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1
00:00:30,563 --> 00:00:31,529
Extract him.
2
00:00:31,597 --> 00:00:33,448
Yes, sir.
3
00:00:37,703 --> 00:00:39,471
Son of a...
Spray him.
4
00:00:42,708 --> 00:00:44,209
Come on.
5
00:00:45,445 --> 00:00:47,128
Come on.
6
00:00:47,196 --> 00:00:48,463
Stay still.
7
00:00:55,521 --> 00:00:56,304
Let him go.
8
00:00:56,456 --> 00:00:57,589
He's not secured,
Sergeant.
9
00:00:57,657 --> 00:00:59,691
I said let him go!
10
00:01:00,759 --> 00:01:02,927
He's U.S. Army.
11
00:01:02,995 --> 00:01:04,662
Well, why didn't
he say something?
12
00:01:04,730 --> 00:01:06,114
Get that thing off!
13
00:01:58,884 --> 00:02:00,685
Hey, what time
did he call you?
14
00:02:00,752 --> 00:02:01,952
0500.
15
00:02:02,020 --> 00:02:03,721
Got me out of the shower.
16
00:02:03,789 --> 00:02:05,490
Don't marines ever sleep?
17
00:02:05,558 --> 00:02:07,108
Don't ask me.
18
00:02:08,227 --> 00:02:09,427
You're a bit large, sir.
19
00:02:09,495 --> 00:02:10,662
Then let's forget it.
20
00:02:10,729 --> 00:02:12,197
I can handle it.
21
00:02:12,264 --> 00:02:13,331
Is it too tight, sir?
22
00:02:13,399 --> 00:02:14,566
I don't want to hurt you.
23
00:02:14,633 --> 00:02:17,402
You're not hurting me.
Start pumping.
24
00:02:20,156 --> 00:02:22,957
Enter.
25
00:02:25,795 --> 00:02:27,445
134/90.
26
00:02:27,513 --> 00:02:29,548
Yellow light, sir.
27
00:02:29,615 --> 00:02:31,249
I work out
five days a week.
28
00:02:31,317 --> 00:02:34,319
I'm eating so much fiber
I feel like a bale of hay.
29
00:02:34,387 --> 00:02:36,020
I've never been
healthier.
30
00:02:36,088 --> 00:02:37,355
You might want
to consider biofeedback, sir.
31
00:02:37,423 --> 00:02:39,340
Would you like me
to look into it for you?
32
00:02:39,475 --> 00:02:40,291
No, I would not.
33
00:02:40,443 --> 00:02:41,776
It's no
problem, sir.
34
00:02:41,894 --> 00:02:43,645
No biofeedback.
35
00:02:43,712 --> 00:02:46,431
Have a seat.
36
00:02:48,250 --> 00:02:50,101
Either of you been
to Guantanamo?
37
00:02:50,168 --> 00:02:51,269
No, sir.
38
00:02:51,337 --> 00:02:53,170
I've been to Cuba,
not Guantanamo, sir.
39
00:02:53,239 --> 00:02:55,106
I was there to recover
one of our F-14s.
40
00:02:55,173 --> 00:02:56,608
Were you successful?
41
00:02:56,675 --> 00:02:59,077
In a manner of speaking.
It's a bit of a long story...
42
00:02:59,144 --> 00:03:00,378
You'll tell me
about it someday.
43
00:03:00,463 --> 00:03:02,113
Last night
44
00:03:02,180 --> 00:03:04,465
Army Corporal Gino Hatanian
posed as a detainee
45
00:03:04,533 --> 00:03:07,018
in what was supposed to be
a training exercise
46
00:03:07,086 --> 00:03:07,985
in handling uncooperative
prisoners...
47
00:03:08,053 --> 00:03:09,036
Supposed to be?
48
00:03:09,104 --> 00:03:10,238
The scenario was:
49
00:03:10,306 --> 00:03:11,456
Hatanian had
vital information
50
00:03:11,523 --> 00:03:12,840
needed by the CIA.
51
00:03:12,908 --> 00:03:14,292
He was instructed
52
00:03:14,359 --> 00:03:16,177
to resist being taken
to interrogation.
53
00:03:16,262 --> 00:03:17,979
He resisted...
54
00:03:18,047 --> 00:03:20,948
so well, three MPs
put him in a coma.
55
00:03:21,016 --> 00:03:22,667
A coma?
You're not going to keep
56
00:03:22,735 --> 00:03:24,552
echoing me, are you, Colonel?
57
00:03:24,619 --> 00:03:27,238
Echoing you?
58
00:03:27,306 --> 00:03:28,622
No, sir.
59
00:03:28,691 --> 00:03:30,291
I assume
the MPs didn't know
60
00:03:30,359 --> 00:03:32,043
he was regular army, sir.
61
00:03:32,194 --> 00:03:33,695
Correct. They were
told he was Al-Qaeda.
62
00:03:33,762 --> 00:03:34,896
That's irrelevant.
63
00:03:34,963 --> 00:03:36,030
Brutality is
never acceptable.
64
00:03:36,098 --> 00:03:37,815
We established that
at Abu Ghraib.
65
00:03:37,883 --> 00:03:39,584
Ah, but this is
Guantanamo, Colonel.
66
00:03:39,619 --> 00:03:41,402
The rules of physical
duress are vague
67
00:03:41,470 --> 00:03:43,287
when it comes
to suspected terrorists
68
00:03:43,355 --> 00:03:44,522
and illegal combatants.
69
00:03:44,590 --> 00:03:47,291
The MPs may very well have not
broken any law.
70
00:03:47,426 --> 00:03:49,410
General Spinoza commands
the joint task force
71
00:03:49,478 --> 00:03:50,861
that runs the detention center.
72
00:03:50,929 --> 00:03:52,279
He asked the navy to provide
73
00:03:52,348 --> 00:03:54,549
a trial team for
a court-martial.
74
00:03:54,616 --> 00:03:56,634
Colonel, you'll prosecute.
Commander, you'll defend.
75
00:03:56,719 --> 00:03:58,653
He wants us to prosecute
the MPs?
76
00:03:58,720 --> 00:04:01,256
The army has
its own JAG Corps, sir.
77
00:04:01,323 --> 00:04:03,808
Army JAG feels it'll eliminate
any perception of impropriety
78
00:04:03,876 --> 00:04:05,610
or command influence
if we take it.
79
00:04:05,678 --> 00:04:06,678
I agreed.
80
00:04:06,746 --> 00:04:08,947
Did I make
a wrong decision, Colonel?
81
00:04:09,031 --> 00:04:10,598
No, sir, of course not.
82
00:04:10,665 --> 00:04:11,832
That'll be all.
83
00:04:11,867 --> 00:04:13,934
Uh, who will
preside, sir?
84
00:04:14,002 --> 00:04:15,620
Captain Munsen, Navy.
85
00:04:15,655 --> 00:04:16,971
And the court members, General?
86
00:04:17,039 --> 00:04:19,340
Mixed. If there's
nothing else...?
87
00:04:19,408 --> 00:04:20,224
No, sir.
88
00:04:20,292 --> 00:04:21,609
Thank you, sir.
89
00:04:21,676 --> 00:04:22,310
Colonel?
90
00:04:22,378 --> 00:04:24,061
Sir?
91
00:04:24,129 --> 00:04:27,231
General Spinoza isn't
particularly fond of marines,
92
00:04:27,299 --> 00:04:28,533
but don't worry...
93
00:04:28,634 --> 00:04:30,818
he likes the navy even less.
94
00:04:36,274 --> 00:04:39,293
Here are your TAD orders,
sir, ma'am.
95
00:04:39,361 --> 00:04:41,696
Your flight to Guantanamo
departs from Norfolk
96
00:04:41,764 --> 00:04:43,297
in three hours
and 45 minutes.
97
00:04:43,365 --> 00:04:44,732
We better get going.
98
00:04:44,800 --> 00:04:46,935
Ten minutes ago,
yes, sir.
99
00:04:49,355 --> 00:04:51,473
Hey, Bud.
Oh.
100
00:04:51,540 --> 00:04:53,591
Sorry, sir.
101
00:04:53,658 --> 00:04:56,327
My leg gets a little sore
with the damp weather.
102
00:04:56,395 --> 00:04:58,963
Listen, I got
to cancel lunch today.
103
00:04:59,031 --> 00:05:01,232
I'm on my way to Guantanamo.
104
00:05:01,283 --> 00:05:03,218
Oh, no problem. Uh, you
know, Mikey's coming up.
105
00:05:03,285 --> 00:05:04,518
We'll go out
and get something.
106
00:05:04,586 --> 00:05:06,053
While you're out,
you may want to check into
107
00:05:06,088 --> 00:05:07,788
a new pair of shoes.
108
00:05:09,508 --> 00:05:11,092
109
00:05:11,160 --> 00:05:12,426
push mitigating circumstances.
110
00:05:12,494 --> 00:05:14,862
Oh, and there's a witness
who saw Petty Officer Lyons
111
00:05:14,930 --> 00:05:16,731
running out of the PX
carrying a bag...
112
00:05:16,799 --> 00:05:18,499
Mac... I've got
the files.
113
00:05:18,567 --> 00:05:20,367
I have tried
a case before.
114
00:05:21,570 --> 00:05:22,971
Thanks for covering for me.
115
00:05:23,038 --> 00:05:25,756
You know me, always ready
to help out a fellow officer.
116
00:05:25,824 --> 00:05:27,625
Especially when the
general orders you to.
117
00:05:30,712 --> 00:05:32,280
Mac.
118
00:05:33,616 --> 00:05:36,650
You know, you're heading into
a political minefield here.
119
00:05:36,718 --> 00:05:37,701
You won't be
prosecuting soldiers
120
00:05:37,769 --> 00:05:38,936
for assaulting
another soldier.
121
00:05:39,004 --> 00:05:43,274
You'll be prosecuting MPs
for abusing a detainee,
122
00:05:43,342 --> 00:05:45,576
and the press will be on you
like locusts on wheat.
123
00:05:45,644 --> 00:05:47,412
Remember the context.
124
00:05:47,479 --> 00:05:49,113
I appreciate the
warning, Sturgis,
125
00:05:49,180 --> 00:05:50,815
but you're not
my boss anymore.
126
00:05:50,883 --> 00:05:52,750
I'm not speaking
to you as a boss.
127
00:05:52,885 --> 00:05:56,570
I'll send you a
postcard from Gitmo.
128
00:06:06,414 --> 00:06:07,866
Don't worry, sir.
129
00:06:07,933 --> 00:06:10,869
You couldn't have picked
two more impassioned people.
130
00:06:13,138 --> 00:06:15,807
As legal adversaries.
131
00:06:20,829 --> 00:06:22,296
Oh, they feel good.
132
00:06:22,364 --> 00:06:23,497
I'll take them.
133
00:06:23,565 --> 00:06:25,132
Bud, that's the first pair
you tried on.
134
00:06:25,200 --> 00:06:26,300
I like them.
135
00:06:26,368 --> 00:06:27,801
Do you have
any other brands?
136
00:06:27,870 --> 00:06:29,470
Mm-hmm.
Thanks.
137
00:06:31,207 --> 00:06:33,774
Iraq?
138
00:06:33,842 --> 00:06:35,076
Afghanistan.
139
00:06:35,144 --> 00:06:36,310
Right, right, yeah.
140
00:06:36,378 --> 00:06:37,695
That's where
you guys blew up
141
00:06:37,763 --> 00:06:40,165
$20 tents with million-
dollar missiles, right?
142
00:06:40,266 --> 00:06:43,218
Really had the Taliban
on the run.
143
00:06:43,285 --> 00:06:47,121
The minute we leave,
they're gonna be back.
144
00:06:47,189 --> 00:06:48,523
You know that, right?
145
00:06:48,591 --> 00:06:50,157
You don't even know
what you're talking about.
146
00:06:50,226 --> 00:06:51,693
Mike, let it go.
147
00:06:51,760 --> 00:06:53,361
He's entitled
to his opinion.
148
00:06:53,429 --> 00:06:54,629
You lost part of a leg.
149
00:06:54,697 --> 00:06:57,465
We got kids coming
back in body bags,
150
00:06:57,533 --> 00:06:58,817
two, three limbs blown off.
151
00:06:58,884 --> 00:07:00,151
Is it worth it?
152
00:07:00,152 --> 00:07:01,769
What is your problem?
153
00:07:01,821 --> 00:07:03,921
Other than being tricked into
154
00:07:03,989 --> 00:07:07,391
a bloody, unjust, badly-planned
war we can't win? Nothing.
155
00:07:07,442 --> 00:07:08,576
Hey, we already won
the war, pal.
156
00:07:08,660 --> 00:07:10,778
Why? Because someone declares,
"Mission accomplished"?!
157
00:07:10,829 --> 00:07:13,047
No. Because we dragged a murdering
dictator out of his hole and put
158
00:07:13,115 --> 00:07:15,182
him behind bars. So, let's
get all the dictators, huh?
159
00:07:15,334 --> 00:07:16,984
Let's round 'em up, I mean...
160
00:07:17,086 --> 00:07:18,319
And what are we
gonna gain, Mike?
161
00:07:18,420 --> 00:07:20,088
I mean, what is
this war about,
162
00:07:20,155 --> 00:07:22,373
other than imposing our
will? It's about our freedom.
163
00:07:22,441 --> 00:07:25,309
What freedom would I have lost
if we hadn't invaded Iraq?
164
00:07:25,377 --> 00:07:27,978
The freedom to say anything
you want, no matter how stupid.
165
00:07:28,046 --> 00:07:30,381
You know, if you don't like
what this country does,
166
00:07:30,449 --> 00:07:31,649
why don't you leave it?
167
00:07:31,684 --> 00:07:33,367
No. You leave!
Oh, yeah!
168
00:07:33,435 --> 00:07:36,254
If people like us left, your daughter'd
be wearing a burka in five years.
169
00:07:36,272 --> 00:07:37,805
Oh, that is an absurd,
idiotic statement...
170
00:07:37,873 --> 00:07:39,506
You're the idiot, you
big fat piece of...
171
00:07:39,575 --> 00:07:41,276
That's enough.
... you knuckle-dragging
172
00:07:41,343 --> 00:07:42,843
storm trooper.
Sieg heil!
173
00:07:42,911 --> 00:07:44,595
Oh!
174
00:07:44,613 --> 00:07:45,646
Oh, I'm sorry.
175
00:07:45,714 --> 00:07:47,315
I- I thought you
were going to hit him.
176
00:07:47,383 --> 00:07:49,067
You broke my nose!
177
00:07:49,168 --> 00:07:50,651
Oh, God...!
178
00:07:52,938 --> 00:07:56,641
General Cresswell tells me
you're two of his best lawyers.
179
00:07:56,709 --> 00:07:58,893
Well, that's awfully
kind of the general, sir...
180
00:07:58,961 --> 00:08:01,428
Don't waste my time
with false modesty, Commander.
181
00:08:01,496 --> 00:08:02,429
Are you good or not?
182
00:08:02,497 --> 00:08:03,664
We get the
job done, sir.
183
00:08:03,732 --> 00:08:04,932
Spoken like
a true marine.
184
00:08:05,000 --> 00:08:06,467
Thank you, General.
185
00:08:06,534 --> 00:08:08,686
Will you be defending
all three men, Commander?
186
00:08:08,754 --> 00:08:11,689
Unless someone objects, sir, or
there's a conflict of interest.
187
00:08:11,757 --> 00:08:13,758
No one's pointing the finger
at anyone else,
188
00:08:13,826 --> 00:08:15,159
if that's what you mean.
189
00:08:15,227 --> 00:08:17,328
I'll wait till I
interview the accused, sir,
190
00:08:17,396 --> 00:08:18,930
before I make
my determination.
191
00:08:18,998 --> 00:08:21,933
Hmm, won't take
my word for it. Good.
192
00:08:22,001 --> 00:08:24,969
You'll have full cooperation,
access to records,
193
00:08:25,037 --> 00:08:28,973
facilities, support staff, MPs,
detainees, whatever you need.
194
00:08:28,991 --> 00:08:31,192
I understand there's a videotape
of the incident, General?
195
00:08:31,259 --> 00:08:33,778
There is. Unfortunately,
it's been misplaced.
196
00:08:33,829 --> 00:08:37,397
I'd appreciate a copy as soon
as it's been located, sir.
197
00:08:37,466 --> 00:08:40,601
Absolutely. Captain Schooner
will show you to your offices.
198
00:08:45,290 --> 00:08:47,425
Commander Rabb?
199
00:08:47,560 --> 00:08:50,444
Captain Tam,
Army Trial Defense Service.
200
00:08:50,479 --> 00:08:52,813
I just got in
from Fort Stewart.
201
00:08:52,881 --> 00:08:54,265
Oh, hello, Captain.
202
00:08:54,400 --> 00:08:56,984
So, is that my desk?
203
00:08:58,654 --> 00:09:01,439
They didn't tell you?
204
00:09:01,506 --> 00:09:03,674
Apparently not.
205
00:09:03,692 --> 00:09:05,259
I'll be assisting you, sir.
206
00:09:05,327 --> 00:09:09,447
Captain, I didn't request
assistance from Army JAG.
207
00:09:09,531 --> 00:09:11,265
CINCSOUTH felt
the army should have
208
00:09:11,333 --> 00:09:13,200
some representation
in this rodeo.
209
00:09:13,268 --> 00:09:15,937
You could say I'm kind
of a political appointee.
210
00:09:16,004 --> 00:09:17,204
Look, uh, Captain...
211
00:09:17,272 --> 00:09:20,224
You can refuse my
services, of course, sir.
212
00:09:20,292 --> 00:09:22,192
But I'm a damn good lawyer.
213
00:09:22,261 --> 00:09:23,661
I'm yours for free.
214
00:09:25,080 --> 00:09:26,847
All right.
215
00:09:26,915 --> 00:09:30,318
Well, you should know
that General Spinoza says
216
00:09:30,385 --> 00:09:34,154
the videotape of the incident
has been misplaced...
217
00:09:34,223 --> 00:09:35,356
I'll get on it.
218
00:09:35,424 --> 00:09:36,990
Before we do that,
219
00:09:37,059 --> 00:09:39,727
we're going to start
interviewing our clients.
220
00:09:39,795 --> 00:09:42,630
Firstly, we'll interview
Staff Sergeant Lantana.
221
00:09:42,698 --> 00:09:44,732
He was in charge
of the MP detail.
222
00:09:47,802 --> 00:09:49,720
You must be
the defense team.
223
00:09:49,788 --> 00:09:51,489
That's right.
I'm Brett Orman.
224
00:09:52,741 --> 00:09:55,026
This is Staff
Sergeant Lantana.
225
00:09:55,094 --> 00:09:56,861
He wants to confess.
226
00:10:04,119 --> 00:10:06,153
Sir, I take full responsibility
227
00:10:06,221 --> 00:10:08,573
for what happened
to Corporal Hatanian.
228
00:10:08,640 --> 00:10:09,740
Who are you?
229
00:10:09,808 --> 00:10:12,243
I just told you.
Brett Orman.
230
00:10:12,311 --> 00:10:14,478
I work for Ajax, a
private defense firm.
231
00:10:14,546 --> 00:10:17,164
A civilian contractor.
That's right.
232
00:10:17,232 --> 00:10:18,849
What's your interest
in this case?
233
00:10:18,917 --> 00:10:21,435
I was the one who asked
Staff Sergeant Lantana
234
00:10:21,503 --> 00:10:24,038
to bring the detainees
to the interview room.
235
00:10:24,106 --> 00:10:25,305
Staff Sergeant,
I'm Commander Rabb.
236
00:10:25,373 --> 00:10:26,290
This is Captain Tam.
237
00:10:26,357 --> 00:10:28,626
We're your legal
representation.
238
00:10:28,693 --> 00:10:30,444
You'll not take responsibility
nor will you make
239
00:10:30,512 --> 00:10:32,513
any further statements
without our consultation.
240
00:10:32,581 --> 00:10:33,781
Is that understood?
241
00:10:33,849 --> 00:10:35,616
Yes, sir, but...
242
00:10:35,684 --> 00:10:38,135
I'm willing to plead guilty
if it'll help my men.
243
00:10:38,203 --> 00:10:40,621
Nobody's pleading guilty,
Staff Sergeant.
244
00:10:40,689 --> 00:10:42,690
Now, Mr. Orman,
245
00:10:42,757 --> 00:10:44,608
we'd like to speak
to our client alone.
246
00:10:44,676 --> 00:10:47,044
Guard.
Of course.
247
00:10:48,797 --> 00:10:49,964
As you were,
Staff Sergeant.
248
00:10:50,032 --> 00:10:50,998
Have a seat.
249
00:10:54,552 --> 00:10:55,786
Sorry, sir.
250
00:10:55,854 --> 00:10:58,823
I've never had to deal
with this kind of thing before.
251
00:10:58,890 --> 00:11:00,958
That's all to your credit,
Staff Sergeant.
252
00:11:01,025 --> 00:11:04,078
What you need to understand
is that we're on your side.
253
00:11:04,146 --> 00:11:08,115
Now take a breath and, uh,
tell us what happened.
254
00:11:09,067 --> 00:11:11,702
Okay.
255
00:11:11,770 --> 00:11:16,356
the Internal Reaction Force.
256
00:11:16,424 --> 00:11:19,076
One second, please.
257
00:11:27,352 --> 00:11:30,137
Continue.
258
00:11:30,205 --> 00:11:33,924
Uh... we go in
when a detainee threatens
259
00:11:33,992 --> 00:11:37,779
another detainee or a guard,
or, uh, causes a disturbance.
260
00:11:37,846 --> 00:11:38,863
Are you armed?
261
00:11:38,930 --> 00:11:40,297
Only with pepper
spray, ma'am.
262
00:11:40,365 --> 00:11:41,949
No firearms or stun guns.
263
00:11:42,016 --> 00:11:43,550
Did you know this
particular call
264
00:11:43,618 --> 00:11:44,836
was a training exercise?
265
00:11:44,903 --> 00:11:46,387
No, ma'am, they told us
266
00:11:46,454 --> 00:11:48,155
the detainee
in Cell D-436
267
00:11:48,223 --> 00:11:50,391
was an Al Qaeda terrorist
with vital information.
268
00:11:50,459 --> 00:11:51,925
They?
269
00:11:52,010 --> 00:11:55,112
Intel. They told us to take him
to Mr. Orman for questioning.
270
00:11:55,180 --> 00:11:57,230
They-they warned us
that they had
271
00:11:57,298 --> 00:11:59,517
to pepper-spray him earlier
because he a-assaulted a guard.
272
00:11:59,584 --> 00:12:01,318
What happened
when you got there?
273
00:12:02,637 --> 00:12:04,905
He was hunkered down
under his bunk.
274
00:12:04,973 --> 00:12:07,241
We tried to coax him out.
275
00:12:07,308 --> 00:12:10,911
He resisted, so we got
a little more physical.
276
00:12:10,979 --> 00:12:12,763
You put the guy in the hospital,
Staff Sergeant.
277
00:12:12,831 --> 00:12:14,598
I'd call that
pretty darn physical.
278
00:12:14,666 --> 00:12:16,917
He has a concussion
279
00:12:16,985 --> 00:12:19,336
and damaged trachea.
Brain damage?
280
00:12:19,404 --> 00:12:21,305
We won't know
till he wakes up.
281
00:12:21,373 --> 00:12:22,590
And when will that be?
282
00:12:22,658 --> 00:12:24,925
There's no way of telling,
but if I don't see signs
283
00:12:24,993 --> 00:12:27,528
of improvement soon,
I'm sending him to Walter Reed.
284
00:12:27,596 --> 00:12:30,213
Most of the injuries
are internal.
285
00:12:31,649 --> 00:12:33,584
You get many of
these, Doctor?
286
00:12:33,651 --> 00:12:35,485
The majority
of detainees suffer
287
00:12:35,553 --> 00:12:37,755
from constipation
or sprains
288
00:12:37,823 --> 00:12:39,590
from playing volleyball
and soccer.
289
00:12:39,658 --> 00:12:41,926
But you have had other
types of injuries?
290
00:12:41,994 --> 00:12:43,694
Yes.
Due to beatings?
291
00:12:44,796 --> 00:12:47,398
I've treated patients
for abrasions and bruises.
292
00:12:47,465 --> 00:12:49,000
Due to beatings, Doctor?
293
00:12:49,835 --> 00:12:52,086
Possibly.
294
00:12:53,889 --> 00:12:57,174
Has your IRF team beaten up
any other detainees,
295
00:12:57,242 --> 00:12:59,493
Staff Sergeant? Ma'am, we use
the minimum amount of force
296
00:12:59,560 --> 00:13:00,945
necessary to get
the job done.
297
00:13:01,012 --> 00:13:02,396
You...
Does that include
298
00:13:02,464 --> 00:13:04,698
softening up captives
for interrogation?
299
00:13:05,550 --> 00:13:07,067
Not in so many words.
300
00:13:07,135 --> 00:13:08,935
What does that mean?
301
00:13:09,003 --> 00:13:11,622
Ma'am, you'll have to talk
to Intelligence about that.
302
00:13:13,307 --> 00:13:16,409
You need to be candid with us.
We're here to help you.
303
00:13:16,477 --> 00:13:19,497
With all due respect, ma'am,
you don't sound like it.
304
00:13:26,588 --> 00:13:29,740
I hope you don't mind me talking
while you interrupted.
305
00:13:29,808 --> 00:13:32,743
I apologize if I was a little over
- assertive, Commander.
306
00:13:32,811 --> 00:13:33,911
Being assertive is fine.
307
00:13:33,978 --> 00:13:35,746
Just remember
you're second chair, Captain.
308
00:13:35,814 --> 00:13:38,248
Yes, sir
- I just thought that Colonel MacKenzie will try
309
00:13:38,316 --> 00:13:40,050
to establish a
pattern of behavior
310
00:13:40,118 --> 00:13:41,919
showing that MPs regularly
use coercion and force.
311
00:13:41,987 --> 00:13:44,121
She'll find detainees who
witnessed the incident,
312
00:13:44,189 --> 00:13:45,623
put them on the stand... No, she won't,
313
00:13:45,691 --> 00:13:48,025
because she knows I'll attack
their credibility.
314
00:13:48,093 --> 00:13:51,261
Yes, but...
I'm talking now, Captain.
315
00:13:51,329 --> 00:13:53,030
Please, before you
start worrying
316
00:13:53,098 --> 00:13:54,932
about the prosecution's
strategy,
317
00:13:55,000 --> 00:13:56,500
we need to gain
our client's confidence,
318
00:13:56,568 --> 00:13:58,135
and we're not going
to be able to do that
319
00:13:58,202 --> 00:13:59,103
if you keep
attacking him.
320
00:13:59,254 --> 00:14:00,521
I was playing devil's
advocate, sir.
321
00:14:00,589 --> 00:14:02,223
Well, the devil has
enough advocates.
322
00:14:02,290 --> 00:14:04,191
Start representing
your client.
323
00:14:08,646 --> 00:14:10,614
Sweetie, are you okay?
324
00:14:10,682 --> 00:14:12,399
Oh, I'm good.
How are you?
325
00:14:12,467 --> 00:14:14,067
I'm fine. Do you know that they have
326
00:14:14,135 --> 00:14:15,736
Bible study class
in there now?
327
00:14:15,803 --> 00:14:17,938
Jails have sure
changed since my time.
328
00:14:18,005 --> 00:14:19,172
You didn't have
to come, Dad.
329
00:14:19,241 --> 00:14:20,407
Hey, what am
I going to do,
330
00:14:20,475 --> 00:14:22,225
sit here and watch
you rot in jail?
331
00:14:22,244 --> 00:14:25,095
Besides, I wanted to see
how my new grandsons are doing.
332
00:14:25,163 --> 00:14:25,947
They're fine, Dad.
333
00:14:26,014 --> 00:14:27,698
Dad put up your bail.
334
00:14:27,766 --> 00:14:29,232
I appreciate that.
335
00:14:29,300 --> 00:14:30,567
Sorry to be
trouble, Dad.
336
00:14:30,635 --> 00:14:31,902
Hey, no need
to apologize.
337
00:14:31,970 --> 00:14:34,071
From what I hear, the son
of a bitch had it coming.
338
00:14:34,139 --> 00:14:37,741
Hell, it's about time
I saw you show some grit anyway.
339
00:14:37,809 --> 00:14:40,077
You know, one time
I was on leave
340
00:14:40,145 --> 00:14:41,578
in, uh, Subic Bay.
341
00:14:41,646 --> 00:14:43,580
This cretin tried
to steal my wallet.
342
00:14:43,648 --> 00:14:45,749
I chased him
all the way...
343
00:14:45,817 --> 00:14:48,018
I just got off the phone
with the Fairfax County
344
00:14:48,086 --> 00:14:50,353
Commonwealth
Attorney's Office.
345
00:14:50,421 --> 00:14:53,356
Care to venture a guess
who we talked about?
346
00:14:53,424 --> 00:14:55,025
Me, sir?
347
00:14:55,093 --> 00:14:58,195
You, sir.
348
00:14:58,262 --> 00:15:00,363
He informed me
the Commonwealth of Virginia
349
00:15:00,431 --> 00:15:02,032
is charging you with assault.
350
00:15:02,100 --> 00:15:03,366
So I've heard, sir.
351
00:15:03,434 --> 00:15:05,035
So you've heard?
352
00:15:05,103 --> 00:15:06,570
Were you ever going to tell me?
353
00:15:06,637 --> 00:15:07,404
I didn't want
to burden you
354
00:15:07,472 --> 00:15:09,056
with my personal problems,
General.
355
00:15:09,124 --> 00:15:11,392
A JAG officer
brawling in public
356
00:15:11,460 --> 00:15:14,361
is not a personal
problem, Commander Roberts.
357
00:15:14,429 --> 00:15:16,714
When he's in uniform
under my command,
358
00:15:16,781 --> 00:15:18,549
it's my problem.
359
00:15:20,635 --> 00:15:22,069
Did you know
about this?
360
00:15:22,136 --> 00:15:23,170
No, sir.
361
00:15:26,457 --> 00:15:28,075
Did you attack this civilian?
362
00:15:28,143 --> 00:15:29,426
Yes and no, sir.
363
00:15:29,493 --> 00:15:32,029
Uh, he attacked my brother
with a shoe, and I was trying...
364
00:15:32,097 --> 00:15:34,065
A- a shoe?
365
00:15:34,132 --> 00:15:35,366
Yes, sir,
366
00:15:35,434 --> 00:15:38,702
a wing-tipped Oxford.
367
00:15:38,770 --> 00:15:40,537
Why?
368
00:15:40,605 --> 00:15:41,656
The gentleman had said
369
00:15:41,723 --> 00:15:43,524
some disparaging remarks
about the military.
370
00:15:43,591 --> 00:15:44,525
My brother Mikey's
371
00:15:44,592 --> 00:15:45,759
a midshipman
at the Academy.
372
00:15:45,827 --> 00:15:48,028
He took offense, heated words
were exchanged, and...
373
00:15:48,096 --> 00:15:51,532
So you hit a wingtip-wielding
history teacher
374
00:15:51,600 --> 00:15:53,834
because he insulted the navy?
375
00:15:53,901 --> 00:15:56,053
Well, not just the navy, sir.
The Marine Corps as well.
376
00:15:56,121 --> 00:15:58,289
Are you trying to manipulate me,
Commander?
377
00:15:58,356 --> 00:15:59,389
No, sir.
378
00:16:00,925 --> 00:16:02,893
If you're convicted,
your Naval career is over.
379
00:16:02,960 --> 00:16:04,060
You know that.
380
00:16:04,128 --> 00:16:05,813
I expect to be
acquitted, sir.
381
00:16:07,098 --> 00:16:09,767
You're a member
of the Virginia Bar, Commander.
382
00:16:09,834 --> 00:16:12,870
You'll volunteer
as defense counsel.
383
00:16:12,937 --> 00:16:14,538
Aye, aye, sir.
Make this go away.
384
00:16:14,606 --> 00:16:15,739
Do my best, sir.
385
00:16:15,807 --> 00:16:18,042
After the civilians
are done with you,
386
00:16:18,110 --> 00:16:21,378
Commander Roberts...
it'll be my turn.
387
00:16:22,247 --> 00:16:23,630
That'll be all,
gentlemen.
388
00:16:23,698 --> 00:16:25,116
Dismissed.
389
00:16:25,183 --> 00:16:26,700
Aye, aye, sir.
Aye, aye, sir.
390
00:16:28,002 --> 00:16:29,403
Specialist Scanlon,
anything you say
391
00:16:29,471 --> 00:16:32,406
in this room is protected by lawyer
- client privilege.
392
00:16:32,474 --> 00:16:33,707
Was Corporal
Hatanian violent
393
00:16:33,775 --> 00:16:35,492
or otherwise threatening?
394
00:16:35,560 --> 00:16:36,643
Yes, sir.
395
00:16:36,711 --> 00:16:37,227
How?
396
00:16:39,780 --> 00:16:41,565
Sorry.
397
00:16:41,633 --> 00:16:43,199
Did he attack you?
398
00:16:43,267 --> 00:16:45,085
He kicked me in the chest.
399
00:16:45,153 --> 00:16:47,854
If we hadn't taken him down,
he might've hurt somebody.
400
00:16:47,922 --> 00:16:50,691
Look, now I know the guy
was acting and all,
401
00:16:50,758 --> 00:16:52,826
but at the time,
we thought it was real.
402
00:16:52,894 --> 00:16:54,561
Is this how you would
normally treat a prisoner?
403
00:16:55,580 --> 00:16:57,030
We use force to subdue
404
00:16:57,098 --> 00:16:59,400
violent and recalcitrant
prisoners- yes, sir.
405
00:17:02,770 --> 00:17:04,855
You thought the prisoner
was a terrorist
406
00:17:04,923 --> 00:17:06,356
with vital information.
407
00:17:06,424 --> 00:17:08,492
Were you ordered
to soften him up?
408
00:17:11,096 --> 00:17:12,529
Well, sometimes,
we're encouraged
409
00:17:12,597 --> 00:17:15,165
to "fear up"
certain high-value prisoners.
410
00:17:15,233 --> 00:17:17,534
By whom, your officers?
411
00:17:17,602 --> 00:17:19,887
No, sir, by the OGA,
412
00:17:19,955 --> 00:17:22,856
or I should say, the civilian
contractors who work for 'em.
413
00:17:29,130 --> 00:17:30,564
General.
414
00:17:30,632 --> 00:17:32,900
Colonel MacKenzie.
415
00:17:32,967 --> 00:17:34,067
How goes the battle?
416
00:17:34,135 --> 00:17:35,736
Well, let's
see, General.
417
00:17:35,804 --> 00:17:37,571
My key witness
is in a coma,
418
00:17:37,639 --> 00:17:39,406
and a vital piece of
evidence is missing,
419
00:17:39,474 --> 00:17:41,374
but aside from that,
I'm in great shape.
420
00:17:41,443 --> 00:17:42,576
Glad to hear it.
421
00:17:42,644 --> 00:17:44,611
Speaking of that, any
word on the tape, sir?
422
00:17:44,679 --> 00:17:46,163
I'm certain it'll turn up.
423
00:17:46,231 --> 00:17:49,166
Seems a lucky coincidence for
your men that it's missing, sir.
424
00:17:49,234 --> 00:17:51,335
Well, subtlety isn't high
on your list
425
00:17:51,403 --> 00:17:53,003
of accomplishments,
is it, Colonel?
426
00:17:53,071 --> 00:17:54,738
No, sir, but tenacity is.
427
00:17:54,805 --> 00:17:56,540
You'll have the tape
when we find it.
428
00:17:56,608 --> 00:17:58,675
If it hasn't been
destroyed, sir.
429
00:17:58,743 --> 00:18:02,496
don't make
accusations you can't back up.
430
00:18:02,563 --> 00:18:04,331
When I'm ready to make
an accusation, General,
431
00:18:04,399 --> 00:18:05,365
I'll back it up.
432
00:18:06,351 --> 00:18:08,702
Excuse me. My chow's
getting cold.
433
00:18:08,770 --> 00:18:10,303
Roast lamb today.
434
00:18:10,371 --> 00:18:12,722
Enjoy your lamb, General.
435
00:18:20,598 --> 00:18:23,200
We're either the first line
of defense against terrorism
436
00:18:23,267 --> 00:18:25,035
or a symbol
of Washington's willingness
437
00:18:25,103 --> 00:18:27,370
to defy international law.
438
00:18:27,438 --> 00:18:29,372
Depends on who you talk to.
439
00:18:29,440 --> 00:18:32,526
We observe Islamic
dietary laws.
440
00:18:32,593 --> 00:18:34,378
We provide a Koran,
prayer beads,
441
00:18:34,446 --> 00:18:36,947
prayer rug, and an arrow
442
00:18:37,014 --> 00:18:39,783
painted on the floor
pointing toward Mecca.
443
00:18:39,851 --> 00:18:41,552
If they cooperate.
Correct.
444
00:18:41,620 --> 00:18:43,387
Cooperation earns
privileges.
445
00:18:43,455 --> 00:18:46,657
Lack of cooperation,
we take away privileges.
446
00:18:46,675 --> 00:18:48,008
Keep in mind, Commander:
447
00:18:48,075 --> 00:18:51,178
these people are not soldiers
of any country.
448
00:18:51,246 --> 00:18:53,347
They're illegal combatants
not entitled
449
00:18:53,414 --> 00:18:54,848
to prisoner of war status
450
00:18:54,915 --> 00:18:56,666
and not protected
by the Geneva Conventions,
451
00:18:56,735 --> 00:19:00,470
and we do everything in our
power to treat them humanely.
452
00:19:00,522 --> 00:19:02,022
I that what they're
yelling about?
453
00:19:02,089 --> 00:19:04,024
Thanks for the
humane treatment?
454
00:19:04,091 --> 00:19:06,193
They're demanding lawyers
to plead their cases
455
00:19:06,260 --> 00:19:09,045
now that the Supreme Court ruled
they have the right.
456
00:19:09,113 --> 00:19:11,381
And will they get
the opportunity?
457
00:19:11,449 --> 00:19:13,500
They'll get a fair hearing.
458
00:19:15,086 --> 00:19:18,022
What did you do before
you worked with the Agency?
459
00:19:18,089 --> 00:19:21,591
I don't work for the CIA.
Like I said, I work for Ajax.
460
00:19:21,659 --> 00:19:24,310
Well, Ajax is contracted
by the CIA.
461
00:19:26,764 --> 00:19:29,233
I was with the Army
Special Forces.
462
00:19:29,301 --> 00:19:30,217
Is that where you learned
463
00:19:30,284 --> 00:19:31,484
your interrogation
techniques?
464
00:19:31,552 --> 00:19:32,552
Some.
465
00:19:32,620 --> 00:19:34,537
Some I picked up on the job.
466
00:19:34,606 --> 00:19:36,673
Like having the MPs
soften up the prisoners
467
00:19:36,741 --> 00:19:37,975
before you question them?
468
00:19:38,042 --> 00:19:40,394
I don't micromanage
the guards, Commander.
469
00:19:40,461 --> 00:19:42,295
They do what they do.
470
00:19:42,363 --> 00:19:44,481
Without any
guidance from you?
471
00:19:44,548 --> 00:19:46,066
I understand you have
to defend
472
00:19:46,133 --> 00:19:48,034
Staff Sergeant Lantana
and his men.
473
00:19:48,102 --> 00:19:49,302
I'd like to help you,
474
00:19:49,371 --> 00:19:52,639
but I never ordered anyone
to beat a prisoner senseless.
475
00:19:52,707 --> 00:19:53,824
Commander Rabb.
476
00:19:56,144 --> 00:19:57,945
Excuse me.
477
00:20:02,217 --> 00:20:05,285
Corporal Hatanian's awake.
478
00:20:05,352 --> 00:20:08,238
Only a couple of minutes,
Commander, no more.
479
00:20:11,642 --> 00:20:13,076
How you feeling,
Corporal?
480
00:20:13,144 --> 00:20:15,512
A little woozy, sir.
481
00:20:15,579 --> 00:20:16,764
Well, we won't
keep you long.
482
00:20:16,831 --> 00:20:19,232
I'm Commander Rabb.
This is Captain Tam.
483
00:20:19,300 --> 00:20:22,435
You remember what
happened to you, Corporal?
484
00:20:22,503 --> 00:20:24,437
Three MPs came.
485
00:20:24,505 --> 00:20:27,941
They dragged me out...
choked me.
486
00:20:28,009 --> 00:20:32,079
I hit my head,
and that's all I remember, sir.
487
00:20:32,147 --> 00:20:33,880
Did you recognize
any of them?
488
00:20:33,948 --> 00:20:37,117
No, sir.
I'm with Army CID.
489
00:20:37,184 --> 00:20:39,586
Could you identify them
if you saw them again?
490
00:20:39,654 --> 00:20:40,654
I could, ma'am,
491
00:20:40,722 --> 00:20:42,539
but I won't.
492
00:20:43,557 --> 00:20:44,941
Excuse me?
493
00:20:45,009 --> 00:20:46,727
I won't I.D. them, Colonel,
494
00:20:46,795 --> 00:20:49,563
and I won't testify
against them.
495
00:20:57,422 --> 00:20:59,556
The MPs almost killed you,
Corporal.
496
00:20:59,624 --> 00:21:01,374
You-you have a concussion,
a crushed windpipe...
497
00:21:01,442 --> 00:21:02,860
It was a training
exercise, ma'am.
498
00:21:02,927 --> 00:21:04,728
They didn't know
that I was one of them.
499
00:21:04,796 --> 00:21:05,813
That's beside the point.
500
00:21:05,880 --> 00:21:07,147
If you were a real prisoner,
501
00:21:07,215 --> 00:21:08,916
beating you up
would still be wrong.
502
00:21:08,983 --> 00:21:10,200
If the beating was intentional.
503
00:21:10,267 --> 00:21:11,702
You haven't proven it is.
504
00:21:12,570 --> 00:21:14,287
Yet.
505
00:21:15,522 --> 00:21:17,273
Listen, if they did this to you,
506
00:21:17,341 --> 00:21:19,476
they'll do it to other
defenseless prisoners.
507
00:21:19,544 --> 00:21:20,610
I don't care, ma'am.
508
00:21:21,612 --> 00:21:22,996
Corporal?
509
00:21:24,732 --> 00:21:28,168
These "defenseless prisoners"
are killers, Colonel.
510
00:21:28,235 --> 00:21:30,737
They'd cut our throats
in a minute if they could.
511
00:21:30,805 --> 00:21:32,923
That doesn't make it right
for us to abuse them.
512
00:21:32,991 --> 00:21:34,824
So we make them
stand there naked,
513
00:21:34,892 --> 00:21:37,227
wear ladies' underwear.
So what?
514
00:21:37,295 --> 00:21:40,413
They traveled hundreds,
thousands of miles
515
00:21:40,481 --> 00:21:41,949
to kill Americans.
516
00:21:42,016 --> 00:21:44,785
You can't believe
how much they hate us.
517
00:21:44,853 --> 00:21:46,620
Think of 9/11.
518
00:21:46,687 --> 00:21:48,889
Those are the guys, ma'am.
519
00:21:48,957 --> 00:21:50,157
Not all of them.
520
00:21:50,224 --> 00:21:53,126
That's why we're here, ma'am...
521
00:21:53,194 --> 00:21:55,162
to find out which ones.
522
00:21:55,229 --> 00:21:56,163
I can have
you ordered
523
00:21:56,230 --> 00:21:58,799
to appear, force you to testify.
524
00:21:58,866 --> 00:22:00,500
I'm sorry, Colonel.
525
00:22:00,568 --> 00:22:05,138
My memory's not so good.
526
00:22:05,206 --> 00:22:07,207
Must be my concussion.
527
00:22:07,976 --> 00:22:09,426
Do you condone this?
528
00:22:09,494 --> 00:22:13,480
Corporal... I know you want
to protect these guys.
529
00:22:13,548 --> 00:22:15,148
Believe me,
I want to help them, too.
530
00:22:15,215 --> 00:22:16,650
They're my clients.
531
00:22:16,717 --> 00:22:18,652
But you need to tell the truth.
532
00:22:18,719 --> 00:22:20,320
Let a jury decide.
533
00:22:20,387 --> 00:22:23,824
Sorry, Commander.
My head really hurts.
534
00:22:23,891 --> 00:22:26,827
I have no idea
what you're talking about.
535
00:22:26,894 --> 00:22:30,297
We were talking about Iraq,
Afghanistan, the war.
536
00:22:30,364 --> 00:22:32,716
I thought we were having
an adult conversation.
537
00:22:32,784 --> 00:22:35,068
Then suddenly they became
abusive, and pow!
538
00:22:35,136 --> 00:22:37,471
He broke my nose.
539
00:22:37,539 --> 00:22:38,956
You're a history teacher?
540
00:22:39,023 --> 00:22:41,858
Correct. I teach at Emerson
High School, in Seven Corners.
541
00:22:41,926 --> 00:22:46,129
So you're used to discussing
war, history, world events?
542
00:22:46,197 --> 00:22:48,198
Sure. I get passionate
sometimes,
543
00:22:48,266 --> 00:22:49,832
but I don't hit people.
544
00:22:49,900 --> 00:22:52,585
He resorted to violence
because he had no words.
545
00:22:52,653 --> 00:22:54,204
That's typical of the
military mentality.
546
00:22:54,272 --> 00:22:56,756
That's how we got in the Iraqi
mess in the first place.
547
00:22:56,824 --> 00:22:57,741
Objection.
548
00:22:57,892 --> 00:22:59,126
Witness is sermonizing.
549
00:22:59,194 --> 00:23:01,011
Overruled.
550
00:23:02,913 --> 00:23:04,448
Pay attention, lady.
551
00:23:07,285 --> 00:23:09,319
Staff Sergeant Efren Lantana,
552
00:23:09,387 --> 00:23:10,687
Specialist Ray Scanlon,
553
00:23:10,755 --> 00:23:13,023
Private First Class
Nathaniel Courier,
554
00:23:13,091 --> 00:23:16,059
you are charged with violation
of UCMJ Articles 128,
555
00:23:16,127 --> 00:23:19,362
assault,
556
00:23:19,430 --> 00:23:22,850
maltreatment, and dereliction
of duty for willfully failing
557
00:23:22,917 --> 00:23:26,086
to protect a prisoner from abuse
and maltreatment.
558
00:23:26,154 --> 00:23:27,770
How do you plead?
559
00:23:27,838 --> 00:23:30,824
Not guilty.
560
00:23:30,892 --> 00:23:32,342
Not guilty, sir.
561
00:23:32,409 --> 00:23:36,179
Corporal Hatanian suffered
a severe impact to the skull,
562
00:23:36,247 --> 00:23:39,216
causing a temporary alteration
in neurological function.
563
00:23:39,283 --> 00:23:40,850
In other words, a concussion.
564
00:23:40,918 --> 00:23:41,918
Yes.
565
00:23:41,986 --> 00:23:43,553
Luckily, there was
no brain damage.
566
00:23:43,621 --> 00:23:45,122
At least none
that I could detect.
567
00:23:45,189 --> 00:23:46,889
What other injuries
did he sustain?
568
00:23:46,957 --> 00:23:50,293
His windpipe is inflamed
from pressure around his throat.
569
00:23:50,361 --> 00:23:52,963
What caused these
injuries, Doctor?
570
00:23:53,030 --> 00:23:55,332
The man was
beaten and choked.
571
00:23:55,399 --> 00:23:57,717
How many similar cases
have you treated?
572
00:23:57,785 --> 00:24:00,537
Objection. The accused are not on
trial for other alleged beatings.
573
00:24:00,605 --> 00:24:02,939
Your Honor, I intend to
establish a pattern of behavior
574
00:24:03,007 --> 00:24:04,541
proving the culture
at Camp Delta
575
00:24:04,609 --> 00:24:05,759
accepts, even
encourages,
576
00:24:05,826 --> 00:24:07,427
prisoner abuse
for the purpose
577
00:24:07,494 --> 00:24:08,745
of eliciting information.
578
00:24:08,813 --> 00:24:11,364
Counsel is on a fishing
expedition, Your Honor.
579
00:24:11,432 --> 00:24:14,333
This is a court-martial,
not a Senate investigation.
580
00:24:14,401 --> 00:24:16,353
So you admit a Senate
investigation is appropriate.
581
00:24:16,420 --> 00:24:17,654
Colonel MacKenzie...
582
00:24:17,722 --> 00:24:19,156
Your Honor, I'm trying
to bring everything out
583
00:24:19,224 --> 00:24:21,141
into the open.
After Abu Ghraib, the military
584
00:24:21,208 --> 00:24:22,976
can't afford the
appearance of a cover-up.
585
00:24:23,043 --> 00:24:25,579
That reference is inflammatory
and gratuitous, Colonel.
586
00:24:25,647 --> 00:24:28,165
Tactics like that won't cook
in my courtroom.
587
00:24:28,232 --> 00:24:29,832
I apologize, Your Honor.
588
00:24:29,900 --> 00:24:32,101
Commander, I'm going to overrule
your objection
589
00:24:32,169 --> 00:24:33,970
because I want
to hear the answer.
590
00:24:34,038 --> 00:24:36,773
Not because I'm afraid
of being accused of a cover-up.
591
00:24:38,243 --> 00:24:40,927
Major, how many similar
cases have you treated?
592
00:24:40,995 --> 00:24:42,379
Less than a dozen, sir.
593
00:24:42,447 --> 00:24:43,680
None this severe.
594
00:24:43,748 --> 00:24:46,216
That answer your question,
Colonel?
595
00:24:46,283 --> 00:24:47,501
Yes, sir.
Thank you.
596
00:24:47,568 --> 00:24:49,953
No further questions.
597
00:24:50,054 --> 00:24:52,422
Doctor, could Corporal
Hatanian's injuries
598
00:24:52,489 --> 00:24:55,692
have resulted from a struggle,
rather than a beating?
599
00:24:55,760 --> 00:24:56,859
How so?
600
00:24:56,927 --> 00:24:58,044
Well, for instance,
his concussion
601
00:24:58,112 --> 00:24:59,279
could have been the result
602
00:24:59,346 --> 00:25:01,547
of accidentally hitting his head
on the metal bunk
603
00:25:01,615 --> 00:25:03,667
when the M.P.s dragged him
out from under it.
604
00:25:03,734 --> 00:25:04,618
It could have.
605
00:25:04,685 --> 00:25:06,803
And the compression
of his trachea
606
00:25:06,871 --> 00:25:08,738
could have resulted
in any number of ways
607
00:25:08,806 --> 00:25:10,140
as he violently resisted.
608
00:25:10,208 --> 00:25:12,459
I wasn't there,
but it's possible.
609
00:25:12,527 --> 00:25:14,444
Thank you, Doctor.
No further questions.
610
00:25:14,512 --> 00:25:17,180
Doctor, could the bruises around
the Corporal's throat be caused
611
00:25:17,248 --> 00:25:19,716
by "accidentally" sticking
his neck into a pair of hands
612
00:25:19,784 --> 00:25:21,417
and choking himself?
613
00:25:21,485 --> 00:25:22,752
I withdraw the question.
614
00:25:22,820 --> 00:25:27,524
Mr. Flanzer, you stated you were
having an adult conversation,
615
00:25:27,591 --> 00:25:29,793
and then "pow," Commander
Roberts broke your nose.
616
00:25:29,860 --> 00:25:30,928
That's right.
617
00:25:30,995 --> 00:25:32,829
Well, did your part
of this conversation
618
00:25:32,897 --> 00:25:34,064
include such phrases as,
619
00:25:34,132 --> 00:25:36,716
"knuckle-dragging storm
troopers"?
620
00:25:36,784 --> 00:25:38,284
I didn't mean that literally.
621
00:25:38,352 --> 00:25:39,236
Is that what you call
your students
622
00:25:39,303 --> 00:25:40,570
when they disagree with you
in class?
623
00:25:40,638 --> 00:25:42,372
Objection.
Sustained.
624
00:25:42,439 --> 00:25:44,958
And when you raised your arm
in a threatening manner
625
00:25:45,026 --> 00:25:46,476
and shouted, "Sieg Heil,"
626
00:25:46,543 --> 00:25:48,228
did you mean that literally?
627
00:25:48,296 --> 00:25:48,979
Of course not.
628
00:25:49,046 --> 00:25:50,330
Just a part of your
629
00:25:50,398 --> 00:25:52,015
"adult conversation"?
Objection.
630
00:25:52,083 --> 00:25:53,299
Sustained.
631
00:25:53,418 --> 00:25:55,918
Did you threaten the defendant's
brother with a shoe?
632
00:25:55,986 --> 00:25:56,620
That's ludicrous.
633
00:25:56,687 --> 00:25:58,538
I might've picked up a shoe,
634
00:25:58,605 --> 00:26:00,223
but we were in a shoe store,
for God's sake.
635
00:26:00,291 --> 00:26:02,442
I certainly didn't threaten
anyone with it.
636
00:26:02,510 --> 00:26:05,845
You didn't raise it
as if to strike someone?
637
00:26:05,913 --> 00:26:07,680
Objection.
Asked and answered.
638
00:26:07,748 --> 00:26:09,165
Sustained.
639
00:26:09,233 --> 00:26:10,934
Put your shoe back on,
Counselor.
640
00:26:11,002 --> 00:26:14,154
Isn't it possible
that Commander Roberts thought
641
00:26:14,222 --> 00:26:16,089
you were going to hit
his brother?
642
00:26:16,157 --> 00:26:17,223
I don't know.
643
00:26:17,291 --> 00:26:19,208
Maybe.
And his hitting me was what,
644
00:26:19,277 --> 00:26:20,443
a preemptive strike?
645
00:26:20,511 --> 00:26:23,045
We know how much the military
loves those.
646
00:26:23,113 --> 00:26:24,380
Your Honor...
647
00:26:24,448 --> 00:26:26,015
Just answer
the questions, Mr. Flanzer.
648
00:26:26,083 --> 00:26:27,350
Yes, ma'am.
649
00:26:27,402 --> 00:26:29,752
Are you aware that
Commander Roberts lost his leg
650
00:26:29,871 --> 00:26:31,637
while on a humanitarian mission
651
00:26:31,705 --> 00:26:32,989
in Afghanistan,
652
00:26:33,057 --> 00:26:35,291
saving a young boy
from a minefield?
653
00:26:35,359 --> 00:26:36,909
Objection. Irrelevant.
654
00:26:36,977 --> 00:26:38,227
Sustained.
655
00:26:38,295 --> 00:26:40,129
Exception.
656
00:26:40,197 --> 00:26:42,999
Noted.
Any further questions?
657
00:26:45,253 --> 00:26:46,886
No, ma'am.
I'm done with this witness.
658
00:26:46,954 --> 00:26:50,323
This court is recessed
until 9:00 a. m. tomorrow.
659
00:26:51,559 --> 00:26:53,260
You nailed him.
660
00:26:53,327 --> 00:26:55,061
With this judge,
I don't know.
661
00:26:55,129 --> 00:26:57,814
Mr. Rasuli, how long
were you incarcerated
662
00:26:57,882 --> 00:26:58,998
at Guantanamo?
663
00:26:59,066 --> 00:27:00,366
20 months.
664
00:27:00,434 --> 00:27:01,868
Why were you
released?
665
00:27:01,936 --> 00:27:04,104
I was no longer
"dangerous. "
666
00:27:04,171 --> 00:27:07,524
Would you, uh, describe
your experience here?
667
00:27:07,591 --> 00:27:10,777
Horrible.
A nightmare.
668
00:27:10,845 --> 00:27:12,078
They pepper-sprayed me,
669
00:27:12,146 --> 00:27:13,396
they pinned me down,
670
00:27:13,463 --> 00:27:15,799
they poked their
fingers in my eyes.
671
00:27:15,866 --> 00:27:18,367
They forced my head
into the toilet,
672
00:27:18,435 --> 00:27:21,704
and they promised to send me
to an Arab country for torture.
673
00:27:21,772 --> 00:27:23,206
Were you beaten, as well?
674
00:27:23,274 --> 00:27:26,910
Once. They tied me up, and they
punched and they kicked me,
675
00:27:26,978 --> 00:27:29,079
then they dragged me
out of my cell
676
00:27:29,146 --> 00:27:30,947
and into the recreation yard,
677
00:27:31,015 --> 00:27:34,217
where they just left me
to lie in the sun all day.
678
00:27:34,285 --> 00:27:37,336
Thank you.
No further questions.
679
00:27:41,608 --> 00:27:42,792
Where were you raised?
680
00:27:42,860 --> 00:27:44,327
England.
681
00:27:44,345 --> 00:27:46,980
My parents came there from
Jordan when I was very young.
682
00:27:47,047 --> 00:27:49,816
And you were educated
in English schools?
683
00:27:49,883 --> 00:27:51,067
Yes.
684
00:27:51,135 --> 00:27:53,736
A British subject
with Jordanian parents.
685
00:27:53,804 --> 00:27:55,404
Why were you in Afghanistan?
686
00:27:55,472 --> 00:27:57,140
I was visiting friends.
687
00:27:57,208 --> 00:27:58,358
Friends in the Taliban?
688
00:27:58,425 --> 00:28:00,726
Objection. Mr. Rasuli
is not on trial here.
689
00:28:00,794 --> 00:28:02,795
Counsel's reference
to the Taliban
690
00:28:02,863 --> 00:28:04,480
is immaterial
and prejudicial.
691
00:28:04,548 --> 00:28:06,316
Sustained.
Move on, Captain.
692
00:28:08,419 --> 00:28:10,553
When were you released,
Mr. Rasuli?
693
00:28:10,621 --> 00:28:11,337
About nine months ago.
694
00:28:11,405 --> 00:28:12,422
Why'd it take
you so long
695
00:28:12,490 --> 00:28:14,591
to come forward
with these allegations?
696
00:28:14,658 --> 00:28:17,260
I was too traumatized
to speak up until now.
697
00:28:17,328 --> 00:28:19,395
Because you were beaten
every day?
698
00:28:19,463 --> 00:28:20,730
It was not every day.
699
00:28:20,798 --> 00:28:22,515
It was once, as I said.
700
00:28:22,583 --> 00:28:24,767
One time.
701
00:28:24,835 --> 00:28:26,469
Out of 20 months.
702
00:28:26,536 --> 00:28:28,154
Were you fed three meals a day
703
00:28:28,222 --> 00:28:30,223
according to Muslim
dietary laws?
704
00:28:30,291 --> 00:28:30,990
Yes.
705
00:28:31,058 --> 00:28:33,243
Did you receive medical care,
706
00:28:33,310 --> 00:28:34,510
clothing, shoes,
707
00:28:34,578 --> 00:28:36,946
showers, toiletries,
708
00:28:37,014 --> 00:28:39,849
the opportunity to worship,
the means to send mail?
709
00:28:39,917 --> 00:28:42,786
Yes, but I was still a prisoner
in a cage.
710
00:28:42,853 --> 00:28:45,472
Please look at the three men
at the defense table.
711
00:28:47,191 --> 00:28:48,558
Can you identify any of them
712
00:28:48,626 --> 00:28:50,893
as the ones who allegedly
mistreated you?
713
00:28:53,364 --> 00:28:56,449
They all look alike to me.
714
00:28:56,517 --> 00:28:58,351
Thank you.
715
00:28:59,903 --> 00:29:01,304
I have a question,
Mr. Rasuli.
716
00:29:01,371 --> 00:29:03,723
Did you file a lawsuit
in the British courts
717
00:29:03,790 --> 00:29:06,542
seeking $10 million
compensation
718
00:29:06,610 --> 00:29:07,560
from the U.S. government
719
00:29:07,628 --> 00:29:09,396
for your detention here
in Guantanamo?
720
00:29:09,463 --> 00:29:13,166
Yes. They should pay me for my
mental anguish and my lost time.
721
00:29:13,234 --> 00:29:14,550
So you have a personal interest
722
00:29:14,619 --> 00:29:17,353
in establishing that detainees
are mistreated here.
723
00:29:17,421 --> 00:29:18,704
I'm telling the truth.
724
00:29:18,772 --> 00:29:20,573
Well, the problem is,
725
00:29:20,640 --> 00:29:22,125
that judge doesn't
like you too much.
726
00:29:22,193 --> 00:29:23,426
Oh, you think?
727
00:29:23,494 --> 00:29:25,928
I think she and that DA
are getting it on.
728
00:29:25,996 --> 00:29:27,179
Oh, Dad, please.
I just ate.
729
00:29:27,247 --> 00:29:29,148
Say, are you sure Turner's the right guy
730
00:29:29,216 --> 00:29:30,517
for this job?
Where's Rabb?
731
00:29:30,584 --> 00:29:31,717
In Guantanamo, and, yes,
732
00:29:31,785 --> 00:29:33,887
Commander Turner
is an excellent attorney.
733
00:29:33,921 --> 00:29:35,455
I have complete
faith in him.
734
00:29:35,523 --> 00:29:37,223
Well, I'll still
feel a lot better
735
00:29:37,291 --> 00:29:39,342
when you're on the stand
tomorrow, son.
736
00:29:39,409 --> 00:29:40,643
I just hope
I can help.
737
00:29:40,711 --> 00:29:41,644
Sure you can.
738
00:29:41,712 --> 00:29:43,780
Just don't slant it too much.
739
00:29:43,848 --> 00:29:44,915
Slant it?
740
00:29:44,982 --> 00:29:46,983
Yeah. Just don't be
too obvious.
741
00:29:47,051 --> 00:29:48,618
I don't want him to lie.
742
00:29:48,686 --> 00:29:49,952
I'm not saying to lie.
743
00:29:50,021 --> 00:29:52,655
I'm saying
accentuate the positive.
744
00:29:52,723 --> 00:29:55,976
You tell 'em
what you saw, Mike.
745
00:29:56,043 --> 00:29:57,911
Hey, you don't want my help...
746
00:29:57,979 --> 00:29:59,863
Dad, of course they want
your help.
747
00:29:59,930 --> 00:30:02,264
Just not anything
that involves perjury.
748
00:30:02,332 --> 00:30:05,201
Fine. Do what you want.
749
00:30:05,269 --> 00:30:07,987
Hey! Where are you going?
750
00:30:08,055 --> 00:30:10,056
I got a date.
751
00:30:10,124 --> 00:30:11,658
And you know, once in a while
752
00:30:11,725 --> 00:30:14,193
it wouldn't hurt you to
listen to your old man.
753
00:30:18,599 --> 00:30:20,050
Cap...
754
00:30:20,117 --> 00:30:22,785
you'll want to look over
this witness list.
755
00:30:22,853 --> 00:30:24,970
I found the tape, sir.
756
00:30:25,038 --> 00:30:26,222
It was in the
recycle pile.
757
00:30:26,290 --> 00:30:29,192
I'm sure it wasn't deliberate.
758
00:30:30,828 --> 00:30:32,128
Nice job.
759
00:30:32,196 --> 00:30:34,697
I'll inform
Colonel MacKenzie.
760
00:30:44,358 --> 00:30:45,742
Extract him.
761
00:30:53,951 --> 00:30:56,152
Let him go.
I said let him go!
762
00:30:58,339 --> 00:30:59,138
He's U.S. Army.
763
00:30:59,206 --> 00:31:00,807
Well, why didn't
he say something?
764
00:31:00,925 --> 00:31:02,859
Get that thing off!
765
00:31:02,927 --> 00:31:05,595
I'll want a copy of that.
766
00:31:05,662 --> 00:31:08,198
We'll see that you get one.
767
00:31:10,785 --> 00:31:12,819
We're fighting
a losing battle now, sir.
768
00:31:12,887 --> 00:31:15,121
They're the only kind
worth fighting.
769
00:31:15,272 --> 00:31:18,108
Play it again, Tam.
770
00:31:27,284 --> 00:31:28,835
Just the man
I'm looking for.
771
00:31:28,903 --> 00:31:30,737
What can I do for you,
Master Chief?
772
00:31:30,805 --> 00:31:32,121
I had a date last night.
773
00:31:32,189 --> 00:31:34,340
Ordinarily, I'd love to hear
about your love life,
774
00:31:34,408 --> 00:31:36,443
but I've got to be in
court in 35 minutes.
775
00:31:36,510 --> 00:31:38,210
Well, I wouldn't worry
about that too much.
776
00:31:38,278 --> 00:31:40,079
Lana's going to be late.
777
00:31:40,147 --> 00:31:42,215
When I left,
she was just falling asleep.
778
00:31:42,283 --> 00:31:42,949
Lana?
779
00:31:43,017 --> 00:31:44,466
Yeah, that
court reporter?
780
00:31:44,534 --> 00:31:45,801
Very nimble fingers.
781
00:31:45,869 --> 00:31:47,103
Too much information.
782
00:31:47,171 --> 00:31:49,138
Is this too much
information?
783
00:31:49,206 --> 00:31:52,341
Judge Mayfield
hates the military.
784
00:31:52,409 --> 00:31:55,094
Now, why would you say that?
785
00:31:55,162 --> 00:31:58,865
Because she had a son who was
recently killed in action in Fallujah.
786
00:31:58,933 --> 00:32:01,584
I'll bet you could
get a mistrial.
787
00:32:02,837 --> 00:32:04,838
You got to do something.
You're losing.
788
00:32:04,905 --> 00:32:06,906
This conversation
never happened.
789
00:32:06,974 --> 00:32:08,991
Rabb would've done something!
790
00:32:09,059 --> 00:32:11,644
Mr. Orman, can you describe
791
00:32:11,712 --> 00:32:13,563
some of the more aggressive
methods you used
792
00:32:13,630 --> 00:32:15,432
to extract information
from prisoners?
793
00:32:15,499 --> 00:32:16,832
Lengthy questioning,
794
00:32:16,900 --> 00:32:20,136
misinformation about another
prisoners' disclosures,
795
00:32:20,203 --> 00:32:21,571
perks for cooperating.
796
00:32:21,639 --> 00:32:23,839
And if the subject doesn't want
to cooperate?
797
00:32:23,907 --> 00:32:25,624
If he's a high-value
intelligence source,
798
00:32:25,692 --> 00:32:26,626
we turn up the heat.
799
00:32:26,694 --> 00:32:27,460
Meaning?
800
00:32:27,528 --> 00:32:29,112
Psychological
801
00:32:29,179 --> 00:32:31,247
and/or physical duress.
802
00:32:31,315 --> 00:32:33,916
Can you be more specific
for the members, please?
803
00:32:33,984 --> 00:32:37,370
Blindfolding, shackling,
high decibel music,
804
00:32:37,438 --> 00:32:42,041
isolation, uncomfortable
positions, heat, cold.
805
00:32:42,108 --> 00:32:43,443
Humiliation?
806
00:32:43,510 --> 00:32:45,678
If you mean,
do I make them strip
807
00:32:45,746 --> 00:32:48,063
and simulate sex acts, no.
808
00:32:48,131 --> 00:32:51,267
Any other types
of physical duress?
809
00:32:51,335 --> 00:32:53,902
Uh, waterboarding, beatings?
810
00:32:53,970 --> 00:32:57,140
I never ordered anyone
waterboarded or beaten.
811
00:32:57,207 --> 00:32:58,941
Your Honor,
with your permission,
812
00:32:59,009 --> 00:33:01,344
I'd like to show a tape
to the court.
813
00:33:13,607 --> 00:33:14,907
Let him go.
814
00:33:14,975 --> 00:33:17,309
I said let him go!
815
00:33:19,229 --> 00:33:20,730
He's U.S. Army.
816
00:33:20,798 --> 00:33:21,931
Get that thing off!
817
00:33:24,485 --> 00:33:28,438
Are you saying, Mr. Orman, that
the accused acted on their own?
818
00:33:28,506 --> 00:33:30,773
Objection.
Leading the witness.
819
00:33:30,841 --> 00:33:32,308
I'll rephrase.
820
00:33:32,375 --> 00:33:35,477
To your knowledge,
did anyone order the accused
821
00:33:35,545 --> 00:33:37,746
to remove the occupant
of cell D-436
822
00:33:37,814 --> 00:33:39,615
by beating and choking him?
823
00:33:39,683 --> 00:33:42,401
No. Not to my knowledge.
824
00:33:45,272 --> 00:33:46,238
Mr. Roberts,
did you feel
825
00:33:46,306 --> 00:33:47,506
threatened
in any way
826
00:33:47,575 --> 00:33:50,009
when Mr. Flanzer launched
his dread shoe attack?
827
00:33:50,077 --> 00:33:51,778
Your Honor...
828
00:33:51,829 --> 00:33:53,913
Lose the sarcasm, Mr. Wilson.
829
00:33:53,981 --> 00:33:55,048
Sorry, Judge.
830
00:33:55,115 --> 00:33:57,683
Did you feel threatened?
831
00:33:57,751 --> 00:34:00,002
No, not really.
832
00:34:00,037 --> 00:34:02,188
So your brother's
violent response
833
00:34:02,206 --> 00:34:03,439
was unnecessary
834
00:34:03,457 --> 00:34:04,724
and excessive, wasn't it?
835
00:34:04,792 --> 00:34:07,560
I guess it was a little
unnecessary, yeah,
836
00:34:07,627 --> 00:34:09,161
but he was just...
837
00:34:09,263 --> 00:34:11,881
Has your brother ever displayed
fits of rage before?
838
00:34:11,949 --> 00:34:13,232
Objection.
839
00:34:13,300 --> 00:34:15,117
Goes to predisposition
toward violence, Your Honor.
840
00:34:15,185 --> 00:34:16,035
Overruled.
841
00:34:16,103 --> 00:34:17,953
What a surprise.
842
00:34:18,055 --> 00:34:19,688
Not rage,
exactly.
843
00:34:19,723 --> 00:34:21,441
He did go off on me once,
844
00:34:21,525 --> 00:34:23,626
when I lost his son
at a mall, but it was
845
00:34:23,727 --> 00:34:25,395
my fault, and I found him later.
846
00:34:25,529 --> 00:34:29,382
So with sufficient provocation,
he displays uncontrolled anger.
847
00:34:29,450 --> 00:34:32,117
Thank you
for your candor.
848
00:34:32,185 --> 00:34:34,237
Midshipman, even though you
didn't feel threatened
849
00:34:34,304 --> 00:34:36,506
in the shoe store,
could your brother
850
00:34:36,573 --> 00:34:38,341
have believed
you were in danger?
851
00:34:38,409 --> 00:34:39,625
Absolutely, sir.
852
00:34:39,693 --> 00:34:40,460
Why?
853
00:34:40,577 --> 00:34:42,445
Because that guy
was out of control,
854
00:34:42,496 --> 00:34:44,213
getting in our
faces like that.
855
00:34:44,298 --> 00:34:45,731
We didn't do anything
to provoke him,
856
00:34:45,799 --> 00:34:47,467
except maybe wear our uniforms.
857
00:34:47,535 --> 00:34:49,702
So I could see
why Bud might think
858
00:34:49,770 --> 00:34:50,987
he was a loose cannon.
859
00:34:51,055 --> 00:34:53,590
Now, you stated that your
brother "went off on you"
860
00:34:53,657 --> 00:34:55,424
because you lost his son.
861
00:34:55,492 --> 00:34:57,627
When that happened,
did he hit you?
862
00:34:57,728 --> 00:34:58,811
No, sir.
863
00:34:58,846 --> 00:35:00,028
Did he ever hit you?
864
00:35:00,097 --> 00:35:00,679
No, sir.
865
00:35:00,848 --> 00:35:01,580
Not even as kids?
866
00:35:01,732 --> 00:35:03,032
No.
867
00:35:03,100 --> 00:35:06,385
Bud's just not that kind
of person, ma'am.
868
00:35:06,453 --> 00:35:08,287
He's a nice guy.
869
00:35:08,355 --> 00:35:09,539
Thank you, Midshipman.
870
00:35:11,492 --> 00:35:14,226
Did you ever ask the guards
to help you set conditions
871
00:35:14,294 --> 00:35:16,428
for a successful
interrogation?
872
00:35:16,497 --> 00:35:20,216
Yes, using
the carrot-and-stick approach.
873
00:35:20,417 --> 00:35:22,184
The stick being...?
874
00:35:22,252 --> 00:35:25,321
Denying privileges,
fear, intimidation.
875
00:35:25,389 --> 00:35:27,490
But not beatings.
876
00:35:27,557 --> 00:35:29,758
So you don't believe in torture.
877
00:35:29,793 --> 00:35:31,077
I didn't say that.
878
00:35:31,144 --> 00:35:34,747
But the wanton infliction
of pain is counterproductive
879
00:35:34,815 --> 00:35:37,149
to effective
intelligence gathering.
880
00:35:37,218 --> 00:35:39,885
Pain is not as great
a motivator
881
00:35:39,953 --> 00:35:41,137
as fear of pain.
882
00:35:41,204 --> 00:35:43,840
Well, I'll defer
to your expert knowledge.
883
00:35:43,907 --> 00:35:46,142
Who do you receive
your authorization
884
00:35:46,209 --> 00:35:49,512
to inflict this "fear of pain"
on your high-value prisoners?
885
00:35:49,647 --> 00:35:50,813
My company. Ajax.
886
00:35:50,880 --> 00:35:52,014
And what
government
887
00:35:52,032 --> 00:35:54,383
agency is Ajax contracted to?
888
00:35:54,401 --> 00:35:56,202
I don't know.
889
00:35:56,320 --> 00:35:58,938
Well, let's see
what you do know.
890
00:36:00,407 --> 00:36:02,525
I'm going to play
the tape again.
891
00:36:02,593 --> 00:36:04,193
Just the last part.
892
00:36:05,412 --> 00:36:06,979
He's U.S. Army.
893
00:36:07,047 --> 00:36:08,548
Get that thing off!
894
00:36:08,582 --> 00:36:12,334
Now I'm going to play it forward
from here in slow motion.
895
00:36:23,514 --> 00:36:26,915
Is that you in
the red hat, Mr. Orman?
896
00:36:33,940 --> 00:36:35,575
I never ordered that beating.
897
00:36:35,643 --> 00:36:38,294
You didn't stop it, though,
either, did you, Mr. Orman?
898
00:36:40,164 --> 00:36:42,714
You always get the MP's
to do your dirty work for you?
899
00:36:42,833 --> 00:36:43,832
It's not dirty work.
900
00:36:43,900 --> 00:36:45,934
It's what we do
to fight terrorism.
901
00:36:46,003 --> 00:36:48,170
The Pentagon's memo
last June
902
00:36:48,205 --> 00:36:50,590
stated that the president
can legally authorize
903
00:36:50,657 --> 00:36:51,824
some forms of torture
904
00:36:51,892 --> 00:36:52,842
for detainees.
905
00:36:52,910 --> 00:36:54,410
Even if I
sanctioned
906
00:36:54,477 --> 00:36:55,762
that beating, which I did not,
907
00:36:55,829 --> 00:36:57,696
there's so much
confusion over the issue,
908
00:36:57,765 --> 00:37:00,432
who can say what's lawful
and what's not?
909
00:37:03,187 --> 00:37:05,120
Bud is the kindest,
gentlest man I've ever known.
910
00:37:05,188 --> 00:37:08,891
And he hates violence,
and he rarely loses his temper.
911
00:37:08,959 --> 00:37:10,893
And when he does, he just gets
912
00:37:10,960 --> 00:37:13,295
that cute, little pouty-thing
around his mouth.
913
00:37:13,363 --> 00:37:15,464
Didn't your husband get
into a barroom brawl
914
00:37:15,566 --> 00:37:16,632
the night of his bachelor party?
915
00:37:16,700 --> 00:37:17,833
Oh, that wasn't
a brawl.
916
00:37:17,901 --> 00:37:20,102
He got beaten up
by a pregnant stripper.
917
00:37:20,169 --> 00:37:21,370
Ah.
918
00:37:21,438 --> 00:37:25,207
Yet another assault
by a pregnant stripper.
919
00:37:25,292 --> 00:37:26,008
Sorry, Judge.
920
00:37:26,160 --> 00:37:27,493
For a gentle man,
your husband
921
00:37:27,561 --> 00:37:29,428
seems to get into
a lot of fights.
922
00:37:29,496 --> 00:37:31,213
No more
questions.
923
00:37:31,281 --> 00:37:34,483
The witness may step down.
924
00:37:34,551 --> 00:37:37,319
Any more witnesses,
Commander Turner?
925
00:37:40,223 --> 00:37:41,591
A motion, Your Honor.
926
00:37:41,658 --> 00:37:45,762
I move that the Court
declare a mistrial
927
00:37:45,829 --> 00:37:47,196
and remove itself
from the proceedings.
928
00:37:47,264 --> 00:37:48,497
On what grounds?
929
00:37:48,565 --> 00:37:49,766
That the Court,
having recently suffered
930
00:37:49,833 --> 00:37:52,668
a personal loss, is biased
against the military.
931
00:37:57,157 --> 00:37:59,191
Commander Turner,
932
00:37:59,259 --> 00:38:03,428
your allegation of
bias is frivolous.
933
00:38:03,496 --> 00:38:05,498
It is also insulting
to this Court,
934
00:38:05,566 --> 00:38:08,234
and it smacks of desperation.
935
00:38:08,285 --> 00:38:11,053
Now you obviously dug
into my personal life,
936
00:38:11,088 --> 00:38:13,155
which you had
no business doing.
937
00:38:13,207 --> 00:38:14,840
Your motion is denied.
938
00:38:14,875 --> 00:38:16,992
I'll hear closing
arguments tomorrow.
939
00:38:17,011 --> 00:38:18,094
In the meantime, Commander,
940
00:38:18,162 --> 00:38:21,130
I'm going to consider
charging you with contempt.
941
00:38:21,198 --> 00:38:22,615
Court
is recessed.
942
00:38:24,484 --> 00:38:26,685
General Spinoza,
do you support
943
00:38:26,753 --> 00:38:30,223
a policy of controlled
manipulation of detainees here?
944
00:38:30,290 --> 00:38:31,690
For the purpose
of extracting
945
00:38:31,809 --> 00:38:33,025
information, yes.
946
00:38:33,093 --> 00:38:35,394
But per a directive issued
by the Secretary of Defense,
947
00:38:35,462 --> 00:38:37,597
the policy precludes
inflicting severe,
948
00:38:37,664 --> 00:38:40,533
intentional pain or causing
permanent damage.
949
00:38:40,601 --> 00:38:42,051
Well, sir, do you believe
that my clients
950
00:38:42,118 --> 00:38:43,686
were within
the framework of that policy
951
00:38:43,754 --> 00:38:45,054
when they forcefully removed
952
00:38:45,121 --> 00:38:46,823
Corporal Hatanian
from his cell, sir?
953
00:38:46,907 --> 00:38:47,857
Yes, they were.
954
00:38:47,925 --> 00:38:49,091
Thank you,
General.
955
00:38:49,159 --> 00:38:50,425
No further questions.
956
00:38:50,494 --> 00:38:53,896
Well, then, General,
I'm confused.
957
00:38:53,997 --> 00:38:56,298
If you believe
the accused did no wrong,
958
00:38:56,366 --> 00:38:58,333
why did you convene
this court-martial?
959
00:38:58,401 --> 00:39:00,436
To publicly respond
to those who believe
960
00:39:00,503 --> 00:39:02,604
we are violating
detainees' rights.
961
00:39:02,673 --> 00:39:03,873
And what is your
response, sir?
962
00:39:03,940 --> 00:39:05,374
Applying duress
963
00:39:05,426 --> 00:39:08,177
to a detainee is as repugnant
to me as it is to anyone,
964
00:39:08,245 --> 00:39:11,580
but extreme peril demands
extreme measures.
965
00:39:11,648 --> 00:39:13,048
Aggressive
interrogation
966
00:39:13,116 --> 00:39:15,417
helped us locate
Saddam Hussein,
967
00:39:15,485 --> 00:39:18,120
neutralize two-thirds
of Al Qaeda's top operatives,
968
00:39:18,188 --> 00:39:20,189
revealed their
recruiting methods
969
00:39:20,256 --> 00:39:22,324
and uncovered terrorist plots.
970
00:39:22,359 --> 00:39:25,177
Some consider what
we do here immoral,
971
00:39:25,245 --> 00:39:26,762
maybe even illegal.
972
00:39:26,830 --> 00:39:29,098
But we save American lives.
973
00:39:29,166 --> 00:39:31,000
At the risk
of losing American souls.
974
00:39:31,068 --> 00:39:32,434
I believe
975
00:39:32,502 --> 00:39:35,003
that deep down inside, the vast
majority of our citizens
976
00:39:35,071 --> 00:39:38,174
are glad that we're here,
whether they admit it or not.
977
00:39:38,258 --> 00:39:39,958
And if you're wrong, sir?
978
00:39:39,960 --> 00:39:41,711
Then, should that time come,
979
00:39:41,778 --> 00:39:44,847
I'm prepared
to answer for my actions.
980
00:39:44,914 --> 00:39:47,149
To whatever
authority demands it.
981
00:39:49,235 --> 00:39:51,453
We have the right
to defend ourselves,
982
00:39:51,521 --> 00:39:54,990
whether the weapon
is a gun or a shoe.
983
00:39:55,058 --> 00:39:57,543
However, we must
know the difference
984
00:39:57,610 --> 00:39:59,695
between an imagined threat
985
00:39:59,863 --> 00:40:01,097
and a real one.
986
00:40:01,164 --> 00:40:03,532
In other words, you just can't
go out and hit someone
987
00:40:03,600 --> 00:40:05,500
because you think
they're going to hit you.
988
00:40:05,568 --> 00:40:08,854
Preemptive action is illegal,
989
00:40:08,922 --> 00:40:13,209
unless the attacker
clearly demonstrates
990
00:40:13,243 --> 00:40:15,328
his intention to inflict harm.
991
00:40:15,395 --> 00:40:18,531
In the heat of the moment,
tempers are flaring,
992
00:40:18,549 --> 00:40:19,432
words exchanged,
993
00:40:19,583 --> 00:40:21,784
I can see how
a reasonable person
994
00:40:21,852 --> 00:40:25,921
might perceive
an upraised arm as a threat.
995
00:40:25,988 --> 00:40:28,924
I am convinced that
Commander Roberts
996
00:40:29,059 --> 00:40:31,660
thought his brother
was in danger
997
00:40:31,728 --> 00:40:33,863
and he acted in his defense.
998
00:40:33,931 --> 00:40:38,484
I therefore find the defendant
not guilty of assault.
999
00:40:38,635 --> 00:40:40,302
Court is adjourned.
1000
00:40:42,038 --> 00:40:44,773
You did it.
You did it.
1001
00:40:44,841 --> 00:40:45,558
Commander Turner.
1002
00:40:48,662 --> 00:40:49,829
Yes, ma'am?
1003
00:40:52,916 --> 00:40:54,416
I lost a son in Iraq.
1004
00:40:54,484 --> 00:40:56,785
But I still have
a daughter there,
1005
00:40:56,920 --> 00:41:00,072
and she's serving in the
Third Armored Cavalry Regiment,
1006
00:41:00,140 --> 00:41:02,357
and I respect
her decision to serve.
1007
00:41:02,425 --> 00:41:07,997
So next time, you think twice
about accusing a judge of bias.
1008
00:41:08,015 --> 00:41:10,132
Yes, ma'am.
1009
00:41:12,269 --> 00:41:14,303
Congratulations, son.
1010
00:41:14,354 --> 00:41:17,006
Oh, thank God.
1011
00:41:17,073 --> 00:41:18,173
Thank God.
1012
00:41:18,241 --> 00:41:21,310
Bud, I'm sorry
about up there, I...
1013
00:41:21,377 --> 00:41:23,362
Hey, you did great.
I'm proud of you, Mike.
1014
00:41:23,480 --> 00:41:24,630
I'm proud of
you, too, honey.
1015
00:41:24,698 --> 00:41:26,465
Oh, it would have
been so much better
1016
00:41:26,533 --> 00:41:27,966
without that
pregnant stripper thing.
1017
00:41:27,985 --> 00:41:29,151
Honey, you're the only
pregnant stripper
1018
00:41:29,218 --> 00:41:30,653
that I care about.
1019
00:41:30,704 --> 00:41:32,788
I better be, sailor.
1020
00:41:39,195 --> 00:41:40,963
I'd congratulate you, Commander,
1021
00:41:41,031 --> 00:41:43,431
but you should never have been
in the situation to begin with.
1022
00:41:43,499 --> 00:41:44,617
I agree, sir.
1023
00:41:44,685 --> 00:41:46,735
Still, I can't help
feeling a bit relieved.
1024
00:41:46,803 --> 00:41:47,970
Before you feel
too relieved,
1025
00:41:48,038 --> 00:41:49,872
I just got a call
from Judge Mayfield.
1026
00:41:49,939 --> 00:41:52,975
She strongly recommends you
attend anger management classes.
1027
00:41:53,043 --> 00:41:54,242
I concur.
1028
00:41:54,310 --> 00:41:56,111
But I don't have
a problem with anger.
1029
00:41:56,179 --> 00:41:58,380
Bethesda has a program.
Enroll yourself.
1030
00:41:58,447 --> 00:42:01,550
Aye, aye, sir.
1031
00:42:01,602 --> 00:42:04,887
On the charge and specification
of assault,
1032
00:42:04,938 --> 00:42:06,055
not guilty.
1033
00:42:06,122 --> 00:42:10,142
On the charge of dereliction
of duty, not guilty.
1034
00:42:10,209 --> 00:42:11,978
On the charge of maltreatment,
1035
00:42:12,045 --> 00:42:13,845
guilty.
1036
00:42:13,913 --> 00:42:15,648
Extenuation
and mitigation
1037
00:42:15,749 --> 00:42:18,333
tomorrow, 0900.
1038
00:42:18,401 --> 00:42:20,535
This court's in recess.
1039
00:42:28,228 --> 00:42:29,477
Congratulations,
Colonel.
1040
00:42:29,545 --> 00:42:30,913
For what?
1041
00:42:30,980 --> 00:42:31,664
Winning.
1042
00:42:31,732 --> 00:42:32,715
I didn't win.
1043
00:42:32,766 --> 00:42:34,116
Your guys lost.
1044
00:42:34,134 --> 00:42:36,418
I'll recommend
punitive discharge,
1045
00:42:36,470 --> 00:42:37,153
no confinement.
1046
00:42:37,304 --> 00:42:38,704
I'll let my clients know.
1047
00:42:38,772 --> 00:42:40,506
I'm sure they'll be thrilled.
1048
00:42:40,557 --> 00:42:42,391
Commander, if you don't
need me anymore...
1049
00:42:42,459 --> 00:42:45,594
It's been a pleasure
and an education, sir.
1050
00:42:45,662 --> 00:42:47,780
It certainly has.
1051
00:42:47,848 --> 00:42:48,814
Captain, good luck.
1052
00:42:48,881 --> 00:42:50,649
Colonel.
1053
00:42:50,734 --> 00:42:53,519
A little reining in and she'll
make a fine lawyer one day.
1054
00:42:53,586 --> 00:42:56,088
That's what they said
about you ten years ago.
1055
00:42:56,123 --> 00:42:59,258
So do you think the vast
majority of Americans
1056
00:42:59,326 --> 00:43:01,160
support what
we're doing here?
1057
00:43:01,228 --> 00:43:04,630
I don't know if the vast
majority do, but enough.
1058
00:43:04,697 --> 00:43:06,865
Sir.
1059
00:43:06,933 --> 00:43:08,734
You did a fine job.
1060
00:43:08,802 --> 00:43:10,135
Both of you.
1061
00:43:10,220 --> 00:43:11,737
Thank you, General.
1062
00:43:11,804 --> 00:43:13,772
Do you feel you
justified your actions
1063
00:43:13,840 --> 00:43:15,541
to the American
public, sir?
1064
00:43:15,642 --> 00:43:18,360
Well, what do you
think, Colonel?
1065
00:43:18,428 --> 00:43:20,579
I think you sacrificed
your men
1066
00:43:20,647 --> 00:43:22,914
in a desperate pursuit
of public absolution.
1067
00:43:22,982 --> 00:43:26,284
I think the wrong people
were on trial, General.
1068
00:43:26,320 --> 00:43:29,422
Based on what?
Your vast leadership experience?
1069
00:43:29,489 --> 00:43:32,090
Your record
of tough command decisions?
1070
00:43:32,109 --> 00:43:35,311
No, sir, based on my opinion
of what's fitting and just.
1071
00:43:35,412 --> 00:43:36,895
You come
serve under me, Colonel.
1072
00:43:36,963 --> 00:43:38,997
Then your opinion
will be worth something.
1073
00:43:39,065 --> 00:43:42,000
Meanwhile, you want
to put me on trial,
1074
00:43:42,068 --> 00:43:44,737
you know where to find me.
77435
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