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Original subtitles

[groaning]

[speaking foreign language]

Holy...

Watchdog Six, this is Post Five. We have a small boat in the water, port side.

What's the situation?

There, Lieutenant. 2:00!

-Damn it. -Don't move!

Put your hands behind your head.

Tehkan nakhur! Tehkan nakhur!

He's going to detonate it, Lieutenant...

Fire!

[rifle firing]

[theme song playing]

[reporter] Today, we're live at the naval base here in Norfolk, Virginia.

We're awaiting the arrival of the terrorist

who attacked the USS Wake Island

Sunday night in the Persian Gulf,

where five sailors were killed.

This is Lieutenant Royce Caron.

He is with the marine's Fleet Anti-terrorism

Security Team, also known as FAST Company.

Lieutenant, how did the terrorists manage

to slip by security in the first place?

I don't know how they slipped in, sir

but they sure didn't slip out.

[interviewer] Thank you very much, sir.

Okay, it looks like the chopper

bringing in the captured terrorists is coming in right now.

By the way, a second terrorist

- was killed during that sneak attack... -They're bringing him in, huh?

The helo's landing now, sir. Good morning, sir.

-Good morning, Bud. Hi. -To sink the Wake Island,

they were thwarted by the alert response of the ship's deck watch.

Now the Navy so far has not released any information

about the terrorists, nor his affiliation.

Okay, it looks like the prisoner is disembarking from the helicopter right now.

This is the man who attempted to blow up the United States...

Hey, isn't that...?

Special Agent Novack.

NCIS must've handed this to the FBI.

[sighs]

-[gunshots on TV] - Oh, my God... someone...

I think a marine guard just turned around and-and

shot the prisoner! Shot the prisoner down!

The other guards are wrestling the shooter to the ground.

-What is happening here?! -[man] Keep this area covered!

-I don't care, move it out! -FBI agents are putting him in a car right now.

They're not waiting for an ambulance.

Maybe they're afraid there's another shooter nearby.

I don't know!

I can't tell how badly he's hurt, Dan,

but from here, it looked like he was not moving.

We just got word from the FBI

that the prisoner died en route to the hospital.

Did he say anything before he died, sir?

Like a deathbed confession?

No such luck.

All we know is his name is Jaleel Nasseen.

Has anyone claimed him, sir, or taken

responsibility for attacking the ship?

No. It could be one of a dozen groups... Hamas,

-Hezbollah, Mujahedin. -We may never know.

Which makes Corporal Barry's act even more deplorable.

Deplorable, but understandable.

Five of his shipmates died in the bombing.

Shooting an unarmed man, no matter how loathsome he is,

is still murder, Commander.

Yes, sir, I-I didn't say I condoned it. I, uh...

said I understood.

Well, I'm glad you're so understanding,

because you will be defending Corporal Barry.

He's arrives 0030. You can talk to him

first thing in the morning

or you can pass, if you wish.

No, sir, I'll take the case.

Good. Good.

Major, you'll be trial counsel. Mr. Roberts will assist you

with your prosecution. Dismissed.

-Yes, sir. -Aye, aye, sir.

Thank you, sir.

Cheer up. All you have to do is defend a man

who committed murder in front of 50 million witnesses.

Thanks for putting it in perspective.

Hey, the Admiral gave you an out.

You didn't have to take this case.

-Explain it to her, Bud. -It wasn't an out, ma'am, it was a challenge.

Oh, which you were too macho to pass up.

Would you pass it up?

-I'm just as macho as you. -Ha.

Come on, Lieutenant, we have a case to prepare.

We'll talk.

Well, I'm sure we will.

[man] It wasn't murder, sir.

Well, what would you call it?

I don't know, sir.

It's just... something told me I had to do it.

Something told you? What, like a voice?

I'm not crazy, Commander.

Take it easy, Corporal.

I didn't say you were crazy.

You had a brother in the Air Force.

Yes, sir.

He died in '96.

In the Khobar tower bombing in Saudi Arabia.

Along with 18 other American servicemen, Commander.

We'll never catch the cowards who did it.

So this was a payback for your brother's death?

Sir, he attacked us.

He was a threat to my country.

He wasn't a threat when you shot him, Corporal.

If you'd studied the terrorist mind like I have, sir,

you'd know they wouldn't rest as long as we had him.

There'd be more hostage-taking, sir, more bombings.

No American was safe while he was alive.

I did my duty as a Marine, sir.

And how were you doing your duty, Marine?

I eliminated a sworn, mortal enemy of my country.

I saved lives.

They go around killing people whenever they want, sir.

Whoever they want. They call us the great Satan, sir?

They're the great Satan.

I won't plead guilty, Commander.

What I did was right.

Temporary insanity.

That would apply... to you, if you think you can win

on a mental incompetence argument.

Mac, at the time he pulled the trigger,

he genuinely believed he had to kill that terrorist

to save American lives.

His brother was killed in the Khobar Towers bombings.

It was revenge. He knew what he was doing.

Not at the time he pulled the trigger. I'm requesting a 706 hearing.

You can request all the psych hearings you want.

Your client is not mentally incompetent.

Going anywhere for lunch?

Yeah, as a matter of fact, I am.

[knocking]

Decide to turn yourself in, Rabb?

Still going on about that Russian homicide, Novack?

I was exonerated, remember?

By the military, not by the FBI.

What are you eating there anyway?

Is that a bowl of lettuce?

Got to watch my blood pressure.

What do you want?

Information. I'm representing Corporal Barry.

-And I should help you because...? -Because Barry's a good kid.

He got twisted somehow, and he made a serious mistake.

You ever make a mistake, Novack?

Yeah, by not putting you in prison when I had the chance.

What are you looking for?

A link between the dead guy and a terrorist organization.

You want to show he was a real bad guy who deserved to die.

-Something like that, yeah. -I can't help you.

Did Nasseen say anything before he died?

If he did, it's classified.

-So he did say something? -I didn't say that.

You know, I can ask these questions under oath.

And you'd get the same answers.

What's the problem, Novack?

The prisoner's dead; your case is over.

No. You know what's over? This meeting is over.

If you'll excuse me?

[soldier] Ready on the left! Ready on the right!

All ready on the firing line!

Commence firing!

[rapid gunfire]

Cease fire! Clear your ground of all weapons!

Stand back from the firing line!

Lieutenant Caron?

Lieutenant Commander Rabb.

I've been expecting you, Commander.

I guess you want to talk about Corporal Barry, sir.

That's right. What can you tell me about him?

Overall, a fine Marine, sir.

A bit short on education, but long on dedication.

Any problems? Any issues?

When he first joined my unit

he was sharp, alert, willing to learn.

I figured him for a staff NCO after a few years.

But after his brother died...

You know about his brother, Commander?

After his brother died, something shifted.

Shifted? How?

He was still a good Marine,

but he lost his focus, became obsessed.

-With? -Terrorism, sir.

He followed it around the world like a groupie.

When our embassies were bombed in Kenya and Tanzania,

he was ready to kick some serious butt.

Do you think the Corporal was of sound mind

when he shot the terrorist?

I don't know, sir.

But I'm glad the guy's dead.

I just wish it wasn't a Marine that killed him.

[soldier] Lieutenant, weapon jam!

Excuse me a moment, Commander.

It's fine.

We're trained to kill the enemy, Commander.

Not prisoners.

[gunfire]

[Chegwidden] And you see no basis for a plea bargain, Major?

Sir, this is as open and shut as a murder case can get.

The members will never buy an insanity argument.

Still, pleading out might be the best course.

Are you suggesting that I offer a lesser charge, sir?

No, no, no. That's up to you.

All I'm saying is be wary.

Rabb's got a deep hat, with lots of rabbits.

I have a few tricks of my own, sir.

I'm sure you do, Major.

[intercom buzzing]

Yes?

Secretary Of The Navy is here, sir.

Um, send him in.

At ease. I hope I'm not disturbing anything.

Not at all, Mr. Secretary. You know Major MacKenzie?

We met after the Major's "vacation" in Russia.

Uh, we were just discussing the Barry case, sir.

Good. That's why I'm here.

Do you foresee any problems getting a conviction, Major?

Many, Mr. Secretary.

I wouldn't be doing my job if I didn't.

But nothing you can't handle?

I hope not, sir.

Do you want me to stay, Admiral?

No, that won't be necessary, Major.

Dismissed.

Aye, aye, sir.

-Take a look at this. -What is it?

A Percival Bertram press conference taped this morning.

What's our super-patriot, protector of the American way

outraged about now?

Watch.

Our government wastes time and resources

prosecuting a true American hero

when what they should be doing is punishing countries

who support the cowardly cutthroats

who attack American citizens abroad.

He's entitled to his opinion.

Well, a lot of people share that opinion.

Including many on the Hill

whom Bertram helped put into office.

Look, Corporal Barry should be punished, of course, but--

Sometimes, it's mighty nice to fight fire with fire.

Mm. What are we looking at, worst case?

Murder premeditated with intent...

-death penalty or life in prison. -If there were any way,

legally, of course, to mitigate the punishment,

the White House might be very supportive, A.J.

Well, sir, you know I cannot interfere with a court-martial.

Nor would the president ask you to.

But if there is some way to salvage this boy's life...

I'll... I'll give it some thought, sir.

Mm.

I've read the psych evaluation report,

and there's nothing in it that says Corporate Barry is incapable

of participating in his own defense.

Admiral, the report also, states, sir,

that Corporate Barry suffered severe depression after the death of his brother.

Which does not exempt him from accountability for his conduct.

-His conduct is mitigated -The severity of the offense

-by his state of mind -premeditated murder...

It also precludes premeditation.

All right, enough.

Save it for the trial, people.

Opening arguments, 0900 tomorrow.

-Yes, sir. -Yes, sir.

Oh, and Commander Rabb, remember the time

you discharged a firearm in my courtroom?

Yes, sir. I was a little overzealous.

You were a loose cannon, Commander,

both figuratively and literally.

-But you're older and wiser now, aren't you? -Yes, sir.

Good, because if you pull a stunt like that again,

the next psych hearing will be your own.

-Aye, sir. -Good day.

Sir.

Oh, my God. Someone... I think a Marine guard just turned around

and shot the prisoner! Shot the prisoner down,

I can't... the other guards are wrestling the shooter.

I don't care! Move it out now!

Move it out!

I can't tell how badly he's hurt, Dan,

but from here, it looked like he was not moving.

Agent Novack, what we just saw,

is that an accurate playback of the murder?

Objection. Characterization.

-Sustained. -Excuse me.

Of the shooting incident?

Yes, it is. The prisoner was walking

away from the helo when Corporal Barry

discharged two rounds from his firearm into

the prisoner's upper torso.

Your Honor, I'd like to introduce

Government's Exhibit Two... The autopsy report

stating that the victim died of gunshot wounds

to the heart and lung.

Defense stipulates as to authenticity, Your Honor.

Is this the gun that Corporal Barry used?

Yes, ma'am, I believe it is.

Did Corporal Barry say anything

before or after he fired the weapon?

Not that I can recollect.

Did he seem aware of what he was doing?

Objection. Calls for an opinion.

I'll rephrase. What was Corporal Barry's demeanor

when he shot the victim?

He was very matter-of-fact.

Thank you.

Your witness.

Agent Novack, what was the mood of the security team

on the day of the shooting?

The Marines conducted themselves in a very professional manner.

Except, of course, the defendant.

Beneath the professional manner

wasn't there an angry undercurrent, sir?

Objection. Counsel's leading the witness.

No further questions, Your Honor.

Oh, I do have one more question,

Agent Novack, sorry, Your Honor.

What did the terrorist say before he died?

Nothing.

I remind you, sir, you're under oath.

The man said nothing before he died.

Really?

Your Honor, I reserve the right

to recall this witness, sir.

Major MacKenzie, what do you think

of the defendant's insanity gambit?

That's for the members of the court-martial to decide.

-But... -Please, excuse us.

We can't comment on an ongoing court case.

You were a little hard on Agent Novack in there.

Well, he knows something.

You wouldn't happen to know what that is, would you?

-Like what? -I don't know.

But something isn't right about this shooting.

Do we know something, ma'am?

We don't. But I think I know someone who might.

-Major. -Admiral.

Excuse me, sir.

I'll be done here in just a second.

No, I'm in no hurry, sir.

So, um, how goes the trial?

Well, I call in my expert witness this afternoon,

-to testify about Barry's mental capacity. -Psychobabble.

I've been reading a lot of psychology for this case.

-It's funny how the mind works, sir. -Is it?

Yeah. For instance, how we reveal things

about ourselves without being aware of it.

Um, what-what sort of things?

Well, for example, I get a sense from you...

And I could be way off...

That there's something you're thinking

but you're not telling me. Which, if there is

it's perfectly fine, of course, sir.

I'm sure you have your reasons.

[clears throat]

I'm just...

um... that-that looks great.

Is that pot roast?

Yeah, I cooked some up last night.

Would you care for some, sir?

I have plenty.

No, thanks.

[reporter] United States war ship.

We're trying to move in for a closer look, now.

[gunshots on TV]

Oh, my God!

[gunshots on TV]

[gunshots on TV]

[MacKenzie] Commander Onclay,

did the accused know that murder was wrong

when he killed the prisoner?

Yes. Based on my examination and my observations,

I believe he appreciated the wrongfulness of his act.

In other words, he was mentally responsible.

Yes, he was.

Your witness, counselor.

Dr. Onclay, what was Corporal Barry's state of mind

on the day he dispatched the terrorist?

I believe he was highly agitated.

Guilt-ridden.

Full of impotent rage.

Guilt-ridden? Why guilt-ridden, Doctor?

Corporal Barry is trained to fight terrorists.

If a terrorist succeeds, he fails.

[Rabb] Sir, in your report you stated that he didn't

believe then, nor does he believe now

-that he committed murder? -That's correct.

No more than a soldier in combat believes killing the enemy is murder.

So, though he knows that murder is wrong,

he doesn't think that he murdered?

Something like that.

Isn't that exactly it, sir?

Corporal Barry is unable to recognize

that killing a terrorist is wrong.

An assassin, a sworn enemy of the country.

In fact, sir, isn't it true that he believes it's his duty

to kill such people?

I think that's a fair assumption,

based on my observations.

Doctor, if were to take this weapon

and give it to Corporal Barry

would he kill a terrorist with it?

-I have no way of knowing. -Doctor, isn't it

more likely that Corporal Barry

would shoot a terrorist

than say Admiral Morris or Major MacKenzie

-or you, sir? -Yes, it is more likely

based on my evaluation of him.

Doesn't that make him criminally insane?

Not at all.

Not at all?

Not at all.

Because defending one's country

against its enemies is very sane and proper.

Probably the most sane thing that a person can do

isn't that true, Doctor?

Well, I don't know if it's sane or not,

but, yes, it does seem proper to defend one's country.

Thank you very much, Doctor.

No further questions, Your Honor.

Was Corporal Barry defending his country

when he shot the victim?

That's not for me to decide.

Thank you, Doctor, I think the members of the jury

already know the answer to that question.

As you were.

You wanted to see me, Corporal?

Yes, sir.

Thanks for coming.

Look, uh, juries are unpredictable,

but I think we're getting this one on our side.

[mumbling] I got another lawyer, sir.

Excuse me?

I said I got another lawyer.

Meaning no disrespect, sir, but you're fired.

[Rabb] Admiral, he gunned down

the terrorist on live TV. I was defending him,

and I was getting the job done, sir.

Well, your client... or rather ex-client...

has the right to hire a civilian attorney if he wants one.

I take it you've never been fired before.

[wryly chuckles] No, sir.

Well, Juanita Ressler

is a celebrated law professor/litigator,

-never lost a murder case. -Sir, that is the other thing.

There is no way that a corporal could afford that woman.

Maybe she's doing it pro bono.

In any event, Admiral Morris has approved the change.

You're off the case.

Yes, sir.

-I would have won. -You would not have won.

-Yeah, that's him there. -Lieutenant Commander Rabb?

-I'm Juanita Ressler. -Welcome aboard, ma'am.

I hope we can manage a smooth and painless transition, Commander.

I read the transcript.

You put up a good defense.

Apparently, not good enough.

This is Major MacKenzie.

Sarah MacKenzie.

Professor Ressler, I'm flattered you remember me.

I didn't. When I saw your name listed as trial counsel,

I researched your background.

You were in my criminal law class at Duke.

Yes. You advised me to drop law and take up lap dancing.

I see you didn't take my advice.

[Rabb] If you'll excuse me,

uh, I'll get your case files.

And now we're adversaries.

Ironic, isn't it?

I hope that doesn't frighten you.

Not in the least.

Good.

Excuse me.

-[knocking] -May I?

So, who called in the big guns?

Let's just say an anonymous benefactor.

Well, I assume you are familiar with the UCMJ,

MCM, military rules of evidence...

I will be. What I don't know, my staff can research.

You've done an admirable job of painting Mr. Barry as...

-Corporal Barry. -Thank you.

Painting Corporal Barry as an heroic righter of wrongs.

All he lacks is a cape, mask and sword.

There's your case files.

Why did you abandon the diminished-capacity defense?

I didn't. I augmented it.

With an emotional appeal to a military jury.

Military people know better than anyone

the threats this country faces, Ms. Ressler.

They understand why Corporal Barry did it.

Don't they believe in the laws they're sworn to protect?

Of course they do. They also realize

that special circumstances require special actions.

Like shooting an unarmed man?

What defense do you have in mind?

I intend to show Corporal Barry is a victim.

Of...?

The military system.

She's going for the abuse excuse?

That arrogant witch actually believes

that she can finesse me with a Twinkie defense.

I wouldn't underestimate her, Mac.

Oh, don't worry, I won't.

I want to know who hired her.

Harm, stay out of it, please.

I don't want a mistrial.

I'm taking that woman out.

A little animosity going there, huh?

For 14 weeks, she humiliated me in class.

Well, I'm not a timid, little second-year law student anymore.

It's payback time.

Dr. Nichols, you are a psychiatrist

-and former marine captain, correct? -Yes, I served for ten years.

Can you explain what happens to a recruit, psychologically,

when he goes through Marine boot camp?

Essentially, he's subjected

to a carefully planned barrage

of physical, mental, and emotional demands.

-[Ressler] Resulting in? -A person with a great loyalty to the Corps,

and a firm belief in Corps doctrine.

It sounds like brainwashing.

Would you say that Corporal Barry

-displays loyalty to the Corps? -Very much so.

But Corporal Barry's an extreme case.

He took the indoctrination a bit too far.

[Ressler] In what way?

The marines teach there's two parts to a mission:

task and intent, with intent the more important.

Corporal Barry believes that by killing the terrorist,

he carried out the intent of the mission.

He protected his country.

So, the brainwashing, or indoctrination,

is the basic reason for his actions.

It's certainly a major contributing factor.

Thank you, Dr. Nichols.

No further questions.

Dr. Nichols, what did you do before you joined up?

-What do you mean? -Well, you ran with a gang, didn't you?

Yes, I did.

And yet now, you're an MD, A successful psychiatrist.

Why the turnaround?

-I grew up. -I see.

Could it be that the honor, the courage, the commitment,

that the marines instilled in you

-helped you grow up? -Absolutely, Major.

Well, it's nice to know that Marine Corps "brainwashing"

doesn't always turn out crazed killers.

She's good, I'll give her that.

Yeah, she is good, Mac.

You're better than she is.

-[stammers in disbelief] -[Ressler] Commander.

Was that a compliment?

However you want to take it. Excuse me.

I have to go.

Um...

[man] Major MacKenzie

neutralized your Dr. Nichols pretty good.

I have more psychiatric experts.

[laughing]

For $500 an hour, plus expenses,

I hope they're more effective

than your former marine... Counselor.

[woman] Sir, you can't go in there!

Commander Rabb, don't tell me you followed me.

I'm sorry, Mr. Bertram.

Should I call security?

No, that's all right, Becky.

Commander Rabb's always welcome here.

I don't believe we've had the formalities.

Percival Bertram.

The mysterious benefactor who had me

replaced as defense counsel.

Oh, no reflection on your lawyering skills, Commander,

but, uh, there's no substitute for experience.

May I call you Harm?

My friends call me Bert.

Really? They don't call you Percy?

Not since I got rich and famous.

[Ressler] Well...

I'm going to leave you boys alone

so that you can decide whose is bigger.

Have fun.

[laughing]

There goes a good ol' gal.

She's a crackerjack attorney, too.

Crackerjack civilianattorney.

That's what gives her an edge.

She'll do anything for an acquittal...

even blame the military,

and that's a line that you won't cross.

Why are you getting involved in this, Mr. Bertram?

Because I will not stand by

and watch that young patriot suffer

for doing something that none of us had the guts to do.

Those people can attack us at will...

Beirut, Khobar Towers, World Trade Center,

embassies, and now the Wake Island.

We retaliated for the embassies, Mr. Bertram.

We'll retaliate for Wake Island.

How? By blowing up a pill factory in the Sudan?

By lobbing some missiles into Afghanistan?

We should be going after

their governments, their leaders, but what are we doing?

We're going after a bunch of ragtag guerrillas

skulking around in mountain caves.

Their terrorism will not defeat us, Commander,

but our complacency will.

We've got to let those bastards know

that there's no more open season on Americans.

We have the most powerful nation on the face of the Earth.

And by the Lord, God,

we're going hunting.

Because we are the most powerful nation on the earth, sir,

we can't.

Oh, come down from your high moral ground, Commander.

You know you agree with me.

Part of me, maybe, but the other part, sir,

knows that we are a nation of laws,

and that is what makes us great.

Vigilantes, like yourself,

are as dangerous to this country as the terrorists.

Because you believe that, Commander,

thatis why I had you replaced.

[Judge Morris] Any more witnesses, Ms. Ressler?

No, Your Honor. Defense rests.

Major MacKenzie, are you ready with closing arguments?

Yes, Your Honor.

There's a prevailing attitude out there

that someone or something else

is responsible for our wrongful conduct...

Abusive parents, a cheating spouse,

postpartum depression...

And now Miss Ressler has invented a new villain...

boot camp.

But that's out there.

This is the Marine Corps.

We take responsibility for our actions.

Lives depend on it.

Not one expert witness testified that Corporal Barry

has a mental illness.

He's not a paranoid schizophrenic,

a psychopath, or a deviant of any kind.

He's an angry young man,

who decided... decided... To shoot an Arab.

In our society, rage,

no matter how justified, is not a defense.

You have only one recourse.

To find Corporal Barry guilty

of premeditated murder.

-Oh, my...! Oh, my God! -[gunshots on TV]

[slow motion] Oh, my...! Oh, my God! Someone...

[Ressler] Yours is a proud

and honorable organization.

I am not here to malign the Corps,

but if there is a flaw in the system,

you must recognize it before you can fix it.

Marcus Barry was stripped of his identity,

and turned into a marine.

This should've been a good thing, but something went awry.

Along the way, he lost his innate sense of right and wrong.

Now, the question you must ask yourselves is

did Corporal Barry, motivated by rage and hatred,

kill the terrorist of his own free will,

or did he, driven by

an overwhelming sense of duty,

instilled in him by the Corps,

impulsively kill the terrorist to save his country?

Major MacKenzie...

nice closing.

Thank you. So was yours.

You've become a fine lawyer, Sarah.

But the world lost a good lap dancer, right?

That suggestion was not meant to make you leave law school.

It was meant to provoke you; to keep you in.

[elevator door opens]

See you tomorrow, Counselor.

[speaking Arabic]

Sir?

I have the autopsy report.

Thanks, Bud.

You should have seen Major MacKenzie today.

-She was great. -Oh, I... bet she was.

Is there something I can help you with, sir?

Yes, something doesn't jibe here.

There. That.

Massive hemorrhaging. Hemothorax.

What does that mean to you?

Lots of bleeding.

You nailed it, Bud.

I did?

[phone rings]

Rabb.

When?

Thanks.

The bombing of the American Central Hotel in Riyadh.

Forty people are dead.

But I'm afraid that well may be dry, sir.

Yes, sir, we'll keep trying.

What do you want, Commander?

Show me the body.

What?

Show me the body.

I don't have time for this, Rabb, there was another bombing.

I'm aware of that. Show me the terrorist's body.

-It was cremated. -Bull.

I'm getting tired of you calling me a liar.

Now, leave me alone. I got work to do.

Produce the body.

This isn't your case anymore.

Who else knows about this? SECNAV? Attorney General?

They will.

[dialing]

-How did you know? -I knew there was

something wrong with the shooting when, uh,

-I realized there was no blood. -They had him in Kevlar.

The bullets broke some ribs and knocked him unconscious,

but the vest saved his life.

How long were you going to keep him under wraps, Novack?

Until we found the person that masterminded the attack.

If he thinks we have Nasseen, and we're questioning him,

he'll go underground. We'll never catch him.

That's why I need you to keep this quiet.

Corporal Barry is up on murder charges.

Hey, nobody told him to shoot this guy.

Look, Rabb, you could bust us right now, but what will you gain?

Well, at the very least, I put an end to a bogus trial.

Granted. It'll also blow our investigation.

Where's your investigation right now anyway, Novack?

Nasseen's control was a Syrian. No name.

-He gave Nasseen 200,000 American dollars. -American, huh?

Nasseen told us where he stashed the money.

-We retrieved about half of it. -Any chance of tracing the serial numbers?

Oh, we think so. Whatever bank gave him the money,

most likely recorded the numbers.

Banks often do that when there's a large cash withdrawal.

Once we find the bank, we can backtrack to the source.

-How long is that going to take? -Couple days maybe,

depending on how difficult they made their financial conduits.

Meanwhile, the guy who masterminded this operation

is out spreading terror elsewhere.

All the more reason for you to keep your mouth shut about this.

[sighing]

[MacKenzie] We have to tell Admiral Morris.

Now, let's think about this a minute.

What's to think about? It's a mistrial.

The government falsified evidence and committed perjury.

If Barry could sue us, I'd take his case.

Five minutes ago, you wanted to hang him.

Five minutes ago, he was a murderer.

It's only by chance he's not.

Are you suggesting we let the trial continue, sir?

Of course not. But there is a greater good to be considered here.

There are also ethics involved, sir.

Some rules shouldn't be broken.

Mac...

No. She has a point.

Admiral, if I may suggest,

this really isn't our decision to make.

Set up the meeting.

Aye, aye, sir.

What is it, Major?

Sir, were you aware

that Nasseen was alive before today?

[sighing]

No, Major, I was not.

But in the kitchen, you...

Is there something else?

No, sir. Thank you, sir.

[Barry] I don't understand, sir.

You mean, I didn't kill anyone?

The terrorist survived the shooting.

The FBI has him.

How long have you known this?

We just found out.

-The autopsy report? -[MacKenzie] Phony.

Agent Novack misled us.

How about out-and-out lied?

Ms. Ressler, I'm not going to try to sugarcoat this.

The government messed up.

Obviously, the murder charges will be dropped.

Obviously. What about charging him with assault?

Any charges stemming from the shooting will be thrown out.

Of course, he will be discharged from the Corps.

Fine. Then if you'll be so kind

as to release my client immediately...

Oh, we can do that, but, uh,

in order to catch the person behind these bombings,

we can't reveal that the prisoner's alive.

Are you saying what I think you're saying?

We want to continue the trial, ma'am.

My client was looking at a possible death penalty

while the government played its spy games.

He's walking.

-Corporal... -Sir?

You can walk out that door right now a free man

or you can stay and help us.

Help you how, sir?

Continue the trial through the verdict and penalty phase.

No. Absolutely not.

There's a man out there determined to kill--!

[calmly] Determined to kill more Americans.

I'm asking you to stay and help us catch him.

Permission to speak freely, Admiral?

Shooting that guy...

I was wrong, sir.

That's what they do.

I don't want to be like them.

Now you're telling me I didn't kill anyone.

It's like a second chance.

Ma'am, thanks for your concern and everything.

This is something I've got to do.

Of course I'll help you, sir.

[Ressler] I won't be a part of this.

Counselor, I don't need to remind you

that everything you heard in here is privileged.

Don't worry, Admiral, I won't say anything.

No one would believe me anyway.

Let me know what the verdict is.

Commander...

you want your old job back, sir?

I have news.

Not another bombing.

No. We backtrailed the money.

-Where? -Washington, DC.

First Merchants Bank.

You know who has accounts at First Merchants Bank?

Commander Rabb, and Special Agent Novack, sir.

Come in, gentlemen. Have a seat.

Well, I understand you're back in the saddle

with Corporal Barry.

My little gal quit.

She didn't say why.

Do you know why?

Haven't a clue, but, uh, you know what they say.

Never a horse couldn't be rode,

never a rider couldn't be throwed.

[laughing]

Well, then, what can I do for you?

Well, we have some news for you, sir.

We know who financed the Wake Islandattack.

Really? Who?

[Rabb] You.

What in blazes you talking about?

Three months ago, you took a trip to Saudi Arabia.

That's right, a business trip. So?

You met with someone there. Who was it?

A Saudi businessman. We formed a joint venture

to build factories in the Middle East. I was to provide the capital,

he was to provide the clients. So what?

That businessman took your capital

and used it to finance the Wake Islandattack,

and probably the Central Hotel as well.

I'm sure many more to come.

I don't believe you.

You wired $4 million to a bank in Amsterdam.

From there, the money was sent via letter of credit

to a bank in Riyadh.

The cash was withdrawn and taken to Syria.

Here's some of it back.

We found it hidden in an apartment in Damascus.

Are you saying that my money was used

to finance terrorist attacks on Americans?

That's what we're saying.

The man's name was Fazal Kasi.

I talked to him this morning.

Another cash transfer

is due within 48 hours.

Fat chance.

No, sir.

Make that transfer.

[over radio] Intercept one, this is Control.

Subject is leaving the bank.

10-4, Control.

We got him.

[Chegwidden] Agent Novack just called.

They have Fazal Kasi.

Damn!

There was one small wrinkle; he's dead.

FBI was about to apprehend him

when he was gunned down in a drive-by.

Two bullets to the heart.

Are we sure that he's dead, sir?

We're sure.

-Who shot him? -They don't know.

Killers got away.

At least there's one less terrorist in the world.

Yes, sir, and, uh...

one more murderer.

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