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00:00:02,698 --> 00:00:04,656
[speaking native language]
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[grunts]
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[grunts]
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00:00:28,376 --> 00:00:29,333
[speaking native language]
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Condor, this is Alpha Two.
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00:00:43,347 --> 00:00:44,827
We have the package.
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[theme song playing]
8
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As you were.
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This morning, the
President authorized
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00:01:48,717 --> 00:01:50,632
the convening
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of a military tribunal.
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The tribunal will
take place aboard
the U.S.S. Seahawk.
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The accused is a top
Al Qaeda leader named...
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00:01:59,989 --> 00:02:02,992
Mustafa Atef.
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00:02:03,079 --> 00:02:06,082
As you know, there hasn't been
a military tribunal
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00:02:06,169 --> 00:02:08,867
in this country
for over 50 years.
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Now... I recognize the fact
that defending this man
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may be the hardest thing
any of you have ever done.
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00:02:16,788 --> 00:02:19,661
With that in mind,
I've decided to ask
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00:02:19,748 --> 00:02:23,360
for a volunteer.
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00:02:26,755 --> 00:02:29,671
Hell of a challenge, Commander.
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00:02:29,758 --> 00:02:33,849
Well, sir, if it is
the admiral's wish,
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I will do my best.
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00:02:35,807 --> 00:02:40,508
Don't hear a volunteer in that.
Colonel?
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Um, like the commander,
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I would do my best, sir.
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00:02:46,775 --> 00:02:49,995
Well...
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I will not order this one.
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I'll defend him myself.
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00:02:57,002 --> 00:02:58,874
Anyone for second chair?
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00:02:58,961 --> 00:03:03,400
Admiral, I'd be privileged
if you'll have me.
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Done.
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Commander, you and
the colonel will prosecute.
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Prepare to leave tonight.
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00:03:08,492 --> 00:03:10,712
Aye, aye, sir.
Yes, sir.
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00:03:10,799 --> 00:03:12,757
Lieutenant Singer, in
my absence you will
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00:03:12,844 --> 00:03:14,237
be in charge
of JAG administration.
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00:03:14,324 --> 00:03:16,326
You will e-mail me
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00:03:16,413 --> 00:03:19,460
sitreps twice a day
and decision documents
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with a single-page
cover summary.
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00:03:21,201 --> 00:03:23,855
Aye, aye, sir.
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00:03:23,942 --> 00:03:26,075
That'll be all.
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00:03:29,209 --> 00:03:31,994
Nice move, sir.
44
00:03:32,081 --> 00:03:33,169
Move, Lieutenant?
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00:03:33,256 --> 00:03:34,910
Wish I'd thought
quick enough
46
00:03:34,997 --> 00:03:36,564
to volunteer
for second chair.
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I spoke up because it's a chance
to be a part of history.
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00:03:39,654 --> 00:03:41,656
Not to mention lots
of extra face time
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00:03:41,743 --> 00:03:43,005
with the admiral,
right, sir?
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00:03:43,092 --> 00:03:44,572
Wrong, Lieutenant.
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00:03:44,659 --> 00:03:47,052
That didn't enter into
my thinking at all.
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00:03:47,139 --> 00:03:49,011
And you'll be
a much better officer
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00:03:49,098 --> 00:03:50,708
when it stops
entering into yours.
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00:03:52,319 --> 00:03:53,972
[MacKenzie]
How's your Fifth Amendment?
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00:03:54,059 --> 00:03:56,540
Kind of a personal question,
isn't it?
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00:03:56,627 --> 00:03:58,803
My constitutional law
could use a little work.
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00:03:58,890 --> 00:04:00,283
And we'd better come
up with a game plan
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00:04:00,370 --> 00:04:02,154
because you know the
admiral will have one.
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00:04:02,242 --> 00:04:03,939
We don't leave for Andrews
until 2300.
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00:04:04,026 --> 00:04:06,071
I'll order in so we can
do some issue spotting.
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00:04:06,158 --> 00:04:07,943
Why don't I cook,
and then we can carpool?
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00:04:08,030 --> 00:04:10,206
-Yeah, all right.
-Sir, ma'am?
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00:04:10,293 --> 00:04:12,600
I just want to say good luck.
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00:04:12,687 --> 00:04:16,125
It's the first time I've ever
wanted to prosecute someone
myself.
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00:04:16,212 --> 00:04:19,868
I think anyone involved in 9/11
ought to be drawn and quartered.
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00:04:24,786 --> 00:04:27,267
Is there anything you need to
prepare for your trip, Admiral?
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00:04:27,354 --> 00:04:29,269
No.
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00:04:30,879 --> 00:04:32,968
Perhaps some aspirin, sir.
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00:04:33,055 --> 00:04:35,449
[sighs and chuckles]
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00:04:35,536 --> 00:04:37,494
Thanks, Tiner.
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00:04:37,581 --> 00:04:39,757
Aye, sir.
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00:04:50,812 --> 00:04:52,770
Hey.
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00:04:52,857 --> 00:04:54,381
Hey, I didn't want to
spill anything on it.
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00:04:54,468 --> 00:04:55,817
-Let me hang it up.
-Thanks.
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00:04:55,904 --> 00:04:57,862
Let me take that.
76
00:04:57,949 --> 00:05:00,909
Whoa... this is nice.
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00:05:00,996 --> 00:05:04,478
Yeah, a little grilled
salmon and vegetables--
brain food.
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00:05:04,565 --> 00:05:06,001
Great. Can I help?
Let me do something.
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00:05:06,088 --> 00:05:07,655
No, it's all taken
care of-- have a seat.
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00:05:07,742 --> 00:05:09,700
Okay.
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00:05:09,787 --> 00:05:12,312
Well, the first issue is:
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00:05:12,399 --> 00:05:15,271
Can the President hold
a military tribunal at all?
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00:05:15,358 --> 00:05:18,056
Deciding criminal liability
should be a matter
for the courts.
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00:05:18,143 --> 00:05:19,754
Well, the answer is yes.
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00:05:19,841 --> 00:05:22,191
During World War II,
six German saboteurs
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00:05:22,278 --> 00:05:24,236
were tried and hanged
at a tribunal.
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00:05:24,324 --> 00:05:27,022
-The Supreme Court upheld it.
-But during the Civil War
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00:05:27,109 --> 00:05:29,546
the Supreme Court criticized
military tribunals.
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00:05:29,633 --> 00:05:31,983
That's because they
included U.S. citizens.
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00:05:32,070 --> 00:05:34,159
I think the president took
the curse off this thing, Mac,
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00:05:34,246 --> 00:05:37,293
when he excluded U.S.
citizens at tribunals.
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00:05:37,380 --> 00:05:38,947
These terrorists
are fair game.
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00:05:39,034 --> 00:05:40,688
You may have convinced
yourself of that, Harm,
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00:05:40,775 --> 00:05:42,603
but that's got to be
their opening salvo.
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00:05:42,690 --> 00:05:44,692
I don't think the
admiral's going to want
to tell the judges
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they came all that
way for nothing.
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00:05:45,867 --> 00:05:47,172
He'd lose, and he knows it.
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00:05:47,259 --> 00:05:49,087
We have to be prepared
for it, anyway.
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00:05:49,174 --> 00:05:50,959
That's a waste of time.
We have very little to spare.
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00:05:51,046 --> 00:05:52,961
The facts in this case
are so sensitive,
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00:05:53,048 --> 00:05:55,224
we don't even get them until
we're aboard the carrier.
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00:05:55,311 --> 00:05:58,096
I'm going to pass on the
jurisdiction line of attack.
My responsibility.
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00:05:58,183 --> 00:06:02,187
Um, excuse me,
but who made you first chair?
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[chuckles] The admiral mentioned
my name first.
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00:06:06,366 --> 00:06:07,932
So...?
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00:06:08,019 --> 00:06:10,935
All right, all right,
I'll tell you what.
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00:06:11,022 --> 00:06:12,372
We'll flip for it.
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00:06:12,459 --> 00:06:13,895
Okay.
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00:06:13,982 --> 00:06:15,766
You call it.
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-Heads.
-[coin clattering]
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00:06:17,899 --> 00:06:18,900
Oh!
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Ah. Sorry.
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You okay?
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00:06:21,424 --> 00:06:24,122
Yeah, but I'm
second chair.
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[chuckles]
I'll be gentle.
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00:06:26,255 --> 00:06:28,388
Don't be gentle.
Be good.
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[Roberts]
Hi, sweetie.
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00:06:32,261 --> 00:06:33,784
I'm dead tired
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00:06:33,871 --> 00:06:35,656
but in a really good way.
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00:06:35,743 --> 00:06:38,615
Miss you and A.J. like crazy.
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00:06:38,702 --> 00:06:41,139
A.J. and I miss you, too.
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00:06:41,226 --> 00:06:43,577
Commander Rabb
and Colonel MacKenzie
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00:06:43,664 --> 00:06:45,317
are on their way to you.
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00:06:45,405 --> 00:06:48,103
I know. They should be here
within the hour.
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00:06:48,190 --> 00:06:52,150
I can't wait. Be nice
to see a familiar face.
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00:06:52,237 --> 00:06:54,544
[Singer]
Lieutenant Sims...
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00:06:54,631 --> 00:06:56,416
Is there something I can do
for you, Lieutenant?
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00:06:56,503 --> 00:06:59,984
You can do your job
when you're on my time.
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00:07:00,071 --> 00:07:03,335
Listen up! Contrary to what
some of you may think
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00:07:03,423 --> 00:07:05,468
I am not the substitute teacher.
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While the admiral is away
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00:07:07,557 --> 00:07:10,517
this place is going to run
smoothly and by the numbers.
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00:07:10,604 --> 00:07:13,998
-Tiner! Tiner!
-Yes, ma'am.
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00:07:14,085 --> 00:07:15,870
-With me.
-Yes, ma'am.
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00:07:17,698 --> 00:07:21,136
[Roberts]
Still there?
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00:07:21,223 --> 00:07:22,703
[Harriet]
I'm still here.
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00:07:22,790 --> 00:07:24,400
How are things at JAG?
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00:07:24,487 --> 00:07:25,793
[alarm sounds]
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00:07:25,880 --> 00:07:27,142
What isthat?
140
00:07:27,229 --> 00:07:28,535
Fire drill, ma'am.
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00:07:28,622 --> 00:07:30,232
Let's go, people!
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00:07:30,319 --> 00:07:33,670
Secure classified material,
make an orderly exit.
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00:07:33,757 --> 00:07:35,759
Do it quickly!
Quickly!
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00:07:36,934 --> 00:07:38,545
[Harriet]
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00:07:43,724 --> 00:07:47,989
[man over P.A.]
Stand by on the flight deck!
Stand by on the flight deck!
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Judge Advocate General
arriving.
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00:07:50,600 --> 00:07:52,689
And salute!
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00:07:57,477 --> 00:08:00,567
Welcome aboard,
Admiral, Officers.
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00:08:00,654 --> 00:08:02,612
Let's get on with
this, shall we?
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00:08:02,699 --> 00:08:04,440
By all means, Admiral.
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00:08:04,527 --> 00:08:07,530
If you'll follow me,
Lieutenant Roberts
will see to your staff.
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00:08:09,924 --> 00:08:11,534
Good to see you again,
Petty Officer.
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00:08:11,621 --> 00:08:13,057
I didn't know you'd been
assigned to the Seahawk.
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00:08:13,144 --> 00:08:16,278
Yes, sir, as Lieutenant
Roberts' legalman.
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00:08:16,365 --> 00:08:18,672
Well, I hope you're keeping
your nose clean.
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00:08:18,759 --> 00:08:21,152
That's affirmative, sir.
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00:08:21,239 --> 00:08:23,851
Harriet never mentioned
that Petty Officer Coates
was your legalman.
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00:08:23,938 --> 00:08:27,202
Well, I-I don't think
that I told her, ma'am.
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00:08:27,289 --> 00:08:30,684
Well, Lieutenant,
if you haven't... you better.
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00:08:30,771 --> 00:08:32,729
Yes, sir.
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00:08:33,774 --> 00:08:36,864
Here we are.
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00:08:36,951 --> 00:08:38,909
Your desks are
right over here.
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00:08:38,996 --> 00:08:41,085
I'll get you all some coffee.
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00:08:41,172 --> 00:08:43,174
Thanks, Jen.
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00:08:43,958 --> 00:08:46,351
Sir, ma'am,
before we start
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00:08:46,438 --> 00:08:47,614
can I ask how Harriet's doing?
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00:08:47,701 --> 00:08:50,051
She's doing fine, Bud.
Why?
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00:08:50,138 --> 00:08:53,141
Well, we exchange e-mails
about 20 times a day...
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00:08:53,228 --> 00:08:56,579
and just today, I asked how
everything was going at JAG ,
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00:08:56,666 --> 00:08:58,538
and she said
that she was doomed.
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00:08:58,625 --> 00:09:02,019
[chuckles] I have two words for
you, Bud: Lieutenant Singer.
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00:09:02,106 --> 00:09:04,848
The admiral left her in charge
of support staff.
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00:09:04,935 --> 00:09:07,677
-She's senior.
-That's a prescription
for disaster.
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00:09:07,764 --> 00:09:09,287
It'll be all right.
175
00:09:09,374 --> 00:09:11,376
Oh, really?
Are we talking about the same
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00:09:11,463 --> 00:09:13,596
wildly ambitious
climber who...
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00:09:15,772 --> 00:09:19,254
Probably needs something
like this to see the light.
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00:09:19,341 --> 00:09:21,125
[Pike] Yeah, don't worry.
Let's talk about the case.
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00:09:21,212 --> 00:09:22,779
Can you fill us in?
180
00:09:22,866 --> 00:09:25,129
Uh, absolutely, ma'am.
Now, I haven't been part
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00:09:25,216 --> 00:09:29,656
of any of the interrogations,
but I have been briefed.
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00:09:29,743 --> 00:09:34,574
Now, the defendant's name
is Mustafa Atef.
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00:09:34,661 --> 00:09:37,446
He's a Saudi citizen and
a captain in the Saudi army.
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00:09:37,533 --> 00:09:41,319
He was trained in England,
he speaks eight languages
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00:09:41,406 --> 00:09:43,278
and, according to the best
information available ,
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00:09:43,365 --> 00:09:46,107
Mustafa was also known
as "Monhadese."
187
00:09:46,194 --> 00:09:48,544
-"The architect."
-And number three in Al Qaeda.
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00:09:48,631 --> 00:09:50,677
He's head of their
training program.
189
00:09:50,764 --> 00:09:53,680
That's all the camps worldwide--
Mohandese designed them
190
00:09:53,767 --> 00:09:56,030
he set them up,
he even wrote the
training manuals.
191
00:09:56,117 --> 00:10:00,077
Busy man. Do we have anything
linking this Mohandese to 9/11?
192
00:10:00,164 --> 00:10:03,080
Well, they're pretty sure
that he was part of 9/11, sir,
193
00:10:03,167 --> 00:10:05,909
but even proving that
Mustafa Atef and Mohandese
194
00:10:05,996 --> 00:10:07,694
are one and the same
won't be easy.
195
00:10:26,408 --> 00:10:28,105
Evening, Admiral...
196
00:10:28,192 --> 00:10:29,585
Commander.
197
00:10:29,672 --> 00:10:31,500
Webb, I didn't know
you were on board.
198
00:10:34,024 --> 00:10:37,245
I'm not.
199
00:10:37,332 --> 00:10:39,987
He's all yours,
Admiral, Commander.
200
00:10:44,992 --> 00:10:47,211
[heavy sigh]
201
00:10:47,298 --> 00:10:49,866
Mr. Atef, I'm
Admiral Chegwidden,
202
00:10:49,953 --> 00:10:51,738
this is Commander Turner.
203
00:10:51,825 --> 00:10:55,959
Whatever games you have
come to play, save them.
204
00:10:56,046 --> 00:10:59,006
Nothing more will I tell you.
205
00:10:59,093 --> 00:11:02,400
We're not here
to interrogate you,
we're attorneys.
206
00:11:02,487 --> 00:11:04,098
We came to defend you
of the war crimes
207
00:11:04,185 --> 00:11:05,534
of which you've been charged.
208
00:11:05,621 --> 00:11:09,799
Crimes.
209
00:11:09,886 --> 00:11:13,324
Americans have
the worst kind of arrogance.
210
00:11:13,411 --> 00:11:16,066
You think you alone
define truth.
211
00:11:16,153 --> 00:11:20,070
It us for you to say
what is right and
who is wrong.
212
00:11:20,157 --> 00:11:22,377
No.
213
00:11:22,464 --> 00:11:24,901
It is for Allah to say,
214
00:11:24,988 --> 00:11:27,774
and I require no defense.
215
00:11:27,861 --> 00:11:30,864
Mr. Atef, that's an
excellent approach
216
00:11:30,951 --> 00:11:33,214
if you want to be executed.
217
00:11:45,574 --> 00:11:47,707
All rise.
218
00:12:03,679 --> 00:12:05,115
Be seated.
219
00:12:07,596 --> 00:12:10,642
Is the Government
ready to proceed?
220
00:12:10,730 --> 00:12:12,253
If it pleases the court,
Your Honor,
221
00:12:12,340 --> 00:12:13,907
I'd like to object
to my client
222
00:12:13,994 --> 00:12:16,561
being shackled
like an animal.
223
00:12:16,648 --> 00:12:18,476
It's unnecessary,
inhumane, and prejudicial.
224
00:12:18,563 --> 00:12:20,827
[Rabb] Your Honor, the shackles
are there to ensure security
225
00:12:20,914 --> 00:12:23,525
and proper order
during these proceedings.
226
00:12:23,612 --> 00:12:26,615
Marines, remove the handcuffs,
leave the leg irons.
227
00:12:26,702 --> 00:12:30,445
If there are any incidents,
they'll be put back on.
228
00:12:30,532 --> 00:12:34,188
Ready, Commander.
229
00:12:34,275 --> 00:12:37,017
Your Honor, the Government calls
Army Captain Dale Alexander.
230
00:12:37,104 --> 00:12:39,541
Captain, what was your mission
on the night in question?
231
00:12:39,628 --> 00:12:42,631
Please describe it for the Court
in as much detail as possible.
232
00:12:42,718 --> 00:12:45,721
To apprehend Mustafa Atef,
a.k.a. Mohandese, sir.
233
00:12:45,808 --> 00:12:47,070
Objection.
Move to strike.
234
00:12:47,157 --> 00:12:48,593
It's not been
established that
235
00:12:48,680 --> 00:12:50,726
Mr. Atef and Mohandese
are one and the same.
236
00:12:50,813 --> 00:12:53,163
Sustained and stricken.
237
00:12:53,250 --> 00:12:54,991
Continue, Captain.
238
00:12:55,078 --> 00:12:58,081
Our A-team found
an unexploded GBU-15
239
00:12:58,168 --> 00:13:00,649
just outside of Mazar-e-Sharif.
240
00:13:00,736 --> 00:13:03,870
That's a 2,000-pound bomb--
could devastate the village.
241
00:13:03,957 --> 00:13:05,741
My demolitions man
deactivated it safely.
242
00:13:05,828 --> 00:13:07,308
The next day,
our guide told us that
243
00:13:07,395 --> 00:13:09,397
the local warlord,
General Hassan Abdullah
244
00:13:09,484 --> 00:13:11,268
was grateful and
wanted to see us.
245
00:13:11,355 --> 00:13:13,227
What did General Abdullah
have to say, Captain?
246
00:13:13,314 --> 00:13:15,055
[Chegwidden] Objection. Hearsay.
247
00:13:15,142 --> 00:13:17,057
Your Honor, this is not
a court-martial.
248
00:13:17,144 --> 00:13:19,407
The tribunal's evidentiary rules
expressly permit hearsay.
249
00:13:19,494 --> 00:13:20,843
Only that hearsay
which appears
250
00:13:20,930 --> 00:13:23,193
credible and reliable--
this is neither.
251
00:13:23,280 --> 00:13:25,848
Your Honor,
counsel is getting
ahead of himself.
252
00:13:25,935 --> 00:13:27,632
Our intent is
to compensate for
253
00:13:27,719 --> 00:13:30,331
the fog of war,
and to provide
a full and clear
254
00:13:30,418 --> 00:13:32,159
picture of the circumstances.
255
00:13:32,246 --> 00:13:34,726
That is what Captain Alexander's
testimony will do, sir.
256
00:13:34,814 --> 00:13:37,773
[whispering]
257
00:13:37,860 --> 00:13:40,950
-We'll allow it.
-Thank you.
258
00:13:41,037 --> 00:13:43,170
Captain, what did
General Abdullah
have to say?
259
00:13:43,257 --> 00:13:45,128
He said Mohandese
had contacted him
260
00:13:45,215 --> 00:13:47,304
for safe conduct
to the Pakistani border.
261
00:13:47,391 --> 00:13:48,915
To repay us for
saving the village,
262
00:13:49,002 --> 00:13:50,830
General Abdullah gave us
the time and place
263
00:13:50,917 --> 00:13:51,918
to apprehend
the accused.
264
00:13:52,005 --> 00:13:53,571
And is the man
General Abdullah
265
00:13:53,658 --> 00:13:55,573
identified as Mohandese
in this courtroom?
266
00:13:55,660 --> 00:13:58,098
Yes, sir.
He's right there.
267
00:13:58,185 --> 00:13:59,360
Thank you, Captain.
268
00:13:59,447 --> 00:14:01,275
Nothing further.
269
00:14:01,362 --> 00:14:05,366
Captain Alexander,
I have here a dossier
270
00:14:05,453 --> 00:14:09,500
on General Abdullah
prepared by you.
271
00:14:09,587 --> 00:14:13,548
In it, you state that
the General is a suspected
drug runner, don't you?
272
00:14:13,635 --> 00:14:16,029
-Yes, sir.
-You also state that
273
00:14:16,116 --> 00:14:18,640
he had former close ties
to Al Qaeda, is that correct?
274
00:14:18,727 --> 00:14:20,903
Yes, sir.
Makes him effective.
275
00:14:20,990 --> 00:14:23,950
Did it ever occur to you
that he might have
something to gain
276
00:14:24,037 --> 00:14:25,212
by fingering someone else
277
00:14:25,299 --> 00:14:26,909
as Mohandese?
278
00:14:26,996 --> 00:14:27,997
Objection.
Argumentative.
279
00:14:28,084 --> 00:14:29,869
Sustained.
280
00:14:29,956 --> 00:14:35,875
If General Abdullah was sure
that Mr. Atef was Mohandese
281
00:14:35,962 --> 00:14:38,181
he could have captured
him himself, couldn't he?
282
00:14:38,268 --> 00:14:40,836
No, sir. Right now he's running
a detention camp
283
00:14:40,923 --> 00:14:42,577
processing captured Taliban
and Al Qaeda.
284
00:14:44,013 --> 00:14:49,105
Captain Alexander, can you say
with 100% certainty
285
00:14:49,192 --> 00:14:51,891
that Mr. Atef is Mohandese?
286
00:14:53,762 --> 00:14:55,111
No, sir.
287
00:14:55,198 --> 00:14:57,026
Thank you.
Nothing further.
288
00:14:57,113 --> 00:14:58,854
Redirect, Commander.
289
00:14:58,941 --> 00:15:00,290
Yes, Your Honor.
290
00:15:00,377 --> 00:15:02,858
Captain, did you stop at
said detention camp
291
00:15:02,945 --> 00:15:05,513
for Taliban and Al Qaeda
while bringing the accused
to the ship?
292
00:15:05,600 --> 00:15:07,036
Yes, sir.
293
00:15:07,123 --> 00:15:08,820
Were your activities
there videotaped?
294
00:15:08,908 --> 00:15:10,822
-Yes, sir.
-Your Honor, I would like
295
00:15:10,910 --> 00:15:13,173
to draw the Court's attention
to the monitor on my left.
296
00:15:13,260 --> 00:15:17,351
[men chanting]
Mohandese, Mohandese,
Mohandese, Mohandese...
297
00:15:17,438 --> 00:15:19,179
[chanting continues]
298
00:15:24,532 --> 00:15:25,968
It seems the other detainees
299
00:15:26,055 --> 00:15:27,404
thought you had
the right man, Captain.
300
00:15:28,884 --> 00:15:31,104
Nothing further.
301
00:15:31,191 --> 00:15:34,020
Captain Alexander ,
302
00:15:34,107 --> 00:15:36,413
according to
your after-action report,
303
00:15:36,500 --> 00:15:40,504
something happened right before
you apprehended Mr. Atef.
304
00:15:40,591 --> 00:15:42,071
Can you describe
that for us, please?
305
00:15:42,158 --> 00:15:44,291
Yes, sir.
306
00:15:44,378 --> 00:15:46,728
Just as we reached our vehicle
to exfiltrate the target area,
307
00:15:46,815 --> 00:15:48,817
a sniper opened up.
308
00:15:50,732 --> 00:15:51,994
Take one; flank him.
309
00:15:52,081 --> 00:15:54,170
Trewick, follow me.
310
00:16:00,872 --> 00:16:02,918
When we reached
the sniper's position...
311
00:16:03,005 --> 00:16:05,573
he was gone.
312
00:16:05,660 --> 00:16:07,836
In fact, that sniper
could have been Mohandese
313
00:16:07,923 --> 00:16:09,838
and you wouldn't have known it,
would you?
314
00:16:09,925 --> 00:16:12,275
It's possible, sir,
but I believe--
315
00:16:12,362 --> 00:16:14,451
Thank you.
Nothing further.
316
00:16:14,538 --> 00:16:16,627
Uh, redirect again, Your Honor.
317
00:16:16,714 --> 00:16:18,107
[Sebring]
Proceed.
318
00:16:18,194 --> 00:16:20,066
Captain, who do you think
the sniper was?
319
00:16:20,153 --> 00:16:21,589
Could be anybody, sir.
320
00:16:21,676 --> 00:16:23,373
We encounter snipers
at least twice a day.
321
00:16:23,460 --> 00:16:25,071
Thank you. Nothing further.
322
00:16:27,812 --> 00:16:29,597
How do you think
it went today?
323
00:16:29,684 --> 00:16:31,338
Will the Afghani
warlord testify?
324
00:16:31,425 --> 00:16:33,470
Can Mustafa Atef
really get a fair trial?
325
00:16:33,557 --> 00:16:35,733
-He is getting a fair trial.
-We'll present our case,
326
00:16:35,820 --> 00:16:37,605
the accused will receive
a vigorous defense,
327
00:16:37,692 --> 00:16:39,433
and then the tribunal
members will decide.
328
00:16:39,520 --> 00:16:40,738
It's that simple.
Excuse us.
329
00:16:40,825 --> 00:16:42,523
How do you know
Mohandese is the man...
330
00:16:42,610 --> 00:16:44,829
-Thanks.
-Anytime. You okay?
331
00:16:44,916 --> 00:16:46,788
I will be as, soon as
this bastard goes down.
332
00:16:46,875 --> 00:16:48,311
We have his confession.
333
00:16:48,398 --> 00:16:51,445
The moment the judges
hear it, he's done.
334
00:16:51,532 --> 00:16:54,752
You fought hard
in there.
335
00:16:54,839 --> 00:16:57,886
Why?
336
00:16:57,973 --> 00:17:01,933
Mr. Atef, what happened
on September 11
337
00:17:02,021 --> 00:17:03,848
was reprehensible,
338
00:17:03,935 --> 00:17:09,332
but our way of life
entitles you to a fair trial,
339
00:17:09,419 --> 00:17:13,162
no matter
how cowardly the act.
340
00:17:13,249 --> 00:17:17,297
A wise precaution for
a nation so morally corrupt.
341
00:17:17,384 --> 00:17:23,172
Want to know what I say
about September 11?
342
00:17:23,259 --> 00:17:27,220
Every single person
who died that day
343
00:17:27,307 --> 00:17:30,614
got exactly what they deserved.
344
00:17:32,442 --> 00:17:33,661
Sir.
345
00:17:33,748 --> 00:17:35,097
Admiral.
346
00:17:51,331 --> 00:17:53,768
Lieutenant... Singer.
347
00:17:53,855 --> 00:17:56,118
I'll be working out of here
for now, Petty Officer.
348
00:17:56,205 --> 00:17:58,468
Are you sure that's
such a good...
349
00:18:00,166 --> 00:18:01,732
Yes, ma'am.
350
00:18:01,819 --> 00:18:03,995
Send in Lieutenant Sims.
351
00:18:04,083 --> 00:18:06,085
Aye, aye, sir. Ma'am.
352
00:18:06,172 --> 00:18:07,303
Lieutenant.
353
00:18:12,352 --> 00:18:14,354
What are you doing
in the admiral's office?
354
00:18:14,441 --> 00:18:18,445
My job. I want a complete update
of all JAG instructions.
355
00:18:18,532 --> 00:18:21,274
That means classified
materials handling,
356
00:18:21,361 --> 00:18:23,711
budgeting, personnel--
the whole nine yards
357
00:18:23,798 --> 00:18:26,496
and I want it on my desk
by the end of the week.
358
00:18:33,373 --> 00:18:35,331
Please state your name
and position.
359
00:18:35,418 --> 00:18:37,681
Clayton Webb. Assistant Deputy
Director
360
00:18:37,768 --> 00:18:39,683
for Operations,
Southwest Asia.
361
00:18:39,770 --> 00:18:41,294
And what is your role
in this case?
362
00:18:41,381 --> 00:18:43,034
I developed
the intelligence
363
00:18:43,122 --> 00:18:44,079
on the activities
of Mohandese,
364
00:18:44,166 --> 00:18:46,429
identifying him as a target
365
00:18:46,516 --> 00:18:48,039
for Special Forces.
366
00:18:48,127 --> 00:18:50,520
Subsequently,
I supervised his interrogation.
367
00:18:50,607 --> 00:18:52,783
And did you learn anything
during this interrogation?
368
00:18:52,870 --> 00:18:55,351
The accused confessed
to being Mohandese
369
00:18:55,438 --> 00:18:59,181
and to directing the training of
roughly 4,000 Al Qaeda fighters.
370
00:18:59,268 --> 00:19:00,574
Including the individuals
responsible
371
00:19:00,661 --> 00:19:02,097
for the September 11 attacks
372
00:19:02,184 --> 00:19:04,491
on the World Trade Center
and the Pentagon?
373
00:19:07,581 --> 00:19:09,452
Yes.
374
00:19:09,539 --> 00:19:12,368
Your Honor, the transcript
of said interrogation
375
00:19:12,455 --> 00:19:13,630
is hereby offered
into evidence.
376
00:19:13,717 --> 00:19:14,979
Nothing further.
377
00:19:15,066 --> 00:19:16,372
[Sebring]
Defense, your witness.
378
00:19:18,679 --> 00:19:21,812
How long did it take Mr. Atef
to enter this confession?
379
00:19:21,899 --> 00:19:23,771
13 days.
380
00:19:23,858 --> 00:19:27,253
During that 13 days, what was
Mr. Atef's environment like?
381
00:19:27,340 --> 00:19:29,777
He was under
hostile interrogation.
382
00:19:29,864 --> 00:19:32,171
Can you elaborate
for us, Mr. Webb?
383
00:19:32,258 --> 00:19:35,348
Bright phosphorescent lights
on all day and all night.
384
00:19:35,435 --> 00:19:37,437
Loud, heavy metal
music.
385
00:19:37,524 --> 00:19:41,005
Alternating extremes
of cold and heat.
386
00:19:41,092 --> 00:19:44,487
And did being sleep-deprived,
sore from restraints,
387
00:19:44,574 --> 00:19:47,316
rattled by noise,
temperature, and light
388
00:19:47,403 --> 00:19:50,101
get Mr. Atef
to confess?
389
00:19:50,189 --> 00:19:52,191
No.
390
00:19:52,278 --> 00:19:54,236
We introduced a Pentothal agent.
391
00:19:54,323 --> 00:19:57,326
Though Pentothal agents
are commonly referred to
as "truth serums"
392
00:19:57,413 --> 00:19:59,589
are you aware that
a person could
393
00:19:59,676 --> 00:20:01,635
still confess to something
they didn't do
394
00:20:01,722 --> 00:20:03,202
just to be let alone?
395
00:20:03,289 --> 00:20:05,682
Objection. Counsel is providing
his own testimony.
396
00:20:05,769 --> 00:20:07,162
Withdrawn.
397
00:20:07,249 --> 00:20:09,120
Thank you, Mr. Webb.
398
00:20:09,208 --> 00:20:10,557
Redirect, Colonel?
399
00:20:10,644 --> 00:20:13,212
-No, Your Honor.
-Very well.
400
00:20:13,299 --> 00:20:14,343
You may step down,
Mr. Webb.
401
00:20:14,430 --> 00:20:15,736
Thank you.
402
00:20:21,655 --> 00:20:23,396
Your Honor, I must move
403
00:20:23,483 --> 00:20:26,442
to exclude Mustafa Atef's
confession.
404
00:20:26,529 --> 00:20:28,531
13 days of torture
to obtain
405
00:20:28,618 --> 00:20:31,317
an involuntary confession
shocks the conscience,
406
00:20:31,404 --> 00:20:35,277
violating both
the spirit and the letter
of the Fifth Amendment.
407
00:20:35,364 --> 00:20:37,323
Your Honor, I strongly object
to the word "torture."
408
00:20:37,410 --> 00:20:39,890
At no time was
the accused beaten
409
00:20:39,977 --> 00:20:42,328
or was there ever any
intentional infliction of pain.
410
00:20:42,415 --> 00:20:45,722
Furthermore, Your Honor,
we are at war, and
the Fifth Amendment
411
00:20:45,809 --> 00:20:46,941
does not apply
to our enemies.
412
00:20:47,028 --> 00:20:48,595
The very idea is ridiculous.
413
00:20:48,682 --> 00:20:49,726
Agreed. Defense--
414
00:20:49,813 --> 00:20:51,293
Your Honor,
415
00:20:51,380 --> 00:20:52,642
I'm going to have
to call for a vote on this.
416
00:20:52,729 --> 00:20:56,124
[all whispering]
417
00:21:03,392 --> 00:21:05,176
The Government is correct.
418
00:21:05,264 --> 00:21:07,570
The Fifth Amendment
does not apply here.
419
00:21:07,657 --> 00:21:10,747
However, this commission
is going to exclude
420
00:21:10,834 --> 00:21:12,967
Mr. Atef's involuntary
confession as lacking
421
00:21:13,054 --> 00:21:15,404
probative value
to a reasonable person,
422
00:21:15,491 --> 00:21:17,101
under the described
circumstances.
423
00:21:17,188 --> 00:21:18,538
Continue.
424
00:21:18,625 --> 00:21:20,017
[Rabb] Your Honor,
the Government rests
425
00:21:20,104 --> 00:21:21,715
but we reserve the right, sir,
426
00:21:21,802 --> 00:21:23,456
to call new witnesses
in rebuttal.
427
00:21:23,543 --> 00:21:26,110
Noted. Will the defense be
presenting evidence?
428
00:21:26,197 --> 00:21:27,677
-Yes, Your Honor.
-Very well.
429
00:21:27,764 --> 00:21:30,114
We'll recess and begin hearing
the defense case
430
00:21:30,201 --> 00:21:32,726
at 1330... sharp.
431
00:21:32,813 --> 00:21:34,249
[gavel bangs]
432
00:21:34,336 --> 00:21:36,338
That was big.
Without the confession,
433
00:21:36,425 --> 00:21:38,427
the I.D. as Mohandese
might not stand up.
434
00:21:38,514 --> 00:21:40,734
Yeah, it just might be enough
for reasonable doubt.
435
00:21:40,821 --> 00:21:43,171
We could put the warlord
who made the I.D. on the stand.
436
00:21:43,258 --> 00:21:45,173
With his past history?
437
00:21:45,260 --> 00:21:46,261
[footsteps]
438
00:21:52,615 --> 00:21:54,704
Look at that guy.
439
00:21:54,791 --> 00:21:56,880
Wait a minute.
440
00:21:56,967 --> 00:22:00,449
There were dozens of prisoners
chanting his name on the tape.
441
00:22:00,536 --> 00:22:02,451
Maybe we can flip one of them
to corroborate.
442
00:22:02,538 --> 00:22:04,671
Maybe.
443
00:22:22,602 --> 00:22:23,690
[knocking]
444
00:22:23,777 --> 00:22:24,952
[Captain Johnson]
Enter.
445
00:22:25,039 --> 00:22:27,041
Excuse us, Skipper...
446
00:22:27,128 --> 00:22:30,871
Sir, we wanted to request
permission to go ashore.
447
00:22:30,958 --> 00:22:33,743
We need a witness to corroborate
the I.D. on Mohandese.
448
00:22:33,830 --> 00:22:36,267
We want to look in General
Abdullah's detention camp, sir.
449
00:22:36,355 --> 00:22:37,660
Well, Mr. Webb here is looking
450
00:22:37,747 --> 00:22:39,532
for transportation
to the same place.
451
00:22:39,619 --> 00:22:41,447
Please, sit down.
452
00:22:44,580 --> 00:22:45,886
All right.
453
00:22:45,973 --> 00:22:48,236
This can't leave the room.
454
00:22:48,323 --> 00:22:51,021
We believe the sniper
in question
455
00:22:51,108 --> 00:22:53,894
is Mustafa Atef's
brother, Kabir.
456
00:22:53,981 --> 00:22:55,286
Why?
457
00:22:55,374 --> 00:22:58,028
He's Al Qaeda's top
intelligence operative.
458
00:22:58,115 --> 00:23:01,380
He probably got
wind of our plan
to apprehend Mustafa.
459
00:23:01,467 --> 00:23:03,643
-But got there too late.
-Exactly.
460
00:23:03,730 --> 00:23:05,427
Like his
brother, Mustafa
461
00:23:05,514 --> 00:23:08,952
Kabir was trained by us
and the British.
462
00:23:09,039 --> 00:23:10,301
Ex-Saudi intelligence.
463
00:23:10,389 --> 00:23:12,521
He's an accomplished
marksman.
464
00:23:12,608 --> 00:23:14,393
He's supported by a cadre
of loyal operatives
465
00:23:14,480 --> 00:23:16,525
and a web
of intelligence contacts
466
00:23:16,612 --> 00:23:18,092
that span the globe.
467
00:23:18,179 --> 00:23:19,876
I wish we'd known
about this earlier, Webb.
468
00:23:21,443 --> 00:23:24,011
Kabir was seen last week
in Pakistan.
469
00:23:24,098 --> 00:23:26,535
NSA picked up an escalation
of encrypted communication
470
00:23:26,622 --> 00:23:29,408
between Afghanistan,
Pakistan, and Iran.
471
00:23:29,495 --> 00:23:33,368
The sheer volume of it suggests
a prelude to an attack.
472
00:23:33,455 --> 00:23:35,936
-NSA hasn't decrypted it?
-They will.
473
00:23:36,023 --> 00:23:38,417
What really concerns me
is that Mustafa Atef knew
474
00:23:38,504 --> 00:23:41,332
staying in country was
a big risk, but he didn't leave.
475
00:23:41,420 --> 00:23:43,378
He was waiting for
Kabir to get back
from Pakistan.
476
00:23:43,465 --> 00:23:45,424
That information must have been
awfully important, ma'am.
477
00:23:45,511 --> 00:23:48,035
Which makes it important
to us, vital.
478
00:23:48,122 --> 00:23:50,559
Now, I just ordered a sweep that
netted a lot of Al Qaeda
479
00:23:50,646 --> 00:23:52,343
in the same vicinity
we got Mustafa.
480
00:23:52,431 --> 00:23:54,171
There's a good chance
Kabir was picked up
481
00:23:54,258 --> 00:23:56,652
and is sitting in General
Abdullah's camp right now.
482
00:23:56,739 --> 00:23:59,960
-I'll spare you a helo.
-Let's go, Webb.
483
00:24:00,047 --> 00:24:02,702
Oh, hold on.
You're First Chair.
484
00:24:02,789 --> 00:24:04,573
Good thinking. You
take over till I get back.
485
00:24:04,660 --> 00:24:06,009
Sir?
486
00:24:06,096 --> 00:24:08,185
Colonel MacKenzie is
fluent in Farsi.
487
00:24:10,710 --> 00:24:12,451
That's true.
488
00:24:12,538 --> 00:24:14,496
All right, Colonel, you go.
489
00:24:14,583 --> 00:24:17,107
Outstanding.
Let's get it
in gear, Webb.
490
00:24:17,194 --> 00:24:18,892
Captain.
491
00:24:22,852 --> 00:24:25,551
I have a Ph.D.
in international relations
492
00:24:25,638 --> 00:24:27,248
and a Master of Laws
from Oxford
493
00:24:27,335 --> 00:24:28,728
where I've taught
international law
494
00:24:28,815 --> 00:24:32,035
and military justice
for the last 30 years.
495
00:24:32,122 --> 00:24:34,342
Professor Sinclair,
what constitutes
496
00:24:34,429 --> 00:24:37,084
a legal combatant
under the Geneva
Convention?
497
00:24:37,171 --> 00:24:40,391
[Sinclair] A member of
the armed forces
or militia of the territory
498
00:24:40,479 --> 00:24:41,741
who wears distinctive insignia
499
00:24:41,828 --> 00:24:43,307
or carries arms openly,
500
00:24:43,394 --> 00:24:45,353
conducts operations
in accordance
501
00:24:45,440 --> 00:24:47,007
with the laws
and customs of war.
502
00:24:47,094 --> 00:24:49,357
Can a legal combatant
who follows
503
00:24:49,444 --> 00:24:52,926
the laws of war be subject
to a tribunal such as this?
504
00:24:53,013 --> 00:24:55,319
-No.
-The government hasn't proven
505
00:24:55,406 --> 00:24:57,365
that Mr. Atef is Mohandese,
506
00:24:57,452 --> 00:24:58,932
but for the sake
of argument,
507
00:24:59,019 --> 00:25:01,935
let's discuss Mohandese.
508
00:25:02,022 --> 00:25:05,721
In your expert opinion,
does Mohandese fit
509
00:25:05,808 --> 00:25:08,245
the requirements
for a legal combatant?
510
00:25:08,332 --> 00:25:10,987
Indeed, Al Qaeda is
a militia group
511
00:25:11,074 --> 00:25:12,467
of international
membership
512
00:25:12,554 --> 00:25:14,164
akin to the French
Foreign Legion.
513
00:25:14,251 --> 00:25:16,602
Mohandese was known to wear
a braided officer's cap
514
00:25:16,689 --> 00:25:18,908
and to carry a pistol
at his hip.
515
00:25:18,995 --> 00:25:22,564
If Mohandese was connected
to the September 11 attacks
516
00:25:22,651 --> 00:25:25,567
would that action be contrary
to the laws of war?
517
00:25:25,654 --> 00:25:27,526
No. The World Trade Center
518
00:25:27,613 --> 00:25:29,702
could be characterized as key
519
00:25:29,789 --> 00:25:33,140
to U.S. financial infrastructure
and thus key to its war effort.
520
00:25:33,227 --> 00:25:34,620
Obviously,
there's no question
521
00:25:34,707 --> 00:25:36,709
that the Pentagon was
a military target.
522
00:25:36,796 --> 00:25:40,669
Thank you.
Nothing further.
523
00:25:40,756 --> 00:25:45,326
Professor, is your
contention that the
braided officer's cover
524
00:25:45,413 --> 00:25:49,504
Mohandese often
wore was distinctive
military insignia?
525
00:25:49,591 --> 00:25:51,375
Yes, and he wore it
every day.
526
00:25:51,462 --> 00:25:53,508
Professor, I would bet
that you wear
527
00:25:53,595 --> 00:25:54,814
a jacket and a tie
most every day.
528
00:25:54,901 --> 00:25:56,250
Would that be correct?
529
00:25:56,337 --> 00:25:58,382
-Yes.
-But you wouldn't consider that
530
00:25:58,469 --> 00:26:02,212
-a military uniform, would you?
-I am an academic,
not a soldier.
531
00:26:02,299 --> 00:26:05,389
Well, Mohandese is not
a soldier, Professor--
he's a terrorist.
532
00:26:05,476 --> 00:26:07,304
-[Chegwidden] Objection!
-Withdrawn.
533
00:26:07,391 --> 00:26:09,611
Professor, the fact
that Mohandese wore
534
00:26:09,698 --> 00:26:11,221
a particular item
of clothing every day
535
00:26:11,308 --> 00:26:12,614
does not, under
the Geneva Convention
536
00:26:12,701 --> 00:26:14,790
make it a military
uniform, does it?
537
00:26:16,052 --> 00:26:17,706
No.
538
00:26:17,793 --> 00:26:22,450
You also testified that the
custom of war allows for
539
00:26:22,537 --> 00:26:24,452
the hitting of infrastructure,
but doesn't that pertain
540
00:26:24,539 --> 00:26:28,282
-to infrastructure directly
related to a war effort?
-Yes.
541
00:26:28,369 --> 00:26:31,764
But there was no war at
the time of the September 11
attacks, was there?
542
00:26:31,851 --> 00:26:33,461
There was for Al Qaeda.
543
00:26:33,548 --> 00:26:34,897
The jihad that has existed
544
00:26:34,984 --> 00:26:37,030
since the occupation
of Palestine.
545
00:26:37,117 --> 00:26:38,771
Still, the Geneva Convention
546
00:26:38,858 --> 00:26:41,687
expressly forbids the taking
of hostages, doesn't it?
547
00:26:41,774 --> 00:26:44,907
Yes, but I am not aware that
any hostages were taken.
548
00:26:44,994 --> 00:26:47,475
There were several hundred men,
women, and children
549
00:26:47,562 --> 00:26:50,957
aboard the four aircraft
that were hijacked by
the Al Qaeda terrorists.
550
00:26:51,044 --> 00:26:52,915
Are you telling this tribunal
they weren't hostages?
551
00:26:53,002 --> 00:26:54,700
There was never any ransom
552
00:26:54,787 --> 00:26:57,354
or demand made to indicate
that the individuals
553
00:26:57,441 --> 00:27:00,531
aboard those aircraft
were intended to be hostages.
554
00:27:00,619 --> 00:27:01,794
Are you kidding me?
555
00:27:01,881 --> 00:27:03,491
Objection! Argumentative.
556
00:27:03,578 --> 00:27:06,929
I have no further questions,
Your Honor.
557
00:27:09,192 --> 00:27:12,587
Allahu Akbar.
558
00:27:14,807 --> 00:27:16,504
[speaking native language]
559
00:27:22,989 --> 00:27:25,556
Clayton Webb, here to see
General Abdullah.
560
00:27:29,038 --> 00:27:31,780
[rifle cocking]
561
00:27:31,867 --> 00:27:35,654
[speaking Farsi]
562
00:27:38,526 --> 00:27:39,788
Colonel MacKenzie.
563
00:27:39,875 --> 00:27:41,268
Gunny, what are
you doing here ,
564
00:27:41,355 --> 00:27:43,009
and when did you learn
to speak Farsi?
565
00:27:43,096 --> 00:27:44,358
[speaking Farsi]
566
00:27:44,445 --> 00:27:45,838
Nice of you to call
it Farsi, ma'am.
567
00:27:45,925 --> 00:27:47,143
[Webb]
That's right.
568
00:27:47,230 --> 00:27:49,145
-You're with JAG in Washington.
-Yes, sir.
569
00:27:49,232 --> 00:27:50,799
Before there was a war on .
It's good to see you, Gunny.
570
00:27:50,886 --> 00:27:53,236
Good to see you, ma'am.
Excuse my appearance.
571
00:27:53,323 --> 00:27:55,543
I just came in off patrol
for some sleep and chow ,
572
00:27:55,630 --> 00:27:56,849
then I'm back out tomorrow.
573
00:27:56,936 --> 00:27:58,241
You looked dressed
for Special Ops.
574
00:27:58,328 --> 00:27:59,634
Is that so, ma'am?
575
00:27:59,721 --> 00:28:00,896
So, how's everybody
back at JAG?
576
00:28:00,983 --> 00:28:02,855
Well, the Admiral's
doing great.
577
00:28:02,942 --> 00:28:04,857
Lieutenant Roberts snagged
carrier JAG aboard the Seahawk.
578
00:28:04,944 --> 00:28:07,120
-And Harm is, you know, Harm.
-Yeah.
579
00:28:07,207 --> 00:28:09,122
-How are you doing?
-Never been better.
580
00:28:09,209 --> 00:28:11,472
Excuse me, where can we
find General Abdullah?
581
00:28:11,559 --> 00:28:13,909
-I'll take you there, sir.
-Thank you.
582
00:28:19,480 --> 00:28:20,786
You're a woman.
583
00:28:20,873 --> 00:28:23,223
Last time I checked, General.
584
00:28:23,310 --> 00:28:24,746
[speaking Farsi]
585
00:28:24,833 --> 00:28:27,357
-I'm Colonel MacKenzie.
-[speaking Farsi]
586
00:28:27,444 --> 00:28:30,360
And you, friend Webb,
what can I do for you?
587
00:28:30,447 --> 00:28:32,058
I'm looking for
Kabir Atef.
588
00:28:32,145 --> 00:28:34,234
Can you identify him
if he's here?
589
00:28:34,321 --> 00:28:38,281
I regret I cannot.
Kabir has many faces.
590
00:28:38,368 --> 00:28:39,848
We have 40 new prisoners.
591
00:28:39,935 --> 00:28:42,546
Even if he was among them,
I would not know.
592
00:28:42,633 --> 00:28:44,200
Can we interview
the prisoners one at a time?
593
00:28:44,287 --> 00:28:48,117
-I am afraid few speak English.
-[speaking Farsi]
594
00:28:48,204 --> 00:28:51,599
[speaking Farsi] The Red Cross
is checking on them now ,
595
00:28:51,686 --> 00:28:52,905
so I will show you
to your quarters.
596
00:28:52,992 --> 00:28:54,907
In the morning,
I will see to it
597
00:28:54,994 --> 00:28:56,865
all the prisoners are made
available to you.
598
00:28:56,952 --> 00:28:58,084
Come.
599
00:29:00,913 --> 00:29:03,263
[knocking]
600
00:29:03,350 --> 00:29:04,699
Enter.
601
00:29:05,482 --> 00:29:08,659
Evening, sir. I just got word
that Colonel MacKenzie made
602
00:29:08,747 --> 00:29:10,139
her regular
scheduled check-in.
603
00:29:10,226 --> 00:29:12,359
All is proceeding
on mission, sir.
604
00:29:12,446 --> 00:29:15,841
-Thank you.
-Commander, I was wondering
605
00:29:15,928 --> 00:29:18,408
if maybe you'd want to take
a break and have a game
of chess?
606
00:29:18,495 --> 00:29:21,890
-Winner plays me.
-Oh, she's good, sir,
but beatable.
607
00:29:21,977 --> 00:29:23,500
No, thank you.
608
00:29:23,587 --> 00:29:24,850
That'll be all.
609
00:29:24,937 --> 00:29:26,634
Aye, aye, sir.
610
00:29:32,161 --> 00:29:34,468
-He's mad at me.
-Sir, he's just busy.
611
00:29:34,555 --> 00:29:37,558
No, I've seen him busy,
I've seen him stressed
612
00:29:37,645 --> 00:29:39,560
I've seen him
damn near dead.
613
00:29:39,647 --> 00:29:42,258
He's never talked to me
like this before.
614
00:29:42,345 --> 00:29:45,000
The Defense recalls
Captain Dale Alexander.
615
00:29:51,659 --> 00:29:55,402
Captain Alexander,
are you a terrorist?
616
00:29:55,489 --> 00:29:58,405
Objection. Argumentative,
and calls for a conclusion.
617
00:29:58,492 --> 00:30:01,016
Your Honor, I'm developing
testimony from a hostile
witness.
618
00:30:01,103 --> 00:30:02,409
If I might have
a little latitude.
619
00:30:02,496 --> 00:30:04,019
A little, Commander.
620
00:30:04,106 --> 00:30:07,327
-Captain, are you a terrorist?
-No, sir.
621
00:30:07,414 --> 00:30:09,329
As an Army Special
Forces Officer ,
622
00:30:09,416 --> 00:30:10,765
what is your primary mission?
623
00:30:10,852 --> 00:30:12,375
To train indigenous forces
624
00:30:12,462 --> 00:30:14,029
in unconventional warfare.
625
00:30:14,116 --> 00:30:15,901
Does that training include how
626
00:30:15,988 --> 00:30:17,424
and where to place land mines?
627
00:30:17,511 --> 00:30:19,165
It can, sir.
628
00:30:19,252 --> 00:30:21,863
Do you teach the use and
construction of booby traps?
629
00:30:21,950 --> 00:30:23,473
Sometimes, sir.
630
00:30:23,560 --> 00:30:25,475
Are you aware that land mines
and booby traps
631
00:30:25,562 --> 00:30:27,477
can injure innocent
noncombatants?
632
00:30:27,564 --> 00:30:29,392
Any weapons system can.
633
00:30:29,479 --> 00:30:33,919
But many land mine
and booby traps can't be aimed
634
00:30:34,006 --> 00:30:36,312
to avoid injuries
to noncombatants ,
635
00:30:36,399 --> 00:30:37,618
can they?
636
00:30:37,705 --> 00:30:39,054
That's true, sir.
637
00:30:39,141 --> 00:30:40,839
But our mines have
self-deactivating
638
00:30:40,926 --> 00:30:42,841
self-destructing mechanisms.
639
00:30:42,928 --> 00:30:45,669
And booby traps are confined to
only threat-rich environments.
640
00:30:45,756 --> 00:30:48,368
Still, any time
you teach the use
641
00:30:48,455 --> 00:30:50,413
of a land mine or a booby trap
642
00:30:50,500 --> 00:30:51,980
you may also be teaching
643
00:30:52,067 --> 00:30:53,677
the killing of
noncombatants, correct?
644
00:30:53,764 --> 00:30:55,375
Your Honor, argumentative ,
645
00:30:55,462 --> 00:30:57,681
and Captain Alexander
is not on trial here.
646
00:30:57,768 --> 00:30:59,640
Withdrawn.
One final question.
647
00:30:59,727 --> 00:31:02,556
On certain operations,
Special Forces personnel
648
00:31:02,643 --> 00:31:04,036
remove all insignia.
649
00:31:04,123 --> 00:31:06,690
Your dog tags, anything
that could identify you.
650
00:31:06,777 --> 00:31:08,083
Is that correct?
651
00:31:08,170 --> 00:31:09,650
That's classified, sir.
652
00:31:09,737 --> 00:31:13,306
Let the record reflect
that was not a "no."
653
00:31:13,393 --> 00:31:15,134
Nothing further.
654
00:31:15,221 --> 00:31:17,527
[Sebring]
Commander Rabb.
655
00:31:17,614 --> 00:31:19,225
I have one question, Captain.
656
00:31:19,312 --> 00:31:22,358
Have you ever trained troops
to use land mines or booby traps
657
00:31:22,445 --> 00:31:24,578
in an area where there were
only noncombatants?
658
00:31:24,665 --> 00:31:27,494
-No, sir.
-[Rabb] Thank you, Captain.
659
00:31:27,581 --> 00:31:28,930
Nothing further.
660
00:31:29,017 --> 00:31:30,584
Defense rests, Your Honor.
661
00:31:30,671 --> 00:31:32,238
Thank you, Captain.
662
00:31:32,325 --> 00:31:34,501
You may step down.
663
00:31:34,588 --> 00:31:37,112
Your Honor, the Government calls
664
00:31:37,199 --> 00:31:40,376
rebuttal witness Mustafa Atef
to the stand.
665
00:31:40,463 --> 00:31:42,857
The Defense opposes that,
Your Honor.
666
00:31:42,944 --> 00:31:44,337
Your Honor, the tribunal
has already ruled
667
00:31:44,424 --> 00:31:45,773
the Fifth Amendment
does not apply here.
668
00:31:45,860 --> 00:31:47,601
The only evidentiary standard
669
00:31:47,688 --> 00:31:49,385
is probative value
to a reasonable person.
670
00:31:49,472 --> 00:31:51,083
What could be
more probative
671
00:31:51,170 --> 00:31:52,736
than the accused's
own testimony?
672
00:31:52,823 --> 00:31:56,218
Mr. Atef can not be required
to testify.
673
00:31:56,305 --> 00:31:57,567
Why?
Is he hiding something?
674
00:31:57,654 --> 00:31:59,221
Doesn't he want to tell
his side?
675
00:31:59,308 --> 00:32:01,006
I have nothing to hide.
676
00:32:02,746 --> 00:32:05,314
I will testify.
677
00:32:10,624 --> 00:32:12,452
[Sebring]
Very well.
678
00:32:12,539 --> 00:32:15,542
The Defense will have
a short recess to prepare.
679
00:32:19,894 --> 00:32:21,896
[speaking Farsi]
680
00:32:32,167 --> 00:32:34,953
The colonel wanted them
brought out one at a time.
681
00:32:35,040 --> 00:32:37,129
They're here now.
682
00:32:39,914 --> 00:32:42,134
Ask him if Kabir Atef
is among them.
683
00:32:42,221 --> 00:32:44,266
[speaking Farsi]
684
00:32:49,097 --> 00:32:50,316
[speaks Farsi]
685
00:32:50,403 --> 00:32:52,057
No.
686
00:32:52,144 --> 00:32:53,841
[speaking Farsi]
687
00:32:55,234 --> 00:33:00,152
[speaking Farsi]
688
00:33:00,239 --> 00:33:02,284
I asked if anyone
knows Mohandese.
689
00:33:02,371 --> 00:33:03,590
He said they only know
690
00:33:03,677 --> 00:33:05,461
why they're here.
691
00:33:05,548 --> 00:33:07,202
[speaking Farsi]
692
00:33:08,377 --> 00:33:09,857
To kill you!
693
00:33:17,952 --> 00:33:19,301
Hold your fire!
694
00:33:24,350 --> 00:33:26,482
We are leaving right now.
695
00:33:26,569 --> 00:33:28,528
or I will cut her head
from her shoulders.
696
00:33:33,924 --> 00:33:35,143
This won't work.
697
00:33:35,230 --> 00:33:36,971
-I will kill her!
-Let her go!
698
00:33:37,058 --> 00:33:39,582
Stay back!
You shoot, she will die.
699
00:33:39,669 --> 00:33:42,324
-Calm down.
-I will kill the American.
700
00:33:42,411 --> 00:33:45,327
-Just calm down.
-Set my brothers free,
or watch her die.
701
00:33:45,414 --> 00:33:47,199
-Don't set anybody free.
-Shut up!
702
00:33:47,286 --> 00:33:49,027
Drop your guns,
all of you.
703
00:33:49,114 --> 00:33:50,376
They're not dropping
anything.
704
00:33:50,463 --> 00:33:51,681
I said shut up!
705
00:33:51,768 --> 00:33:54,162
[speaking Farsi]
706
00:34:00,560 --> 00:34:03,171
Do it, General.
707
00:34:03,258 --> 00:34:05,043
-Drop your guns.
-No.
708
00:34:05,130 --> 00:34:07,175
Damn it, put them down.
709
00:34:07,262 --> 00:34:11,832
All of you, put
your weapons down.
710
00:34:20,232 --> 00:34:21,885
Tell them
to open the gate.
711
00:34:21,972 --> 00:34:25,063
[speaking Farsi]
712
00:34:35,464 --> 00:34:37,945
[speaking Farsi]
713
00:34:54,266 --> 00:34:55,397
[gunshot]
714
00:35:08,280 --> 00:35:10,412
I knew if he thought
he was getting his way,
715
00:35:10,499 --> 00:35:12,110
he'd relax and
give you an opening.
716
00:35:19,508 --> 00:35:21,858
[Rabb]
State your name for the record.
717
00:35:21,945 --> 00:35:24,600
[Atef] You know who I am.
718
00:35:24,687 --> 00:35:26,689
For the record, sir.
719
00:35:26,776 --> 00:35:30,519
Whose record?
720
00:35:30,606 --> 00:35:33,392
Permission to treat as a hostile
witness, Your Honor.
721
00:35:33,479 --> 00:35:35,089
Granted, Commander.
722
00:35:35,176 --> 00:35:37,352
"For the record"
means for the world.
723
00:35:37,439 --> 00:35:38,745
So for the record,
724
00:35:38,832 --> 00:35:42,444
your name Mustafa Atef,
is that correct?
725
00:35:42,531 --> 00:35:45,099
-Yes.
-And you're a member
of an organization
726
00:35:45,186 --> 00:35:46,753
known as Al Qaeda?
727
00:35:46,840 --> 00:35:48,494
For your record...
728
00:35:48,581 --> 00:35:51,149
I am a soldier.
729
00:35:51,236 --> 00:35:54,717
I've been one
all my life.
730
00:35:54,804 --> 00:35:56,763
From military school
in England
731
00:35:56,850 --> 00:35:59,374
beginning at the age of six
732
00:35:59,461 --> 00:36:00,897
to serving in the Saudi army
733
00:36:00,984 --> 00:36:04,249
where I attained the rank
of captain.
734
00:36:04,336 --> 00:36:05,946
Then I became
a soldier of Allah.
735
00:36:06,033 --> 00:36:08,818
So, you're a soldier
like any other,
736
00:36:08,905 --> 00:36:10,124
except in Al Qaeda.
737
00:36:10,211 --> 00:36:13,040
-Is that your testimony?
-It's the truth.
738
00:36:13,127 --> 00:36:14,520
And you trained people
in Al Qaeda
739
00:36:14,607 --> 00:36:17,175
like any other soldier?
740
00:36:17,262 --> 00:36:18,959
Except better.
741
00:36:19,046 --> 00:36:21,962
Is it your contention, Mr. Atef
742
00:36:22,049 --> 00:36:24,225
that the attacks
on the United States
743
00:36:24,312 --> 00:36:27,185
on September 11 were nothing
more than typical
744
00:36:27,272 --> 00:36:28,925
military operations?
745
00:36:29,012 --> 00:36:32,755
[laughs] Who do you think
you are talking to?
746
00:36:32,842 --> 00:36:36,368
American bombs have slaughtered
thousands of Muslims
747
00:36:36,455 --> 00:36:38,805
in Iraq and Afghanistan.
748
00:36:38,892 --> 00:36:40,546
Do you really think
749
00:36:40,633 --> 00:36:42,852
that when the Pentagon
uses words like
750
00:36:42,939 --> 00:36:46,421
"engage" or "neutralize"
or "target"
751
00:36:46,508 --> 00:36:48,902
that they are any better
than me?
752
00:36:48,989 --> 00:36:53,385
When a man's cause
is just,
753
00:36:53,472 --> 00:36:57,040
he is not afraid
to use the word "kill."
754
00:36:57,127 --> 00:36:59,826
When a man's cause
is just,
755
00:36:59,913 --> 00:37:01,393
is he afraid to admit
756
00:37:01,480 --> 00:37:02,916
that he's also known
as Mohandese?
757
00:37:03,003 --> 00:37:04,396
Objection. Leading.
758
00:37:04,483 --> 00:37:05,962
Overruled.
759
00:37:06,049 --> 00:37:08,617
I am not afraid.
760
00:37:08,704 --> 00:37:11,620
I amMohandese.
761
00:37:11,707 --> 00:37:14,580
Is he also not afraid
to admit
762
00:37:14,667 --> 00:37:16,669
that he trained the men
763
00:37:16,756 --> 00:37:19,324
who hijacked the four airliners
on September 11?
764
00:37:19,411 --> 00:37:22,327
I picked the men,
765
00:37:22,414 --> 00:37:25,112
trained them, planned it.
766
00:37:25,199 --> 00:37:27,593
And I'd do it again.
767
00:37:30,073 --> 00:37:33,033
The attacks on September 11
768
00:37:33,120 --> 00:37:35,775
were Al Qaeda's most important
operation, weren't they?
769
00:37:35,862 --> 00:37:37,994
Don't you think so?
770
00:37:38,081 --> 00:37:40,823
If this operation were
so important,
771
00:37:40,910 --> 00:37:42,347
why not go yourself,
772
00:37:42,434 --> 00:37:44,262
instead of duping
impressionable young men
773
00:37:44,349 --> 00:37:45,437
to do the job for you?
774
00:37:45,524 --> 00:37:47,308
Objection.
Argumentative.
775
00:37:47,395 --> 00:37:49,658
I'll tell you why
you didn't go.
776
00:37:49,745 --> 00:37:52,531
Because for all your pride
and posturing, you're a coward.
777
00:37:52,618 --> 00:37:55,664
-[Sebring] Commander!
-You're afraid to die.
But I'll tell you something.
778
00:37:55,751 --> 00:37:57,449
That's exactly
what you're going to do.
779
00:37:57,536 --> 00:38:00,016
Commander!
That is quite enough.
780
00:38:04,412 --> 00:38:06,588
[MacKenzie]
Can't get used to seeing you
781
00:38:06,675 --> 00:38:09,199
-gone native, Gunny.
-Neither can I, ma'am,
but it works.
782
00:38:09,287 --> 00:38:11,463
I could almost pass if
I keep my mouth shut.
783
00:38:11,550 --> 00:38:13,203
Is that how you got
this assignment?
784
00:38:13,291 --> 00:38:14,683
Yes, ma'am.
That and they wanted someone
785
00:38:14,770 --> 00:38:15,989
with investigative experience
786
00:38:16,076 --> 00:38:17,556
to hunt down bin Laden
and company.
787
00:38:17,643 --> 00:38:19,645
Has it been
what you expected?
788
00:38:19,732 --> 00:38:20,689
Oh, yes and no, ma'am.
789
00:38:20,776 --> 00:38:21,908
The Marine Corps
taught me
790
00:38:21,995 --> 00:38:23,257
everything I need
to survive,
791
00:38:23,344 --> 00:38:25,433
but when a guy
goes down, ma'am
792
00:38:25,520 --> 00:38:27,566
what you see,
what you feel...
793
00:38:37,184 --> 00:38:38,577
Here.
794
00:38:38,664 --> 00:38:40,796
He's Al Qaeda.
He's nothing.
795
00:38:40,883 --> 00:38:42,494
He still gets
humane treatment.
796
00:38:42,581 --> 00:38:44,931
Marine, help this man.
797
00:38:50,589 --> 00:38:55,420
[speaking Farsi]
798
00:38:55,507 --> 00:38:57,813
[Galindez]
Did I hear that right, ma'am?
799
00:38:57,900 --> 00:38:59,728
He won't talk
about Mohandese,
800
00:38:59,815 --> 00:39:01,469
but he was with
Kabir two days ago?
801
00:39:01,556 --> 00:39:03,732
That's what he said.
802
00:39:08,694 --> 00:39:10,435
Updated JAG instructions.
803
00:39:10,522 --> 00:39:11,914
Finally earning your pay.
804
00:39:12,001 --> 00:39:13,612
Can't say much
for your attitude, though.
805
00:39:13,699 --> 00:39:15,657
I can't say much
for yours.
806
00:39:15,744 --> 00:39:17,442
Let me tell you something.
807
00:39:17,529 --> 00:39:19,966
Leadership is not
a popularity contest.
808
00:39:20,053 --> 00:39:23,361
It's not a power trip, either.
809
00:39:23,448 --> 00:39:26,189
The stripes we wear
on our sleeve give us authority,
810
00:39:26,276 --> 00:39:28,496
but it's what we
have inside that
makes us a leader.
811
00:39:28,583 --> 00:39:31,499
And you would know that
if you had it.
812
00:39:31,586 --> 00:39:34,546
Guess you told me.
Congratulations.
813
00:39:34,633 --> 00:39:36,112
Now, you can go tell
all your little friends
814
00:39:36,199 --> 00:39:38,027
that you zinged it
to the wicked witch.
815
00:39:49,865 --> 00:39:51,258
[Sebring]
The senior member
816
00:39:51,345 --> 00:39:53,913
of the tribunal will now
publish our findings.
817
00:39:54,000 --> 00:39:55,697
We find the accused,
Mustafa Atef
818
00:39:55,784 --> 00:39:58,047
guilty of the intentional
targeting and mass murder
819
00:39:58,134 --> 00:40:00,267
of non-combatants.
820
00:40:00,354 --> 00:40:01,616
By unanimous vote,
821
00:40:01,747 --> 00:40:03,836
this tribunal sentences
the accused to death.
822
00:40:05,185 --> 00:40:07,143
[Sebring]
Mr. Atef,
823
00:40:07,230 --> 00:40:09,624
you and your comrades will go
down in history as butchers
824
00:40:09,711 --> 00:40:10,973
who committed a grave atrocity
825
00:40:11,060 --> 00:40:12,975
that precipitated
your own downfall.
826
00:40:13,062 --> 00:40:15,674
As for now, you'll
be transported
827
00:40:15,761 --> 00:40:18,503
as soon as feasible,
to Fort Leavenworth.
828
00:40:18,590 --> 00:40:21,244
There, at a time
of the convening
authority's choosing,
829
00:40:21,331 --> 00:40:23,986
you will be executed
by lethal injection.
830
00:40:24,073 --> 00:40:26,032
-We're done here.
-[Atef] Wrong.
831
00:40:26,119 --> 00:40:27,686
This is far from over.
832
00:40:27,773 --> 00:40:31,037
Kabir will whisper
in eternal darkness,
833
00:40:31,124 --> 00:40:32,430
and all the world
will hear him roar.
834
00:40:32,517 --> 00:40:34,519
Get him out of here.
835
00:40:35,781 --> 00:40:37,826
Congratulations,
Commander.
836
00:40:37,913 --> 00:40:39,741
Thank you, sir.
837
00:40:39,828 --> 00:40:41,569
You put up
a great defense.
838
00:40:41,656 --> 00:40:43,528
Excuse me.
839
00:40:46,444 --> 00:40:48,315
Harm, we need
to talk.
840
00:40:48,402 --> 00:40:49,795
What about?
841
00:40:49,882 --> 00:40:51,884
We can't execute
Mustafa Atef.
842
00:40:51,971 --> 00:40:54,452
Remember Mustafa's brother,
Kabir, was in Pakistan?
843
00:40:54,539 --> 00:40:56,497
While he was there,
enemy communication traffic
844
00:40:56,584 --> 00:40:58,064
between Pakistan,
Iran and Russia
845
00:40:58,151 --> 00:40:59,979
-was off the charts.
-Russia?!
846
00:41:00,066 --> 00:41:02,982
Tha's the wild card.
We decrypted one message
enough to learn
847
00:41:03,069 --> 00:41:05,288
that it was a wire transfer--
$250 million
848
00:41:05,375 --> 00:41:08,727
from a Pakistani bank
was routed through
a bank in the UAE
849
00:41:08,814 --> 00:41:09,815
and ended up in Iran.
850
00:41:09,902 --> 00:41:11,860
$250 million for what?
851
00:41:11,947 --> 00:41:13,340
That's what we need to know.
852
00:41:13,427 --> 00:41:15,124
There's an Al Qaeda
operation underway--
853
00:41:15,211 --> 00:41:17,039
a big one-- with even Russia
figuring in somehow.
854
00:41:17,126 --> 00:41:18,998
All we know for sure
is Kabir is the point man,
855
00:41:19,085 --> 00:41:22,001
and Mustafa Atef is behind it.
856
00:41:33,665 --> 00:41:35,057
I thought you'd
be up here, sir.
857
00:41:35,144 --> 00:41:37,146
I wanted
to see you off.
858
00:41:40,062 --> 00:41:43,326
So, you thought
Mac should go, huh?
859
00:41:43,413 --> 00:41:45,459
Yes, sir.
860
00:41:45,546 --> 00:41:47,853
All right, Bud.
861
00:41:50,159 --> 00:41:53,162
You may have been right
that time... maybe.
862
00:41:57,079 --> 00:41:58,907
You want to play chess
later tonight?
863
00:41:58,994 --> 00:42:00,779
Yes, sir.
864
00:42:00,866 --> 00:42:02,998
But I thought that
you were leaving
with the admiral
865
00:42:03,085 --> 00:42:05,044
and Commander Turner
back to JAG this morning.
866
00:42:05,131 --> 00:42:06,915
Mac and I are under orders
to remain aboard
867
00:42:07,002 --> 00:42:08,874
to evaluate anything
Mustafa might tell Webb.
868
00:42:08,961 --> 00:42:11,746
I tell you,
I wish I was in there.
869
00:42:11,833 --> 00:42:14,488
I could think of a few ways
to make him talk.
870
00:42:16,229 --> 00:42:18,927
You know, Bud
871
00:42:19,014 --> 00:42:22,104
I've prosecuted
too many cases to remember
872
00:42:22,191 --> 00:42:26,282
but this is the one time...
if the accused had got off,
873
00:42:26,369 --> 00:42:30,156
I'd have killed him myself.
874
00:42:30,243 --> 00:42:32,985
-[man over radio]
Lieutenant Roberts.
-This is Roberts.
875
00:42:33,072 --> 00:42:35,901
Commander Rabb's urgently
needed in the brig.
876
00:42:35,988 --> 00:42:38,120
He's on his way.
877
00:42:41,689 --> 00:42:43,735
Mac, do you know
what's going on?
878
00:42:43,822 --> 00:42:45,345
No.
879
00:42:57,226 --> 00:43:00,578
Bag him, tag him,
and put him on ice.
880
00:43:02,536 --> 00:43:04,973
What did you do, Webb?
881
00:43:05,060 --> 00:43:07,280
I didn't do anything.
882
00:43:07,367 --> 00:43:09,891
Must have taken it
from the courtroom.
883
00:43:09,978 --> 00:43:12,241
He slashed his wrists
with a pen?
884
00:43:12,328 --> 00:43:14,200
Original.
885
00:43:14,287 --> 00:43:16,724
Sometime during the night,
886
00:43:16,811 --> 00:43:19,422
Atef turned his back
to the guard
887
00:43:19,509 --> 00:43:21,555
as though to go
to sleep.
888
00:43:21,642 --> 00:43:24,166
He did the deed
and bled out.
889
00:43:24,253 --> 00:43:26,125
The guard had
no way of knowing.
890
00:43:26,212 --> 00:43:28,431
He never made a sound.
891
00:43:28,518 --> 00:43:31,347
All I needed was one day.
892
00:43:31,434 --> 00:43:34,220
One more day.
893
00:43:34,307 --> 00:43:37,136
Whatever he knew,
he took it with him.
894
00:43:37,223 --> 00:43:40,966
We have to hope we find
Mustafa's brother Kabir,
895
00:43:41,053 --> 00:43:42,576
before it's too late.
896
00:44:03,902 --> 00:44:05,860
[theme song playing]
66342
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