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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 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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