old man is wrong"? 1953 02:04:12,985 --> 02:04:15,249 When Lieutenant Kendrick spoke to the platoon... 1954 02:04:15,321 --> 02:04:18,586 and ordered them not to touch Santiago, any chance they ignored him? 1955 02:04:20,025 --> 02:04:23,017 You ever served in an infantry unit, son? 1956 02:04:23,095 --> 02:04:26,394 - No, sir. - Ever served in a forward area? 1957 02:04:27,733 --> 02:04:30,759 Ever put your life in another man's hands? 1958 02:04:30,836 --> 02:04:33,464 Asked him to put his life in yours? 1959 02:04:34,740 --> 02:04:36,708 We follow orders, son. 1960 02:04:36,775 --> 02:04:39,744 We follow orders, or people die. 1961 02:04:39,812 --> 02:04:42,975 It's that simple. Are we clear? 1962 02:04:43,048 --> 02:04:44,879 Yes, sir. 1963 02:04:44,950 --> 02:04:46,679 Are we clear? 1964 02:04:46,752 --> 02:04:48,686 Crystal. 1965 02:04:50,823 --> 02:04:55,385 I have just one more question before I call Airmen O'Malley and Rodriguez. 1966 02:04:56,729 --> 02:05:00,995 If you gave an order that Santiago wasn't to be touched... 1967 02:05:01,066 --> 02:05:03,591 and your orders are always followed... 1968 02:05:05,571 --> 02:05:08,665 then why would Santiago be in danger? 1969 02:05:10,576 --> 02:05:14,307 Why would it be necessary to transfer him off the base? 1970 02:05:19,919 --> 02:05:23,047 Santiago was a substandard Marine. 1971 02:05:23,122 --> 02:05:25,522 - He was being transferred- - That's not what you said! 1972 02:05:25,591 --> 02:05:29,220 You said he was being transferred because he was in grave danger. 1973 02:05:29,295 --> 02:05:32,230 I said, "Grave danger?" You said, "Is there any other kind?" 1974 02:05:32,298 --> 02:05:34,823 - I recall what I said. - I can have it read back to you. 1975 02:05:34,900 --> 02:05:37,892 I know what I said! I don't have to have it read back to me. 1976 02:05:37,970 --> 02:05:41,565 Then why the two orders? Colonel? 1977 02:05:43,509 --> 02:05:46,205 Sometimes men take matters into their own hands. 1978 02:05:46,278 --> 02:05:49,372 You've made it clear that your men never take matters into their own hands. 1979 02:05:49,448 --> 02:05:51,416 Your men follow orders, or people die. 1980 02:05:51,483 --> 02:05:54,111 So Santiago should have been in danger, should he? 1981 02:05:54,186 --> 02:05:58,054 - You snotty little bastard. - I'd like to ask for a recess. 1982 02:05:58,123 --> 02:06:01,752 - I'd like an answer to the question. - The court will wait for an answer. 1983 02:06:02,595 --> 02:06:04,927 If Lieutenant Kendrick gave an order... 1984 02:06:04,997 --> 02:06:07,966 that Santiago wasn't to be touched... 1985 02:06:08,033 --> 02:06:09,967 then why did he have to be transferred? 1986 02:06:12,871 --> 02:06:17,069 Lieutenant Kendrick ordered the Code Red because that's what you told him to do! 1987 02:06:17,142 --> 02:06:20,134 - Object! - And then you cut these guys loose! 1988 02:06:20,212 --> 02:06:23,773 - I'll hold you in contempt. - You doctored the logbook! 1989 02:06:23,849 --> 02:06:26,716 - Damn it, Kaffee! - Consider yourself in contempt. 1990 02:06:26,785 --> 02:06:29,583 Colonel Jessup, did you order the Code Red? 1991 02:06:29,655 --> 02:06:33,216 - You don't have to answer that. - I'll answer the question. 1992 02:06:33,292 --> 02:06:35,317 - You want answers? - I think I'm entitled! 1993 02:06:35,394 --> 02:06:37,794 - You want answers? - I want the truth! 1994 02:06:37,863 --> 02:06:40,957 You can't handle the truth! 1995 02:06:41,033 --> 02:06:43,024 Son, we live in a world that has walls... 1996 02:06:43,102 --> 02:06:45,730 and those walls have to be guarded by men with guns. 1997 02:06:45,804 --> 02:06:50,173 Who's gonna do it? You? You, Lieutenant Weinberg? 1998 02:06:50,242 --> 02:06:54,235 I have a greater responsibility than you can possibly fathom. 1999 02:06:54,313 --> 02:06:57,771 You weep for Santiago, and you curse the Marines. 2000 02:06:57,850 --> 02:07:01,684 You have the luxury of not knowing what I know- 2001 02:07:01,754 --> 02:07:05,850 that Santiago's death, while tragic, probably saved lives. 2002 02:07:05,924 --> 02:07:11,829 And my existence, while grotesque and incomprehensible to you, saves lives! 2003 02:07:11,897 --> 02:07:16,027 You don't want the truth because deep down you don't talk about... 2004 02:07:16,101 --> 02:07:18,262 you want me on that wall. 2005 02:07:18,337 --> 02:07:21,033 You need me on that wall! 2006 02:07:21,106 --> 02:07:25,770 We use words like honor, code, loyalty. 2007 02:07:25,844 --> 02:07:29,541 We use these words as the backbone of a life spent defending something. 2008 02:07:29,615 --> 02:07:31,606 You use them as a punch line. 2009 02:07:31,684 --> 02:07:35,518 I have neither the time nor the inclination to explain myself... 2010 02:07:35,587 --> 02:07:39,751 to a man who rises and sleeps under the blanket of the freedom I provide... 2011 02:07:39,825 --> 02:07:42,692 and then questions the manner in which I provide it! 2012 02:07:42,761 --> 02:07:46,026 I would rather you just said thank you and went on your way. 2013 02:07:46,098 --> 02:07:49,864 Otherwise, I suggest you pick up a weapon and stand a post. 2014 02:07:49,935 --> 02:07:54,838 Either way, I don't give a damn what you think you are entitled to! 2015 02:07:54,907 --> 02:07:56,568 Did you order the Code Red? 2016 02:07:56,642 --> 02:07:58,576 - I did the job- - Did you order the Code Red? 2017 02:07:58,644 --> 02:08:00,976 You're goddamned right I did! 2018 02:08:12,024 --> 02:08:15,118 Please the court, I suggest the members be dismissed... 2019 02:08:15,194 --> 02:08:18,425 so that we can move to an immediate Article 39-A session. 2020 02:08:18,497 --> 02:08:20,931 The witness has rights. 2021 02:08:20,999 --> 02:08:23,229 Captain Ross? 2022 02:08:34,113 --> 02:08:37,776 The members of the court will retire to an anteroom until further instructed. 2023 02:08:37,850 --> 02:08:39,647 All rise. 2024 02:08:40,886 --> 02:08:44,378 What the hell is this? Colonel, what's going on? 2025 02:08:44,456 --> 02:08:46,981 I did my job. I'd do it again. 2026 02:08:47,059 --> 02:08:50,187 I'm gonna get on a plane and go on back to my base. 2027 02:08:50,262 --> 02:08:53,959 You're not going anywhere, Colonel. M.P.s, guard the colonel. 2028 02:08:54,032 --> 02:08:55,465 Yes, sir. 2029 02:08:57,503 --> 02:09:00,028 - Captain Ross. - What the hell is this? 2030 02:09:00,105 --> 02:09:03,006 Colonel Jessup, you have the right to remain silent. 2031 02:09:03,075 --> 02:09:07,705 I'm being charged with a crime? Is that what this is? 2032 02:09:07,780 --> 02:09:11,113 - I'm being charged with a crime? - You have a right to consult a lawyer. 2033 02:09:11,183 --> 02:09:15,017 - This is funny. That's what this is. - This lawyer may be appointed by you. 2034 02:09:15,087 --> 02:09:18,784 I'm gonna rip the eyes out of your head and piss in your dead skull! 2035 02:09:18,857 --> 02:09:20,791 You fucked with the wrong Marine! 2036 02:09:20,859 --> 02:09:24,260 Colonel Jessup, do you understand these rights as I have just read them? 2037 02:09:30,502 --> 02:09:33,266 You fucking people. 2038 02:09:33,338 --> 02:09:36,102 You have no idea how to defend a nation. 2039 02:09:36,175 --> 02:09:39,611 All you did was weaken a country today, Kaffee. 2040 02:09:39,678 --> 02:09:41,669 That's all you did. 2041 02:09:41,747 --> 02:09:46,844 You put people's lives in danger. Sweet dreams, son. 2042 02:09:46,919 --> 02:09:49,080 Don't call me son. 2043 02:09:49,154 --> 02:09:53,591 I'm a lawyer and an officer in the United States Navy... 2044 02:09:53,659 --> 02:09:56,423 and you're under arrest, you son of a bitch. 2045 02:10:00,732 --> 02:10:02,700 The witness is excused. 2046 02:10:24,823 --> 02:10:25,881 All rise. 2047 02:10:37,402 --> 02:10:39,029 Have the members reached a verdict? 2048 02:10:39,104 --> 02:10:41,038 We have, sir. 2049 02:10:52,851 --> 02:10:56,309 Lance Corporal Dawson and Private First Class Downey. 2050 02:10:59,691 --> 02:11:03,855 On the charge of murder, the members find the accused... 2051 02:11:03,929 --> 02:11:05,863 not guilty. 2052 02:11:06,932 --> 02:11:10,527 On the charge of conspiracy to commit murder... 2053 02:11:10,602 --> 02:11:14,368 the members find the accused not guilty. 2054 02:11:17,175 --> 02:11:21,009 On the charge of conduct unbecoming a United States Marine... 2055 02:11:21,079 --> 02:11:26,881 the members find the accused guilty as charged. 2056 02:11:28,854 --> 02:11:32,017 The accused are hereby sentenced to time already served... 2057 02:11:32,090 --> 02:11:36,959 and you are ordered to be dishonorably discharged from the Marine Corps. 2058 02:11:38,363 --> 02:11:40,456 This court-martial is adjourned. 2059 02:11:40,532 --> 02:11:42,432 All rise. 2060 02:11:58,250 --> 02:12:00,218 What does that mean? 2061 02:12:02,219 --> 02:12:03,219 Hal? 2062 02:12:05,390 --> 02:12:07,324 What did that mean? 2063 02:12:10,629 --> 02:12:14,827 I don't understand. Colonel Jessup said he ordered the Code Red. 2064 02:12:14,900 --> 02:12:18,836 - I know. - What did we do wrong? 2065 02:12:18,904 --> 02:12:22,431 - It's not that simple. - We did nothing wrong! 2066 02:12:22,507 --> 02:12:23,906 Yeah, we did. 2067 02:12:27,045 --> 02:12:30,947 We were supposed to fight for people who couldn't fight for themselves. 2068 02:12:32,084 --> 02:12:34,780 We were supposed to fight for Willie. 2069 02:12:42,561 --> 02:12:45,587 I have to take these men over to personnel for some paperwork. 2070 02:13:03,949 --> 02:13:06,645 You don't need to wear a patch on your arm to have honor. 2071 02:13:13,258 --> 02:13:16,352 There's an officer on deck. 2072 02:13:40,252 --> 02:13:42,516 Airmen Cecil O'Malley and Anthony Rodriguez- 2073 02:13:42,587 --> 02:13:45,420 What exactly were these guys gonna testify to? 2074 02:13:45,490 --> 02:13:47,685 Unless I'm mistaken, they were both gonna testify under oath... 2075 02:13:47,759 --> 02:13:50,751 that they had absolutely no recollection of anything. 2076 02:13:50,829 --> 02:13:54,094 - Strong witnesses. - And handsome too, don’t you think? 2077 02:13:55,667 --> 02:13:58,329 I'll see you around campus. I gotta go arrest Kendrick. 2078 02:13:58,403 --> 02:14:01,031 Tell him I say hi. 2079 02:14:01,106 --> 02:14:02,698 Will do. 180012

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