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These are the user uploaded subtitles that are being translated: 1 00:00:05,135 --> 00:00:07,877 [ woman giggling ] 2 00:00:09,444 --> 00:00:11,359 SHEEHY: Sounds like our Kurdish boy's 3 00:00:11,446 --> 00:00:13,317 breaking a few Islamic laws, Lieutenant. 4 00:00:13,665 --> 00:00:14,971 Dude sneaks out at night 5 00:00:15,058 --> 00:00:16,712 with only four bodyguards. 6 00:00:17,408 --> 00:00:19,236 Hope the wild burka sex is worth it. 7 00:00:19,323 --> 00:00:21,238 DITULLIO: Well, I hate to break it to you, Gunny, 8 00:00:21,804 --> 00:00:23,023 but Kurdish women don't wear burkas. 9 00:00:24,415 --> 00:00:26,069 Can't believe we're holed up in this meat locker, 10 00:00:26,156 --> 00:00:27,462 chaperoning this bozo. 11 00:00:42,346 --> 00:00:44,087 Bad guys, Lieutenant? 12 00:00:46,785 --> 00:00:48,048 Gate-crashers, Lieutenant. 13 00:00:50,180 --> 00:00:52,661 [ gunshots ] 14 00:00:59,711 --> 00:01:00,756 [ shouting ] 15 00:01:05,021 --> 00:01:07,284 [ groaning ] 16 00:01:09,634 --> 00:01:11,114 Get on the horn! 17 00:01:11,201 --> 00:01:13,290 Tell 'em we need air support and a medevac! 18 00:01:15,684 --> 00:01:17,120 [ grunts ] 19 00:01:17,207 --> 00:01:19,253 Sheehy! Sheehy! 20 00:01:21,646 --> 00:01:23,257 No! 21 00:01:23,344 --> 00:01:26,086 Base, this is Winchester-Six! 22 00:01:26,173 --> 00:01:28,784 Request air support and emergency medevac! 23 00:01:28,871 --> 00:01:31,874 Sector Alpha-Two, over! 24 00:01:31,961 --> 00:01:33,310 Damn it! 25 00:01:35,182 --> 00:01:37,140 [ man shouting outside ] 26 00:01:37,227 --> 00:01:39,360 Cease fire! Friendlies! 27 00:01:39,447 --> 00:01:42,145 Hold it! Friendlies! 28 00:01:42,232 --> 00:01:44,191 They must've recognized our muzzle flashes. 29 00:01:44,974 --> 00:01:46,367 If they're friendlies, Lieutenant, 30 00:01:46,454 --> 00:01:48,282 who the hell are they? 31 00:01:53,504 --> 00:01:55,463 [ opening theme music playing ] 32 00:02:48,559 --> 00:02:49,952 You took the stairs? 33 00:02:50,039 --> 00:02:51,736 Yeah. Exercise is good for the spirit. 34 00:02:52,781 --> 00:02:54,783 How's your head after taking that nasty hoof 35 00:02:54,870 --> 00:02:56,045 from Tanveer to the temple? 36 00:02:56,132 --> 00:02:57,742 Nothing a little ice pack 37 00:02:57,829 --> 00:02:59,527 and a few ibuprofen can't fix. 38 00:02:59,962 --> 00:03:01,224 What about your heart? 39 00:03:01,616 --> 00:03:03,357 That's off-limits. 40 00:03:04,009 --> 00:03:06,403 Hey, I was thinking that, uh, maybe we should keep 41 00:03:06,490 --> 00:03:09,841 last week's excitement to ourselves, you know? 42 00:03:09,928 --> 00:03:11,582 At least away from Turner. 43 00:03:11,887 --> 00:03:14,977 Well, not reporting to our new and thankfully temporary boss 44 00:03:15,064 --> 00:03:16,848 is definitely an idea I can get behind. 45 00:03:18,023 --> 00:03:19,416 You heard from Mattie? 46 00:03:20,939 --> 00:03:22,245 Well, she, uh, spent an extra week 47 00:03:22,332 --> 00:03:23,725 in Blacksburg with her dad, 48 00:03:23,812 --> 00:03:25,117 but she's coming back tomorrow night. 49 00:03:25,205 --> 00:03:26,510 You must be excited. 50 00:03:26,771 --> 00:03:28,686 Oh, I'm picking her up at the bus at 6:00. 51 00:03:28,773 --> 00:03:30,166 We're going to go home, have a little dinner, 52 00:03:30,253 --> 00:03:31,341 spend a quiet evening. 53 00:03:31,428 --> 00:03:32,516 You're cooking. 54 00:03:32,603 --> 00:03:33,691 It's been known to happen. 55 00:03:33,778 --> 00:03:34,866 It's good for the spirit. 56 00:03:34,953 --> 00:03:36,085 You ought to try it sometime. 57 00:03:36,651 --> 00:03:38,305 Good to see you two in the office, bright-eyed. 58 00:03:39,915 --> 00:03:41,482 Sorry to disappoint you, Sturgis. 59 00:03:41,569 --> 00:03:42,744 Not at all. 60 00:03:43,179 --> 00:03:44,920 I heard, uh, Krennick 61 00:03:45,007 --> 00:03:47,139 is no longer in the picture for the new JAG position. 62 00:03:47,227 --> 00:03:48,315 Harm's very disappointed. 63 00:03:48,532 --> 00:03:49,925 Well, until a decision's made, 64 00:03:50,012 --> 00:03:51,927 we're all in "wait and see" mode. 65 00:03:52,014 --> 00:03:53,711 We'll all just have to keep this ship afloat, huh? 66 00:03:54,059 --> 00:03:55,496 And here I thought you bubbleheads liked 67 00:03:55,583 --> 00:03:56,540 to lie on the bottom. 68 00:03:57,585 --> 00:03:59,413 I need you two in my office ASAP. 69 00:04:02,590 --> 00:04:04,331 0130 Zulu, Friday. 70 00:04:04,418 --> 00:04:06,333 Marines providing security for a Kurdish leader 71 00:04:06,420 --> 00:04:07,551 were caught in a firefight. 72 00:04:07,638 --> 00:04:08,770 One Marine was killed. 73 00:04:09,292 --> 00:04:10,815 Who was the firefight with? 74 00:04:10,902 --> 00:04:11,947 Looks like possible 75 00:04:12,339 --> 00:04:13,775 friendly fire from our new comrades, 76 00:04:13,862 --> 00:04:15,516 the Iraqi Civil Defense Corps. 77 00:04:16,081 --> 00:04:17,605 The Kurdish leader, Mr. Aziz, 78 00:04:17,692 --> 00:04:18,823 also had bodyguards. 79 00:04:18,910 --> 00:04:19,955 They might've set it off. 80 00:04:20,521 --> 00:04:21,826 What were the Iraqis doing there? 81 00:04:22,087 --> 00:04:23,698 They're pursuing a terrorist insurgent. 82 00:04:23,785 --> 00:04:25,743 Seems they had bad intel and mistook 83 00:04:25,961 --> 00:04:27,223 the Kurdish leader for their target. 84 00:04:27,615 --> 00:04:30,008 Why do I get the feeling there's more to the story? 85 00:04:30,095 --> 00:04:31,706 The Iraqis were being advised at the time 86 00:04:31,793 --> 00:04:33,969 by private military contractors. 87 00:04:34,404 --> 00:04:36,058 The lead advisor is a retired Marine, 88 00:04:36,145 --> 00:04:37,538 Sergeant Major Thomas Elgart. 89 00:04:37,799 --> 00:04:39,583 His team and the Marines have been recalled. 90 00:04:40,367 --> 00:04:41,803 Given the sensitivities, 91 00:04:41,890 --> 00:04:43,587 delicacy will be required. 92 00:05:15,663 --> 00:05:17,447 [ monitor beeping ] 93 00:05:17,534 --> 00:05:19,014 HARM: What was your mission, Gunny? 94 00:05:19,101 --> 00:05:20,842 We were tasked with providing shadow security 95 00:05:20,929 --> 00:05:22,191 for Mohammed Aziz. 96 00:05:22,713 --> 00:05:24,280 He's a big Kurdish mucky-muck, sir. 97 00:05:25,063 --> 00:05:26,326 A mucky-muck with bodyguards 98 00:05:26,413 --> 00:05:27,588 who weren't up for the job? 99 00:05:28,676 --> 00:05:30,155 Sir, those guys couldn't provide security 100 00:05:30,242 --> 00:05:31,896 at a Celine Dion concert. 101 00:05:32,332 --> 00:05:33,420 Why do you say that? 102 00:05:34,334 --> 00:05:36,031 There've been a bunch of attempts on Aziz. 103 00:05:36,118 --> 00:05:38,512 He's been ambushed by Fedayeen, bombed by Baathists. 104 00:05:39,382 --> 00:05:41,428 Last week, a bullet came within an inch of his head. 105 00:05:42,472 --> 00:05:44,387 You see, the Kurds are pushing for autonomy 106 00:05:44,474 --> 00:05:45,649 in the new government. 107 00:05:45,736 --> 00:05:47,042 Aziz figures to be running 108 00:05:47,129 --> 00:05:48,783 their new oil industry if that happens, 109 00:05:49,479 --> 00:05:51,089 and that puts a target on his back. 110 00:05:51,612 --> 00:05:53,788 And your fire team in harm's way, protecting him. 111 00:05:54,658 --> 00:05:56,704 If we had been out in front, sir... 112 00:05:59,359 --> 00:06:00,621 instead of covering him... 113 00:06:01,709 --> 00:06:03,188 the Iraqis would've seen us... 114 00:06:04,712 --> 00:06:07,584 and none of this would've happened. 115 00:06:07,671 --> 00:06:09,238 Why wasn't your fire team out front, 116 00:06:09,325 --> 00:06:10,674 providing primary security? 117 00:06:11,893 --> 00:06:13,590 [ DiTullio ] That's just how it is, Colonel. 118 00:06:13,677 --> 00:06:15,636 We want to support the Iraqis, provide security, 119 00:06:15,723 --> 00:06:17,420 but not look like an occupation force. 120 00:06:17,507 --> 00:06:19,074 Who engaged whom, Lieutenant? 121 00:06:20,945 --> 00:06:22,512 My men are disciplined, ma'am. 122 00:06:22,599 --> 00:06:24,471 They know to hold their fire until my command. 123 00:06:24,993 --> 00:06:26,603 So, you believe the Iraqis fired first? 124 00:06:26,995 --> 00:06:29,432 They, or their advisors, Colonel. 125 00:06:29,519 --> 00:06:30,955 Did you know there was 126 00:06:31,042 --> 00:06:32,609 an Iraqi Civil Defense unit in the area? 127 00:06:32,696 --> 00:06:34,829 No, ma'am. 128 00:06:34,916 --> 00:06:36,526 We'd had radio troubles. 129 00:06:38,441 --> 00:06:40,008 I never received word from headquarters. 130 00:06:40,095 --> 00:06:41,183 If I had... 131 00:06:43,228 --> 00:06:44,752 Maybe the corporal would be alive? 132 00:06:47,015 --> 00:06:48,233 He left a widow. 133 00:06:49,365 --> 00:06:50,801 Barely married a year. 134 00:06:52,150 --> 00:06:54,109 He invited me to the wedding, 135 00:06:54,196 --> 00:06:56,894 and I promised his wife that I would bring him home safe. 136 00:06:57,895 --> 00:06:59,636 Don't be so hard on yourself, Lieutenant. 137 00:07:00,594 --> 00:07:01,769 Hard not to be, Colonel. 138 00:07:03,248 --> 00:07:04,380 Still... 139 00:07:06,469 --> 00:07:08,689 the cardinal rule of combat, ma'am: 140 00:07:09,646 --> 00:07:13,171 know who you're firing at before you open fire. 141 00:07:13,258 --> 00:07:14,782 My men did their job. 142 00:07:15,217 --> 00:07:16,436 As for the Iraqis... 143 00:07:17,349 --> 00:07:18,655 You ask me... 144 00:07:20,483 --> 00:07:21,745 those advisors, 145 00:07:22,485 --> 00:07:24,269 they weren't advising too well. 146 00:07:24,356 --> 00:07:25,923 You know that for a fact? 147 00:07:26,663 --> 00:07:30,232 No, ma'am, but those "rent-a-grunts," 148 00:07:30,319 --> 00:07:32,364 they... they don't hold themselves 149 00:07:32,452 --> 00:07:33,888 to the same standards that we do. 150 00:07:38,806 --> 00:07:40,460 [ sighs ] 151 00:07:40,547 --> 00:07:44,594 [ gunfire ] 152 00:07:47,467 --> 00:07:48,598 MAN: Fire, cease fire. 153 00:07:48,685 --> 00:07:50,295 Clear and lock all weapons. 154 00:07:50,731 --> 00:07:52,559 Once you have a complete safe weapon, 155 00:07:52,646 --> 00:07:53,995 you may leave the firing line. 156 00:07:55,736 --> 00:07:57,041 Surprised the Marines let you in here 157 00:07:57,128 --> 00:07:58,521 dressed like that, Sergeant Major. 158 00:07:58,608 --> 00:07:59,957 All due respect, Commander, 159 00:08:00,262 --> 00:08:02,220 I'm surprised they let a Navy officer in here. 160 00:08:02,917 --> 00:08:05,006 I'm investigating the incident in Kirkuk. 161 00:08:05,789 --> 00:08:07,399 You were there, advising the Iraqis? 162 00:08:07,617 --> 00:08:08,879 That's affirmative, sir. 163 00:08:09,314 --> 00:08:11,316 Care to define "advising" for me? 164 00:08:11,708 --> 00:08:13,536 I work for Battlefield Solutions. 165 00:08:13,623 --> 00:08:17,671 My team provides training in weapons, electronics, 166 00:08:18,236 --> 00:08:19,847 leadership skills in the field. 167 00:08:19,934 --> 00:08:22,066 So you were providing lessons in the field? 168 00:08:22,763 --> 00:08:24,852 Sir, in Iraq, leading and advising 169 00:08:24,939 --> 00:08:26,201 are often one in the same. 170 00:08:26,593 --> 00:08:27,811 Did you inform Marine headquarters 171 00:08:27,898 --> 00:08:29,421 of your movements? I did. 172 00:08:30,031 --> 00:08:31,032 Well, how'd the firefight start? 173 00:08:31,989 --> 00:08:33,077 Well, it was dark. 174 00:08:33,164 --> 00:08:34,514 Pipeline attacks in the area 175 00:08:34,601 --> 00:08:36,037 filled the battlefield with smoke, 176 00:08:36,124 --> 00:08:37,429 made it tough to see, but... 177 00:08:38,343 --> 00:08:39,867 all I know is those Iraqi boys 178 00:08:39,954 --> 00:08:42,870 I was advising did not engage until engaged. 179 00:08:43,305 --> 00:08:45,525 So you're saying the Marines fired first? 180 00:08:45,916 --> 00:08:49,790 Maybe. Maybe one of Aziz's bodyguards got jumpy. 181 00:08:49,877 --> 00:08:50,921 Somebody did. 182 00:08:51,705 --> 00:08:53,881 You know, I'm not sensing a lot of remorse in your voice. 183 00:08:54,403 --> 00:08:57,624 Well, sir, there's a difference between remorse and regret. 184 00:08:58,625 --> 00:09:00,061 I've been war-fighting a long time. 185 00:09:00,148 --> 00:09:02,150 I am sorry about what happened to that boy, 186 00:09:02,237 --> 00:09:03,934 but in combat, people die. 187 00:09:04,805 --> 00:09:07,895 In the fog of war, errors occur on all sides. 188 00:09:08,852 --> 00:09:10,767 Be careful how loudly you blame the Marines. 189 00:09:10,854 --> 00:09:12,508 There's a lot of loaded weapons around here. 190 00:09:13,161 --> 00:09:14,379 Just telling the truth, sir. 191 00:09:16,164 --> 00:09:17,600 Look, I may be a paid gun, 192 00:09:17,687 --> 00:09:19,341 but my allegiance is to my country. 193 00:09:19,428 --> 00:09:22,083 My roots are the Corps. 22 years enlisted. 194 00:09:23,171 --> 00:09:25,086 Now, the facts are in the after-action report 195 00:09:25,173 --> 00:09:26,217 I filed with my employer. 196 00:09:26,304 --> 00:09:27,305 I suggest you read it. 197 00:09:29,046 --> 00:09:30,657 MACKENZIE: We interviewed the Marines. 198 00:09:30,744 --> 00:09:32,702 They all said they didn't fire until fired upon. 199 00:09:32,789 --> 00:09:34,574 The same goes with the retired Sergeant Major 200 00:09:34,661 --> 00:09:36,097 and his team of advisors. 201 00:09:36,401 --> 00:09:38,403 They all filed independent after-action reports 202 00:09:38,490 --> 00:09:40,667 claiming they followed the rules of engagement to a "T". 203 00:09:40,754 --> 00:09:43,278 Huh. Sounds like a friendly fire incident, plain and simple. 204 00:09:43,365 --> 00:09:44,627 Those are the after-action reports? 205 00:09:44,714 --> 00:09:45,846 What are the blacked-out sections? 206 00:09:45,933 --> 00:09:47,674 CIA controls all information 207 00:09:47,761 --> 00:09:49,980 regarding private contractors in Iraq. 208 00:09:50,067 --> 00:09:51,242 Something bothering you, Colonel? 209 00:09:51,852 --> 00:09:53,244 Lieutenant DiTullio. 210 00:09:53,331 --> 00:09:54,506 He seemed to have a problem with the role 211 00:09:54,594 --> 00:09:55,856 of the advisors in all this. 212 00:09:55,943 --> 00:09:57,335 Well, I don't doubt it, 213 00:09:57,422 --> 00:09:58,641 considering one of his men was killed, 214 00:09:59,468 --> 00:10:01,209 but, uh, from what you've told me, I see no culpability. 215 00:10:01,296 --> 00:10:02,340 Agreed? 216 00:10:05,343 --> 00:10:06,475 Something bothering you, Mac? 217 00:10:07,607 --> 00:10:10,087 No. Nothing. 218 00:10:10,784 --> 00:10:12,220 I'd like your reports on my desk 219 00:10:12,307 --> 00:10:14,352 by end of business, tomorrow. 220 00:10:14,439 --> 00:10:15,571 Good to be the king, huh? 221 00:10:16,616 --> 00:10:17,965 Excuse me, Colonel MacKenzie? 222 00:10:18,400 --> 00:10:19,967 Yeah. This is Mrs. Sheehy. 223 00:10:20,620 --> 00:10:23,187 Ann. Corporal Sheehy's widow. 224 00:10:23,840 --> 00:10:24,972 Thank you, Petty Officer. 225 00:10:25,059 --> 00:10:26,756 I'm so sorry for your loss. 226 00:10:27,931 --> 00:10:29,541 I understand that you're conducting 227 00:10:29,629 --> 00:10:32,283 this investigation, and... I was hoping 228 00:10:32,370 --> 00:10:33,981 that I could ask you some questions. 229 00:10:35,504 --> 00:10:37,724 All I can say is that for now, 230 00:10:37,811 --> 00:10:39,595 it looks like what happened was... 231 00:10:40,074 --> 00:10:41,858 a regrettable mistake. 232 00:10:41,945 --> 00:10:44,078 This in no way diminishes your husband's sacrifice 233 00:10:44,165 --> 00:10:47,342 or my sorrow for your loss. 234 00:10:47,429 --> 00:10:50,258 I don't want your sympathy, Colonel. 235 00:10:51,085 --> 00:10:52,129 I want justice. 236 00:10:52,434 --> 00:10:53,522 I understand... 237 00:10:53,609 --> 00:10:54,741 No, I don't think you do. 238 00:10:55,350 --> 00:10:57,700 You're wrong if you think what happened 239 00:10:57,787 --> 00:11:00,485 to my husband over there was a mistake. 240 00:11:00,572 --> 00:11:02,270 My husband was murdered, Colonel, 241 00:11:02,357 --> 00:11:04,838 at the hands of some very trigger-happy mercenaries, 242 00:11:04,925 --> 00:11:06,361 soldiers-of-fortune. 243 00:11:08,189 --> 00:11:09,799 You don't believe me? 244 00:11:11,845 --> 00:11:13,281 I have proof. 245 00:11:14,325 --> 00:11:15,370 It's all in here. 246 00:11:28,383 --> 00:11:29,906 MACKENZIE: Since Commander Rabb is also investigating, 247 00:11:29,993 --> 00:11:31,212 I've asked him to join us. 248 00:11:31,299 --> 00:11:33,170 My condolences, Mrs. Sheehy. 249 00:11:33,257 --> 00:11:35,477 I, uh... I've spoken with members 250 00:11:35,564 --> 00:11:37,131 of the Corporal's unit. 251 00:11:37,392 --> 00:11:39,960 They... They describe him as a good man and a fine Marine. 252 00:11:40,482 --> 00:11:41,875 He's a good husband, too. 253 00:11:44,007 --> 00:11:46,793 When Paul went to Iraq, he promised to e-mail me 254 00:11:46,880 --> 00:11:48,055 as much as he could. 255 00:11:49,839 --> 00:11:51,580 They're how I know his death was no accident. 256 00:11:52,146 --> 00:11:55,540 Colonel MacKenzie said that, uh, he described many incidents 257 00:11:55,627 --> 00:11:57,629 involving private military contractors. 258 00:11:57,847 --> 00:11:59,631 That's right. See, I told Paul 259 00:11:59,719 --> 00:12:01,851 that I didn't want him sugar-coating for my benefit. 260 00:12:02,156 --> 00:12:05,028 I wanted to know what was happening over there. 261 00:12:05,115 --> 00:12:06,421 So, he told me. I mean, it's all... 262 00:12:06,508 --> 00:12:07,596 It's all here. 263 00:12:09,119 --> 00:12:10,207 "4 May. 264 00:12:10,599 --> 00:12:11,905 It's another crazy morning, honey. 265 00:12:12,514 --> 00:12:14,472 Our mercenary friends are at it again. 266 00:12:14,777 --> 00:12:16,736 They sped into the village that we were patrolling. 267 00:12:17,171 --> 00:12:18,694 They needed fuel for their SUVs, 268 00:12:18,781 --> 00:12:20,609 so they hijacked a gas station. 269 00:12:20,914 --> 00:12:22,045 They almost caused a riot." 270 00:12:22,132 --> 00:12:23,264 [ sniffles ] 271 00:12:23,351 --> 00:12:24,613 "We held back the mob, 272 00:12:24,700 --> 00:12:25,701 lots of locals with serious fire power. 273 00:12:26,484 --> 00:12:28,530 The Lieutenant told the cowboys just to gas up and go. 274 00:12:28,617 --> 00:12:30,271 I thought for sure we'd get shot at." 275 00:12:32,969 --> 00:12:34,231 "12 May. 276 00:12:34,797 --> 00:12:37,104 Caught one of the rent-a-grunts pistol-whipping an Iraqi. 277 00:12:37,757 --> 00:12:38,801 I ordered him to stop. 278 00:12:39,323 --> 00:12:40,672 He aimed his weapon at me. 279 00:12:40,760 --> 00:12:41,804 I raised mine. 280 00:12:41,891 --> 00:12:42,979 Finally, he backed down. 281 00:12:43,588 --> 00:12:45,286 These guys have no respect for military rules. 282 00:12:45,373 --> 00:12:48,115 They're dangerous." 283 00:12:48,202 --> 00:12:51,553 Now they're guilty of murdering my husband. 284 00:12:51,640 --> 00:12:53,990 Ma'am, we appreciate you coming forward 285 00:12:54,077 --> 00:12:56,297 with this information. Um... 286 00:12:56,384 --> 00:12:57,559 But... 287 00:12:57,646 --> 00:12:59,561 Previous conduct by unnamed 288 00:12:59,648 --> 00:13:01,781 military contractors does not qualify as evidence. 289 00:13:01,868 --> 00:13:05,349 Yes, but Paul named Battlefield Solutions by name, Commander. 290 00:13:05,436 --> 00:13:06,829 The man who pointed the gun at him 291 00:13:06,916 --> 00:13:08,875 was retired Sergeant Major Tom Elgart. 292 00:13:08,962 --> 00:13:10,224 We understand your anger, Mrs. Sheehy, 293 00:13:10,311 --> 00:13:11,791 but military rules of evidence 294 00:13:11,878 --> 00:13:14,358 severely limit admissibility of prior acts. 295 00:13:14,881 --> 00:13:17,100 What, so you won't do anything? 296 00:13:17,753 --> 00:13:18,928 But I... 297 00:13:19,015 --> 00:13:20,669 I have these letters. 298 00:13:21,801 --> 00:13:23,672 I'm sorry. 299 00:13:23,759 --> 00:13:25,326 I don't know what the law says. 300 00:13:25,935 --> 00:13:28,242 But what does it say about us when we are willing 301 00:13:28,329 --> 00:13:30,505 to send our men and women over there to defend us, 302 00:13:30,592 --> 00:13:32,246 but we're not willing to defend them 303 00:13:32,333 --> 00:13:35,815 when they're threatened by some gun-toting cowboys 304 00:13:35,902 --> 00:13:37,642 hired by our own government? 305 00:13:39,209 --> 00:13:40,820 How can you let that stand? 306 00:13:42,430 --> 00:13:43,692 [ crying ] 307 00:13:55,965 --> 00:13:57,619 She got to you, didn't she? 308 00:13:57,706 --> 00:13:59,186 This isn't about me, Harm. 309 00:13:59,273 --> 00:14:00,796 This investigation isn't over. 310 00:14:00,883 --> 00:14:03,059 Look, listen to this e-mail. 311 00:14:03,146 --> 00:14:05,801 "28 May. Last night we stumbled on an Iraqi C-D-C unit 312 00:14:05,888 --> 00:14:07,629 hunting Fedayeen, almost engaged them. 313 00:14:08,195 --> 00:14:09,718 The Lieutenant got into it with the lead advisor, 314 00:14:09,805 --> 00:14:11,720 the same former Marine I had my showdown with. 315 00:14:11,807 --> 00:14:14,505 I swear sooner or later, one of us is gonna get killed." 316 00:14:14,723 --> 00:14:16,464 We're still talking past acts, Mac. 317 00:14:16,551 --> 00:14:18,553 It's a carbon-copy incident, Harm, 318 00:14:18,640 --> 00:14:20,598 one week before Corporal Sheehy died. 319 00:14:20,860 --> 00:14:22,078 Now, that says pattern of behavior. 320 00:14:22,557 --> 00:14:23,732 Now, they're a bunch of hired guns 321 00:14:23,819 --> 00:14:24,951 putting innocent civilians 322 00:14:25,429 --> 00:14:26,996 and our own military people's lives at risk. 323 00:14:27,301 --> 00:14:29,607 Private contractors are out of our jurisdiction. 324 00:14:29,694 --> 00:14:31,044 The facts aren't. 325 00:14:31,435 --> 00:14:33,829 All I'm suggesting is a visit to Elgart's bosses 326 00:14:33,916 --> 00:14:35,135 to sort this out. 327 00:14:37,877 --> 00:14:40,140 RABB: Thank you for seeing us, Commander Merrick. 328 00:14:40,227 --> 00:14:41,663 The Colonel and I were quite surprised 329 00:14:41,750 --> 00:14:43,926 to find your name listed as CEO of the company. 330 00:14:44,318 --> 00:14:45,754 [ laughs ] Well, it still surprises me. 331 00:14:45,841 --> 00:14:47,364 By the way, please lose the "Commander." 332 00:14:48,017 --> 00:14:49,584 I hung up my uniform some time ago. 333 00:14:49,671 --> 00:14:51,238 Three-and-a-half years, as I recall. 334 00:14:51,629 --> 00:14:53,675 Your court-martial for the collision 335 00:14:53,762 --> 00:14:55,503 with the destroyer is a case we wish we'd won. 336 00:14:56,025 --> 00:14:58,201 Well, you did keep me out of Leavenworth, thank goodness. 337 00:14:58,288 --> 00:15:00,290 And I haven't done half bad since I've left the Navy. 338 00:15:00,377 --> 00:15:03,163 No, 150 million in revenues last year is not too bad. 339 00:15:03,250 --> 00:15:05,208 War looks pretty clean around here. 340 00:15:05,513 --> 00:15:07,558 Oh, no, sir. There's nothing clean about the war. 341 00:15:07,645 --> 00:15:08,908 You know that, Commander. 342 00:15:08,995 --> 00:15:10,474 Your company's been involved in Iraq 343 00:15:10,561 --> 00:15:12,346 from the beginning of hostilities, correct? 344 00:15:13,173 --> 00:15:16,263 Well, in the first few months, we concentrated on logistics: 345 00:15:16,611 --> 00:15:19,222 laundry, meal service, vehicle maintenance. 346 00:15:19,309 --> 00:15:21,007 Those things the military contracts out? 347 00:15:21,572 --> 00:15:23,792 Well, since the post-Cold War cutbacks, 348 00:15:24,706 --> 00:15:27,578 small private firms like this have become a necessity in war. 349 00:15:28,057 --> 00:15:29,624 There are thousands of contractors 350 00:15:29,711 --> 00:15:30,886 in Iraq right now. 351 00:15:30,973 --> 00:15:32,148 They're not just washing clothes 352 00:15:32,235 --> 00:15:33,628 and serving MREs, either. 353 00:15:33,715 --> 00:15:34,803 No. 354 00:15:35,412 --> 00:15:37,893 Uh, more recently, we've been involved 355 00:15:37,980 --> 00:15:39,764 in intelligence gathering and training. 356 00:15:40,461 --> 00:15:41,766 They're ready for you, Mr. Merrick. 357 00:15:41,853 --> 00:15:42,942 Let them know I'll be right there. 358 00:15:43,029 --> 00:15:44,334 All right. Thank you. 359 00:15:44,421 --> 00:15:46,510 What is your opinion of Tom Elgart? 360 00:15:46,597 --> 00:15:47,947 Well, I hire the best. 361 00:15:48,034 --> 00:15:49,513 They're all former military. 362 00:15:49,600 --> 00:15:51,951 Pros, and for that, I pay them very well. 363 00:15:52,038 --> 00:15:53,996 150 grand a year, plus benefits. 364 00:15:54,083 --> 00:15:56,912 I give them stock options, 401Ks. 365 00:15:57,782 --> 00:16:00,176 Well, beats base pay for senior enlisted, doesn't it? 366 00:16:00,263 --> 00:16:02,222 And the military spit-shine so many of these guys 367 00:16:02,309 --> 00:16:03,353 grow tired of. 368 00:16:03,440 --> 00:16:04,876 Well, one man's spit-shine 369 00:16:04,964 --> 00:16:06,269 is another man's good order and discipline. 370 00:16:06,791 --> 00:16:08,010 I know plenty about good order 371 00:16:08,097 --> 00:16:09,664 and discipline, Colonel. 372 00:16:09,751 --> 00:16:11,405 I know. We watched you fall on your sword once 373 00:16:11,492 --> 00:16:12,667 to protect your subordinates. 374 00:16:12,754 --> 00:16:13,842 You sacrificed your career. 375 00:16:14,190 --> 00:16:15,496 Well, I have another career now. 376 00:16:16,366 --> 00:16:18,586 Um, I know why you two are here. 377 00:16:19,195 --> 00:16:20,805 I received a letter this morning 378 00:16:20,892 --> 00:16:22,285 from Corporal Sheehy's widow. 379 00:16:22,546 --> 00:16:23,765 You deny the charges? 380 00:16:24,113 --> 00:16:25,680 No. Nor will I confirm them. 381 00:16:26,202 --> 00:16:28,117 If my men have been crossing the line in Iraq, 382 00:16:28,204 --> 00:16:29,466 I will get to the bottom of it. 383 00:16:29,553 --> 00:16:31,164 Well, where do you draw your line? 384 00:16:31,251 --> 00:16:33,296 My people aren't directly subject to the UCMJ, 385 00:16:33,383 --> 00:16:34,645 but they are accountable. 386 00:16:35,168 --> 00:16:36,908 They adhere to strict rules of conduct 387 00:16:36,996 --> 00:16:39,302 set forth in our company's contractual agreement 388 00:16:39,389 --> 00:16:40,477 with the Pentagon. 389 00:16:40,564 --> 00:16:41,609 I'd like to see that agreement. 390 00:16:42,131 --> 00:16:43,915 Okay. I'll make sure you get a copy of it. 391 00:16:44,003 --> 00:16:46,092 Trust me, if there's been wrongdoing, 392 00:16:46,309 --> 00:16:47,528 Tom Elgart's gonna wish 393 00:16:47,615 --> 00:16:49,138 he had the UCMJ on his side. 394 00:16:55,188 --> 00:16:56,798 Whoa! Easy on the peanut oil! 395 00:16:57,146 --> 00:16:58,887 Sorry, sir. I had no idea 396 00:16:58,974 --> 00:17:00,715 a nut product could be so combustible. 397 00:17:01,150 --> 00:17:02,195 It's under control, though. 398 00:17:02,282 --> 00:17:03,370 Hey. 399 00:17:03,457 --> 00:17:04,458 Hi, Mattie. 400 00:17:04,545 --> 00:17:05,546 You take an earlier bus? 401 00:17:05,633 --> 00:17:06,938 I caught a ride. 402 00:17:07,026 --> 00:17:08,331 Evening, Commander. Hey, Tom. 403 00:17:08,418 --> 00:17:10,116 I've got a couple days business up here in town, 404 00:17:10,203 --> 00:17:11,595 so thought I'd drive Mattie myself. 405 00:17:11,682 --> 00:17:13,162 Oh, good. Join us for dinner. 406 00:17:13,249 --> 00:17:14,337 You're cooking? 407 00:17:14,424 --> 00:17:15,556 We wanted to surprise you 408 00:17:15,643 --> 00:17:16,861 with a welcome home dinner. 409 00:17:16,948 --> 00:17:18,776 Oh, sorry. I didn't mean to impose. 410 00:17:19,081 --> 00:17:20,126 You're not imposing. 411 00:17:21,083 --> 00:17:23,520 That's okay. We've already had a nice long visit. 412 00:17:23,999 --> 00:17:25,479 Dumping me on the doorstep? 413 00:17:25,870 --> 00:17:28,873 Hardly. I just think that the sooner you settle back in 414 00:17:28,960 --> 00:17:31,006 with the Commander and Jennifer, the better, that's all. 415 00:17:31,093 --> 00:17:32,529 I can't see how a little dinner 416 00:17:32,616 --> 00:17:33,748 is gonna stand in the way of that. 417 00:17:33,835 --> 00:17:34,836 I could use some help. 418 00:17:34,923 --> 00:17:36,011 Come on, Dad. 419 00:17:36,098 --> 00:17:37,491 You need to eat. 420 00:17:37,578 --> 00:17:39,058 Come on. Come on. 421 00:17:39,580 --> 00:17:41,060 Okay. [ laughter ] 422 00:17:41,321 --> 00:17:42,757 ROBERTS: I hate to do this to you, sir, 423 00:17:42,844 --> 00:17:45,151 but I have finished the requisition reports, 424 00:17:45,890 --> 00:17:47,327 and I need your signature. 425 00:17:49,111 --> 00:17:50,243 Did the Admiral ever complain 426 00:17:50,330 --> 00:17:51,548 of carpal-tunnel syndrome? 427 00:17:52,071 --> 00:17:53,550 SEALs don't complain, sir. 428 00:17:55,291 --> 00:17:57,032 Any new word on the next JAG, sir? 429 00:17:57,119 --> 00:17:58,512 Rumor mill's still turning. 430 00:18:00,557 --> 00:18:01,993 Well, I better get out of here. 431 00:18:02,081 --> 00:18:03,560 Harriet wants me to pick up some, uh, goulash 432 00:18:03,647 --> 00:18:05,475 and a jar of gherkins. 433 00:18:05,562 --> 00:18:06,737 She having cravings? 434 00:18:08,087 --> 00:18:09,479 Actually, they're for me, sir. 435 00:18:10,045 --> 00:18:11,133 Good night, Commander. 436 00:18:11,220 --> 00:18:12,221 Good night, sir. 437 00:18:13,918 --> 00:18:14,963 Bud? 438 00:18:17,313 --> 00:18:18,836 Do you have a problem with my management style? 439 00:18:20,360 --> 00:18:21,404 No, sir. 440 00:18:22,101 --> 00:18:24,407 I think that your style is, uh, 441 00:18:24,494 --> 00:18:25,800 very straightforward, sir. 442 00:18:26,322 --> 00:18:28,019 You being diplomatic, Mr. Roberts? 443 00:18:30,979 --> 00:18:33,199 I don't know how to answer that, sir. 444 00:18:33,286 --> 00:18:34,635 I seem to have run afoul 445 00:18:34,722 --> 00:18:36,115 of my old colleagues here at JAG. 446 00:18:37,942 --> 00:18:39,030 Well... 447 00:18:39,727 --> 00:18:41,772 sometimes there's not a lot of room at the top 448 00:18:41,859 --> 00:18:43,296 for friendship, Commander. 449 00:18:47,604 --> 00:18:49,215 [ Tom Johnson ] That was quite a dinner, thanks. 450 00:18:49,302 --> 00:18:50,303 COATES: No, thank you. 451 00:18:50,390 --> 00:18:51,869 I was headed for disaster. 452 00:18:52,609 --> 00:18:54,568 Hmm. When I was a kid, 453 00:18:55,134 --> 00:18:56,744 almost every Saturday, Dad would cook. 454 00:18:58,615 --> 00:19:00,574 Tom, you said you were in town for business? 455 00:19:01,096 --> 00:19:03,142 Yup, got appointments at a few banks. 456 00:19:03,229 --> 00:19:04,534 Trying to secure a loan 457 00:19:04,621 --> 00:19:06,449 to start up Grace Aviation again. 458 00:19:06,536 --> 00:19:07,798 We went out to the airfield. 459 00:19:07,885 --> 00:19:09,060 Hangar's under new ownership. 460 00:19:09,365 --> 00:19:11,193 We talked to the manager. 461 00:19:11,280 --> 00:19:13,674 He said he'd cut us a deal, rent it to us at the old rate. 462 00:19:14,805 --> 00:19:17,373 Grace Aviation will be flying again. 463 00:19:17,982 --> 00:19:19,549 Well, you two have been busy, huh? 464 00:19:19,636 --> 00:19:20,855 Mattie's been a big help. 465 00:19:21,508 --> 00:19:22,552 [ Coates ] So that explains 466 00:19:22,639 --> 00:19:25,555 the extra week in Blacksburg. 467 00:19:25,642 --> 00:19:28,079 And here I thought you were delayed because of a boy. 468 00:19:28,167 --> 00:19:29,646 That, too. 469 00:19:29,733 --> 00:19:31,605 TOM: Well, don't worry. Mattie knows 470 00:19:31,692 --> 00:19:33,433 it's time to get back to the books. 471 00:19:33,520 --> 00:19:36,653 Boys and airplanes are just going to have to wait. 472 00:19:36,958 --> 00:19:38,133 There's always e-mail. 473 00:19:42,268 --> 00:19:43,356 SHEEHY: I appreciate your help, Colonel. 474 00:19:43,443 --> 00:19:45,488 Not a problem. 475 00:19:45,575 --> 00:19:46,620 About the other day... 476 00:19:47,360 --> 00:19:48,752 I'm sorry if I was out of line. 477 00:19:48,839 --> 00:19:50,189 No, you weren't. What you said was true. 478 00:19:50,711 --> 00:19:52,930 It's up to us to make sure your husband didn't die in vain. 479 00:19:54,671 --> 00:19:56,064 Thank you. 480 00:20:02,723 --> 00:20:03,724 What's going on, Mac? 481 00:20:04,377 --> 00:20:05,769 Just giving some legal advice. 482 00:20:06,074 --> 00:20:07,249 She's considering a civil suit 483 00:20:07,336 --> 00:20:08,555 against Battlefield Solutions. 484 00:20:09,033 --> 00:20:10,818 Is that her idea or yours? 485 00:20:11,079 --> 00:20:13,473 I read over Battlefield Solution's Pentagon contract, Harm. 486 00:20:13,560 --> 00:20:15,301 The past few months, Tom Elgart has violated 487 00:20:15,388 --> 00:20:17,216 at least a half a dozen rules of conduct. 488 00:20:17,303 --> 00:20:18,869 All that matters is what happened 489 00:20:18,956 --> 00:20:20,306 four days ago in Kirkuk. 490 00:20:20,393 --> 00:20:22,351 I know, but that's the damning part. 491 00:20:22,438 --> 00:20:24,527 Tom Elgart sent a message to Marine headquarters in Kirkuk 492 00:20:24,614 --> 00:20:26,181 detailing the Iraqi troops' movements. 493 00:20:26,268 --> 00:20:28,227 Yeah, it was in the after-action report. 494 00:20:28,314 --> 00:20:29,663 Yeah, one detail he left out. 495 00:20:29,967 --> 00:20:31,839 He never waited for confirmation that headquarters 496 00:20:31,926 --> 00:20:33,493 had notified Marine units in the field, 497 00:20:33,580 --> 00:20:35,495 a violation of his company's policy. 498 00:20:35,582 --> 00:20:36,626 What else? 499 00:20:37,236 --> 00:20:39,020 Well, Marine eyewitnesses reported that Elgart 500 00:20:39,107 --> 00:20:40,891 was carrying a weapon. Another violation. 501 00:20:40,978 --> 00:20:42,763 Mac, I'm not trying to stick up for the guy. 502 00:20:42,850 --> 00:20:44,721 However, he was operating in a war zone. 503 00:20:44,808 --> 00:20:45,853 Negligently. 504 00:20:46,157 --> 00:20:47,681 What happened was tragic. 505 00:20:47,768 --> 00:20:50,074 However, Elgart is out of our jurisdiction. 506 00:20:50,161 --> 00:20:52,251 He's Battlefield Solution's problem now. 507 00:20:52,686 --> 00:20:54,470 Retired Commander Merrick was a hell of a skipper 508 00:20:54,557 --> 00:20:56,690 when he was in the Navy. He's an honorable man. 509 00:20:56,907 --> 00:20:59,083 We can trust him to investigate his own people. 510 00:20:59,170 --> 00:21:00,607 Fine, and then what? 511 00:21:00,694 --> 00:21:03,131 A Marine dies, and Tom Elgart gets fired? 512 00:21:03,218 --> 00:21:04,959 That's it? What are you suggesting? 513 00:21:05,046 --> 00:21:07,918 We have a SECNAV authorize prosecuting a retired Marine? 514 00:21:08,005 --> 00:21:09,833 Were you two planning to tell me 515 00:21:10,094 --> 00:21:12,836 you were still pursuing the friendly fire incident in Kirkuk? 516 00:21:13,141 --> 00:21:14,664 We just assumed you would endorse 517 00:21:14,751 --> 00:21:16,013 our continued due diligence. 518 00:21:16,100 --> 00:21:17,580 I am not laughing, Harm! 519 00:21:17,667 --> 00:21:19,365 I just got a call from SECNAV, 520 00:21:19,452 --> 00:21:21,323 asking why we're investigating 521 00:21:21,410 --> 00:21:23,499 one of the Pentagon's private military contractors in Iraq. 522 00:21:23,717 --> 00:21:25,022 I did not have an answer! 523 00:21:25,109 --> 00:21:26,154 Sturgis, I think we have a case. 524 00:21:26,241 --> 00:21:27,938 I'm not so sure we do. 525 00:21:28,025 --> 00:21:29,462 I agree with Harm 526 00:21:29,549 --> 00:21:31,681 for a change, but SECNAV doesn't. 527 00:21:31,768 --> 00:21:33,074 Headquarters Marine Corps 528 00:21:33,161 --> 00:21:34,684 forwarded Ann Sheehy's allegations 529 00:21:34,771 --> 00:21:36,860 to his office, along with preferred charges. 530 00:21:37,121 --> 00:21:38,427 He's directed that 531 00:21:38,514 --> 00:21:39,907 retired Sergeant Major Elgart report 532 00:21:39,994 --> 00:21:41,343 and appear at court-martial. 533 00:21:41,430 --> 00:21:42,649 Don't look at me. 534 00:21:43,040 --> 00:21:44,520 It seems retired Commander Merrick 535 00:21:44,607 --> 00:21:46,217 was sufficiently distressed 536 00:21:46,609 --> 00:21:48,437 by the behavior of his employee that he made the call himself. 537 00:21:49,830 --> 00:21:50,918 Colonel, you'll prosecute. 538 00:21:51,005 --> 00:21:52,311 Commander, you'll defend. 539 00:21:52,398 --> 00:21:53,660 Oh, I'm not so sure 540 00:21:53,747 --> 00:21:55,096 the Retired Marine Sergeant Major 541 00:21:55,183 --> 00:21:56,227 is going to appreciate that decision. 542 00:21:56,967 --> 00:21:58,317 He's the one who requested you. 543 00:21:59,579 --> 00:22:01,972 I suggest you get your client a haircut and a shave 544 00:22:02,059 --> 00:22:03,931 and tell him to get his uniform pressed. 545 00:22:06,368 --> 00:22:08,109 Proceedings begin Monday, 0900. 546 00:22:19,773 --> 00:22:21,644 RABB: I'm surprised you requested me as defense counsel, 547 00:22:21,731 --> 00:22:22,950 Sergeant Major. 548 00:22:23,037 --> 00:22:24,647 Facing negligent homicide, 549 00:22:24,734 --> 00:22:26,214 I'd rather have you in my corner 550 00:22:26,301 --> 00:22:28,956 than some legal weenie devil-I-don't-know. 551 00:22:30,436 --> 00:22:32,002 I'll take that as a compliment. 552 00:22:32,089 --> 00:22:34,831 You can take this as a warning, Sergeant Major. 553 00:22:34,918 --> 00:22:37,007 Flash that attitude on the stand and we're done. 554 00:22:37,834 --> 00:22:40,837 I know only one way, sir... truth. 555 00:22:41,316 --> 00:22:43,057 Yeah, you said that last time. 556 00:22:43,579 --> 00:22:46,321 Before you neglected some important facts. 557 00:22:48,497 --> 00:22:50,717 You're referring to Mrs. Sheehy's allegations. 558 00:22:50,804 --> 00:22:52,066 Among other things. 559 00:22:53,894 --> 00:22:56,462 You try being a hired gun in Iraq, sir. 560 00:22:58,072 --> 00:23:01,292 The enemy doesn't play by the rules, so we have to bend them. 561 00:23:01,989 --> 00:23:04,252 They're driving recklessly through villages, 562 00:23:04,339 --> 00:23:07,298 armed takeovers of gas stations, pistol-whipping civilians? 563 00:23:07,386 --> 00:23:09,388 I remind you what happened to four contractors 564 00:23:09,475 --> 00:23:10,911 in Falluja this past spring... 565 00:23:11,259 --> 00:23:14,262 murdered, mutilated, burned and hung from a bridge, 566 00:23:14,523 --> 00:23:16,525 not to mention more recent atrocities. 567 00:23:17,396 --> 00:23:19,963 We drive fast because if we don't, we're dead. 568 00:23:20,703 --> 00:23:23,706 We crash gas stations 'cause if we run dry, we're dead. 569 00:23:24,751 --> 00:23:26,666 If we wait in line, we're dead. 570 00:23:27,406 --> 00:23:29,320 And the beating of civilians? 571 00:23:31,235 --> 00:23:32,802 That was a situation where... 572 00:23:34,413 --> 00:23:36,327 I was extracting information. 573 00:23:36,893 --> 00:23:39,069 The beating of this civilian, did it have anything to do 574 00:23:39,156 --> 00:23:40,244 with the terrorists you were pursuing 575 00:23:40,331 --> 00:23:41,420 the night of the incident? 576 00:23:44,814 --> 00:23:46,903 Look, Sergeant Major, you want me to represent you, 577 00:23:46,990 --> 00:23:48,165 you're going to have to come clean. 578 00:23:50,516 --> 00:23:52,300 What happened to those guys in Falluja, 579 00:23:52,387 --> 00:23:54,041 that happened to one of my men. 580 00:23:54,389 --> 00:23:55,825 It just didn't make the papers. 581 00:23:56,739 --> 00:23:58,698 It's one of the selling points of us hired guns: 582 00:23:58,785 --> 00:24:00,569 We slip into body bags real easy. 583 00:24:01,483 --> 00:24:02,702 What happened? 584 00:24:05,095 --> 00:24:07,620 Insurgents caught my number two guy alone at a checkpoint. 585 00:24:10,884 --> 00:24:12,407 By the time we found him, 586 00:24:12,494 --> 00:24:15,410 there wasn't much left to put in a body bag. 587 00:24:15,497 --> 00:24:17,238 The terrorist you were pursuing, 588 00:24:17,325 --> 00:24:18,413 this was the insurgents' leader. 589 00:24:20,894 --> 00:24:21,938 Yeah, I know. 590 00:24:22,461 --> 00:24:24,463 It sounds like a great motive 591 00:24:24,550 --> 00:24:26,508 for some trigger-happy mercenary to go blasting 592 00:24:26,595 --> 00:24:29,424 into a city street and end up killing a young Marine, right? 593 00:24:29,990 --> 00:24:31,470 Well, that's definitely what the government's 594 00:24:31,557 --> 00:24:32,558 going to try to prove. 595 00:24:34,342 --> 00:24:37,998 Sir, I spent 22 years in the Marine Corps. 596 00:24:38,389 --> 00:24:39,956 I'm a pro. 597 00:24:40,566 --> 00:24:44,831 I never fired at anybody that didn't fire at me first... sir. 598 00:24:47,486 --> 00:24:50,097 MACKENZIE: Lieutenant, your fire team was providing perimeter security 599 00:24:50,184 --> 00:24:52,534 for Kurdish leader Mohammed Aziz on the night in question. 600 00:24:52,621 --> 00:24:53,883 Tell us what happened. 601 00:24:54,667 --> 00:24:57,191 We were hunkered down, shadowing Aziz's bodyguards. 602 00:24:57,626 --> 00:24:59,280 Next thing, it's a firefight. 603 00:24:59,367 --> 00:25:03,066 My gunny was hit... my corporal killed. 604 00:25:03,589 --> 00:25:05,155 Who fired first, Lieutenant? 605 00:25:05,678 --> 00:25:08,158 The muzzle flashes I saw came from the archway, Colonel. 606 00:25:08,811 --> 00:25:11,640 Where the accused and his Iraqi Civil Defense Corps trainees 607 00:25:11,727 --> 00:25:12,815 were positioned. 608 00:25:13,337 --> 00:25:14,338 Did you have any idea they were there? 609 00:25:14,425 --> 00:25:15,862 We'd received no word 610 00:25:15,949 --> 00:25:18,299 of Iraqi troop movements in the area, ma'am. 611 00:25:18,386 --> 00:25:19,648 Thank you, Lieutenant. 612 00:25:20,214 --> 00:25:22,172 Lieutenant, you've stated in your debriefing 613 00:25:22,259 --> 00:25:24,305 that you had trouble with your field radio. 614 00:25:24,392 --> 00:25:26,655 Is it possible that headquarters tried to get ahold of you 615 00:25:26,742 --> 00:25:27,830 and just couldn't? 616 00:25:28,570 --> 00:25:31,660 Yes, but the onus is still on the Iraqis and their advisors 617 00:25:31,747 --> 00:25:33,444 to make their presence known, sir. 618 00:25:33,532 --> 00:25:36,099 Aziz's bodyguards had AK-47s. 619 00:25:36,186 --> 00:25:38,014 They were between you and the Iraqis. 620 00:25:38,841 --> 00:25:41,540 Given the conditions, Lieutenant, is it possible 621 00:25:41,801 --> 00:25:44,630 the flashes you saw came from Aziz's men 622 00:25:44,717 --> 00:25:46,327 and not from the Iraqis? 623 00:25:49,330 --> 00:25:50,592 It's possible. 624 00:25:50,984 --> 00:25:51,985 Thank you. 625 00:25:56,119 --> 00:25:57,381 [ knock at door ] 626 00:25:57,468 --> 00:25:58,992 Hope I'm not interrupting. 627 00:25:59,340 --> 00:26:00,820 No. Come on in. 628 00:26:02,473 --> 00:26:03,736 What can I do for you, Tom? 629 00:26:04,780 --> 00:26:06,913 Well, it's about those banks 630 00:26:07,000 --> 00:26:08,784 I'm trying to squeeze money from. 631 00:26:09,611 --> 00:26:10,917 Have a seat. 632 00:26:11,221 --> 00:26:12,527 Having a little trouble, huh? 633 00:26:13,049 --> 00:26:15,530 Well, let's just say I haven't met any Jimmy Stewarts 634 00:26:15,617 --> 00:26:17,793 who are interested in my wonderful life. 635 00:26:18,228 --> 00:26:19,403 You need legal help? 636 00:26:19,490 --> 00:26:20,970 No, no, that's not it. 637 00:26:21,928 --> 00:26:25,061 Actually, I just wanted to ask you for a reference. 638 00:26:25,148 --> 00:26:26,193 Of course. 639 00:26:27,150 --> 00:26:28,325 Be glad to. 640 00:26:29,109 --> 00:26:30,153 Thanks. 641 00:26:32,286 --> 00:26:33,461 How's Mattie? 642 00:26:33,548 --> 00:26:34,593 She's good. 643 00:26:35,681 --> 00:26:37,073 She's glued to the laptop. 644 00:26:37,726 --> 00:26:39,685 Instant-messaging, as far as I can tell. 645 00:26:39,902 --> 00:26:41,861 KEV-REV 150. 646 00:26:43,036 --> 00:26:44,515 That's Kevin Reilly. 647 00:26:44,994 --> 00:26:46,039 He's a boy back home. 648 00:26:47,040 --> 00:26:48,694 He's a nice kid, nothing to worry about. 649 00:26:51,348 --> 00:26:52,523 Well... 650 00:26:54,177 --> 00:26:57,093 Well, uh, I'll let you get back. 651 00:26:59,574 --> 00:27:00,967 Good luck. 652 00:27:01,402 --> 00:27:04,013 Listen, I don't know how to say this quite, but... 653 00:27:05,101 --> 00:27:06,233 I owe you a lot. 654 00:27:06,320 --> 00:27:07,451 Aw... 655 00:27:07,756 --> 00:27:08,888 No, not just about this reference. 656 00:27:08,975 --> 00:27:09,976 I mean about Mattie. 657 00:27:10,672 --> 00:27:14,589 I wanted my little girl back for so long, and... 658 00:27:14,676 --> 00:27:18,027 Well, now actually seems like maybe it's happening. 659 00:27:18,724 --> 00:27:20,334 You're the one doing the hard work, Tom. 660 00:27:20,421 --> 00:27:21,465 Getting your life back. 661 00:27:21,552 --> 00:27:22,684 Thank you. 662 00:27:24,991 --> 00:27:26,383 MACKENZIE: Former Gunnery Sergeant McDaniel, 663 00:27:26,470 --> 00:27:28,690 in what capacity are you and the accused employed 664 00:27:28,777 --> 00:27:30,083 by Battlefield Solutions? 665 00:27:30,692 --> 00:27:32,868 We're advisors to the Iraqi Civil Defense forces, Colonel. 666 00:27:32,955 --> 00:27:35,305 You were present on the night of the incident, isn't that true? 667 00:27:35,392 --> 00:27:36,872 I was on the advisor-team, yes. 668 00:27:37,612 --> 00:27:40,136 Battlefield Solutions' contract sets policy 669 00:27:40,223 --> 00:27:41,485 for advisors in the field. 670 00:27:42,138 --> 00:27:45,141 Now, these advisors aren't supposed to issue combat orders 671 00:27:45,228 --> 00:27:47,491 as Sergeant Major Elgart did, are they? 672 00:27:47,578 --> 00:27:48,884 That's what it says, Colonel. 673 00:27:49,493 --> 00:27:51,582 As noncombatants, they're also not supposed to carry weapons, 674 00:27:51,670 --> 00:27:54,324 though Sergeant Major Elgart was armed that night, wasn't he? 675 00:27:54,890 --> 00:27:56,413 We're on the front lines, Colonel. 676 00:27:56,631 --> 00:27:58,067 We'd be fools not to be carrying. 677 00:27:58,154 --> 00:27:59,460 I'll take that as a "yes." 678 00:28:00,287 --> 00:28:02,463 Policy also dictates that advisors 679 00:28:02,550 --> 00:28:04,639 inform U.S. forces of their movements 680 00:28:04,726 --> 00:28:06,293 in a combat zone. Which we did. 681 00:28:06,380 --> 00:28:07,598 You didn't wait for confirmation. 682 00:28:07,686 --> 00:28:09,122 We waited for six hours. 683 00:28:09,905 --> 00:28:11,254 But no, we didn't get confirmation. 684 00:28:12,560 --> 00:28:16,042 According to policy, your teams usually consist of four men... 685 00:28:16,129 --> 00:28:17,521 Objection. Relevance. 686 00:28:17,608 --> 00:28:19,001 I'm getting there, Your Honor. 687 00:28:19,088 --> 00:28:22,309 I'll go along for now. Proceed. 688 00:28:22,396 --> 00:28:24,180 There were only three of you out there that night. 689 00:28:25,051 --> 00:28:28,010 You recently lost the number two man on your team 690 00:28:28,097 --> 00:28:30,273 in an ambush by insurgents, isn't that right? 691 00:28:31,710 --> 00:28:34,887 Alan Ridley was... attacked, yes. 692 00:28:35,278 --> 00:28:37,150 By the terrorist leader you were pursuing 693 00:28:37,237 --> 00:28:38,281 on the night in question? 694 00:28:38,368 --> 00:28:39,718 Affirmative, Colonel. 695 00:28:40,066 --> 00:28:44,548 His body was mutilated, dragged through the streets. 696 00:28:44,635 --> 00:28:46,289 You got the facts right, ma'am. 697 00:28:46,681 --> 00:28:49,075 How did you and Sergeant Major Elgart feel about what happened? 698 00:28:49,292 --> 00:28:50,467 How do you think we felt? 699 00:28:53,949 --> 00:28:57,083 We were... angered and... outraged. 700 00:28:58,301 --> 00:29:00,129 Like any American would be. 701 00:29:00,434 --> 00:29:05,047 Enough to rush into a blind attack, guns blazing in revenge? 702 00:29:05,134 --> 00:29:06,135 Your Honor! 703 00:29:06,222 --> 00:29:07,397 Withdrawn. 704 00:29:07,484 --> 00:29:08,921 No further questions. 705 00:29:11,575 --> 00:29:12,751 I'd like to answer that if I may. 706 00:29:13,447 --> 00:29:14,535 Go ahead. 707 00:29:15,797 --> 00:29:17,233 The Colonel wants people 708 00:29:17,320 --> 00:29:19,409 to think that Tom Elgart's the kind of man 709 00:29:19,496 --> 00:29:21,585 that would let revenge rule his reason. 710 00:29:23,718 --> 00:29:25,589 We served together for 20 years. 711 00:29:26,286 --> 00:29:28,201 Never once did he exceed an order, 712 00:29:29,028 --> 00:29:30,769 nor risk lives needlessly. 713 00:29:32,683 --> 00:29:35,861 We're not vigilantes, we're Marines. 714 00:29:37,558 --> 00:29:39,603 Only difference now is the clothes on our back. 715 00:29:40,822 --> 00:29:42,693 Thank you, Mr. McDaniel. 716 00:29:51,833 --> 00:29:53,356 "History of Female Aviators." 717 00:29:54,488 --> 00:29:55,706 I was going to buy that book for you. 718 00:29:56,185 --> 00:29:57,404 Oh, yeah. 719 00:29:58,100 --> 00:29:59,754 It's okay. Dad went ahead and got it for me. 720 00:30:01,190 --> 00:30:02,191 Oh. 721 00:30:04,715 --> 00:30:06,195 RABB: "KEV-REV 150," huh? 722 00:30:07,109 --> 00:30:08,502 Uh... yeah. 723 00:30:08,589 --> 00:30:10,809 It's Kevin, a boy I like. 724 00:30:10,896 --> 00:30:11,897 Yeah, I know. 725 00:30:11,984 --> 00:30:13,115 Your dad told me about him. 726 00:30:13,202 --> 00:30:14,725 Great. 727 00:30:14,813 --> 00:30:16,336 Now I have two fathers with loaded shotguns. 728 00:30:16,684 --> 00:30:19,208 Actually, mine's a nine-millimeter Navy issue. 729 00:30:19,295 --> 00:30:20,340 It's more accurate. 730 00:30:23,865 --> 00:30:25,432 I'm having privacy issues here. 731 00:30:26,259 --> 00:30:27,260 Sorry. 732 00:30:29,653 --> 00:30:31,220 So, this, uh, Kevin... 733 00:30:33,092 --> 00:30:34,223 is it serious? 734 00:30:34,789 --> 00:30:36,922 After all, you are only 15. 735 00:30:37,618 --> 00:30:38,706 And? 736 00:30:40,055 --> 00:30:42,144 Do you know much about, uh... 737 00:30:44,581 --> 00:30:45,800 What, sex? 738 00:30:48,716 --> 00:30:51,327 Between MTV and the popular girls at school, 739 00:30:51,414 --> 00:30:53,764 I've heard the basics. 740 00:30:53,852 --> 00:30:55,288 Well, that's a little worrisome. 741 00:30:55,723 --> 00:30:57,420 Actually, it's a pretty serious topic, Mattie. 742 00:30:57,507 --> 00:30:58,726 It's something that you definitely need 743 00:30:58,813 --> 00:31:00,162 to talk to your dad about. 744 00:31:01,729 --> 00:31:03,687 He's the guy to go to on this one. 745 00:31:03,774 --> 00:31:04,819 Okay. 746 00:31:05,602 --> 00:31:06,647 Okay. 747 00:31:06,734 --> 00:31:07,735 [ whistles ] 748 00:31:07,822 --> 00:31:08,823 Good. Okay. 749 00:31:13,306 --> 00:31:15,612 MACKENZIE: Mrs. Sheehy, one final incident I'd like to discuss. 750 00:31:15,699 --> 00:31:17,049 On 28 May, 751 00:31:17,136 --> 00:31:18,877 one week before your husband was killed, 752 00:31:19,225 --> 00:31:21,009 he related to you a previous encounter 753 00:31:21,096 --> 00:31:23,359 with the accused in the village of Khasa, outside Kirkuk, 754 00:31:23,446 --> 00:31:24,491 is that right? 755 00:31:24,578 --> 00:31:26,188 Yes. 756 00:31:26,275 --> 00:31:28,321 Paul's fire team was again providing security 757 00:31:28,408 --> 00:31:30,192 for the Kurdish leader, Aziz, 758 00:31:30,279 --> 00:31:33,804 when they crossed paths with the Sergeant Major and his advisors. 759 00:31:33,892 --> 00:31:35,981 Oh. What were the Sergeant Major and his team doing there? 760 00:31:36,416 --> 00:31:39,941 They were pursuing terrorist insurgents. 761 00:31:40,028 --> 00:31:41,377 Paul said they had bad intel. 762 00:31:41,595 --> 00:31:43,162 Were the Marines aware that Iraqis 763 00:31:43,249 --> 00:31:44,467 and their advisors were there? 764 00:31:44,554 --> 00:31:45,686 No. 765 00:31:46,121 --> 00:31:47,122 But Paul said it wasn't the first time 766 00:31:47,209 --> 00:31:48,602 Sergeant Major Elgart 767 00:31:48,689 --> 00:31:50,082 and his team were freelancing. 768 00:31:50,647 --> 00:31:51,822 Did your husband say what happened? 769 00:31:53,346 --> 00:31:55,043 The two sides nearly engaged. 770 00:31:55,348 --> 00:31:56,653 What else did he say? 771 00:31:58,873 --> 00:32:00,353 Paul said it was a matter of time 772 00:32:00,440 --> 00:32:01,528 before someone got killed. 773 00:32:02,572 --> 00:32:03,660 Thank you, Mrs. Sheehy. 774 00:32:31,993 --> 00:32:33,647 What was that about, Sergeant Major? 775 00:32:34,213 --> 00:32:35,954 Well, Battlefield Solutions' corporate counsel 776 00:32:36,041 --> 00:32:37,477 thinks we're losing, sir. 777 00:32:38,478 --> 00:32:40,219 We'll have our day, tomorrow. 778 00:32:40,654 --> 00:32:43,048 Yeah, he also said that while he represents the company, 779 00:32:43,265 --> 00:32:44,745 he's concerned one of its employees 780 00:32:44,832 --> 00:32:46,965 isn't getting the best possible representation. 781 00:32:48,183 --> 00:32:51,012 Well, is that how you feel? 782 00:32:51,099 --> 00:32:53,275 Frankly, sir, I don't know how I feel. 783 00:32:54,450 --> 00:32:57,062 I do think it is maybe time to consider 784 00:32:57,149 --> 00:32:58,628 a tactical retreat, sir. 785 00:32:59,629 --> 00:33:02,850 The company lawyer offered a... a plea deal. 786 00:33:02,937 --> 00:33:05,331 I told him it's okay to talk to Colonel MacKenzie about it. 787 00:33:05,418 --> 00:33:06,810 You're making a mistake. 788 00:33:07,420 --> 00:33:09,248 Well, it wouldn't be the first time, sir. 789 00:33:21,956 --> 00:33:23,871 RABB: So, what kind of deal are they offering you? 790 00:33:24,393 --> 00:33:25,916 Battlefield's Corporate Counsel said 791 00:33:26,004 --> 00:33:27,527 if I plead guilty to the charges, 792 00:33:28,180 --> 00:33:30,356 the government will limit my confinement to two years, sir. 793 00:33:31,966 --> 00:33:33,837 A few days ago you sat in this room, 794 00:33:33,924 --> 00:33:35,274 and you told me you wanted to fight. 795 00:33:35,361 --> 00:33:36,710 I'm choosing my battles. 796 00:33:38,233 --> 00:33:39,626 How much money they offering you? 797 00:33:42,237 --> 00:33:44,022 I have a family to feed, Commander. 798 00:33:45,893 --> 00:33:47,721 Merrick said the company would pay me two million 799 00:33:47,808 --> 00:33:48,809 if I pled out. 800 00:33:49,375 --> 00:33:51,333 $2 million... 801 00:33:51,420 --> 00:33:52,769 for two years in the brig. 802 00:33:56,991 --> 00:33:59,689 You know, I believed you when you told me you weren't guilty. 803 00:34:00,560 --> 00:34:01,778 You want to look me in the eye now 804 00:34:01,865 --> 00:34:03,824 and tell me that's changed? 805 00:34:03,911 --> 00:34:05,217 That's not the point, Commander. 806 00:34:06,870 --> 00:34:08,002 When I joined the Marine Corps, 807 00:34:08,089 --> 00:34:09,090 I took an oath. 808 00:34:11,049 --> 00:34:13,486 Those stories Ann Sheehy recounted on the stand... 809 00:34:18,012 --> 00:34:19,796 Maybe I have lost my way, Commander. 810 00:34:20,623 --> 00:34:22,408 Well, you think you're gonna find it in Leavenworth? 811 00:34:22,799 --> 00:34:25,367 They call me soldier-of-fortune. 812 00:34:26,107 --> 00:34:27,543 I figure I may as well 813 00:34:27,630 --> 00:34:29,763 start living down to their expectations. 814 00:34:30,068 --> 00:34:32,070 You're not a mercenary, Sergeant Major. 815 00:34:33,636 --> 00:34:35,856 You take that $2 million, you will be. 816 00:34:38,424 --> 00:34:40,513 I know your team was in-country a long time. 817 00:34:41,079 --> 00:34:43,211 I think the constant threat, the isolation, 818 00:34:43,298 --> 00:34:45,561 people get jumpy, they make bad calls. 819 00:34:45,648 --> 00:34:46,954 Is that what's eating at you? 820 00:34:47,868 --> 00:34:49,783 Well, we were over there longer than we should've been, 821 00:34:50,436 --> 00:34:51,959 but three months is standard. 822 00:34:52,046 --> 00:34:54,092 My men and I were in Iraq for almost a year. 823 00:34:54,440 --> 00:34:56,572 Three months? 824 00:34:56,659 --> 00:34:59,227 Is that company policy? 825 00:34:59,314 --> 00:35:00,881 What are you thinking, Commander? 826 00:35:01,273 --> 00:35:02,665 I'm thinking $2 million 827 00:35:02,752 --> 00:35:04,406 is a hell of a severance package. 828 00:35:07,366 --> 00:35:09,368 JUDGE: Commander Rabb, you may call your first witness. 829 00:35:09,455 --> 00:35:11,544 I have only one witness, Your Honor. 830 00:35:11,631 --> 00:35:14,286 The defense calls Battlefield Solutions CEO 831 00:35:14,373 --> 00:35:15,896 James Merrick to the stand. 832 00:35:22,642 --> 00:35:24,905 Mr. Merrick, as head of Battlefield Solutions, 833 00:35:25,210 --> 00:35:26,820 do you feel you're responsible 834 00:35:26,907 --> 00:35:28,778 for the actions of your employees in the field? 835 00:35:28,865 --> 00:35:30,954 I am responsible for setting the policies 836 00:35:31,041 --> 00:35:33,392 by which they are to conduct themselves, Commander. 837 00:35:33,479 --> 00:35:35,263 Is it your opinion that the accused 838 00:35:35,524 --> 00:35:37,483 failed to adhere to these policies, sir? 839 00:35:37,744 --> 00:35:39,485 MERRIC: Regretfully, it is. 840 00:35:39,833 --> 00:35:42,052 RABB: Is that why you contacted Headquarters Marine Corps 841 00:35:42,140 --> 00:35:43,793 and requested this court-martial, sir? 842 00:35:43,880 --> 00:35:45,230 I contacted General Hale 843 00:35:45,317 --> 00:35:46,622 in the interest of serving justice. 844 00:35:46,709 --> 00:35:48,494 Not to mention your own interests, 845 00:35:48,581 --> 00:35:50,887 by heading off a civil suit by Corporal Sheehy's widow. 846 00:35:50,974 --> 00:35:51,975 Objection. 847 00:35:52,062 --> 00:35:53,368 Sustained. 848 00:35:53,455 --> 00:35:55,196 Careful, Commander. Yes, sir. 849 00:35:55,283 --> 00:35:57,372 Well, Mr. Merrick, was it in the interests of justice 850 00:35:57,459 --> 00:35:59,461 when you offered my client $2 million 851 00:35:59,548 --> 00:36:00,767 to cop an early plea? 852 00:36:00,854 --> 00:36:02,203 Objection. Counsel is putting words 853 00:36:02,290 --> 00:36:03,900 in the witness's mouth. I agree. 854 00:36:03,987 --> 00:36:05,772 However, I would like to hear his answer. 855 00:36:06,294 --> 00:36:08,818 I think that Mr. Elgart would acknowledge his own guilt. 856 00:36:08,905 --> 00:36:11,430 He did act negligently when he instigated a firefight 857 00:36:11,517 --> 00:36:12,692 with U.S. Marines. 858 00:36:13,258 --> 00:36:15,390 I have a copy of your company's policies 859 00:36:15,477 --> 00:36:17,740 on deployment, Mr. Merrick, 860 00:36:17,827 --> 00:36:21,222 which states that the advisors are to be rotated 861 00:36:21,570 --> 00:36:22,571 every three months... 862 00:36:23,181 --> 00:36:25,139 "to avoid the potential for lethal mistakes 863 00:36:25,226 --> 00:36:27,272 in the field due to combat fatigue." 864 00:36:27,489 --> 00:36:28,969 Are you familiar with this policy, sir? 865 00:36:29,056 --> 00:36:30,057 I am. I wrote it. 866 00:36:30,144 --> 00:36:31,145 Were you not aware 867 00:36:31,493 --> 00:36:32,886 that the sergeant major and his team 868 00:36:33,321 --> 00:36:36,281 had been in-country, in combat, for just short of a year, 869 00:36:36,368 --> 00:36:38,108 well over the three-month period? 870 00:36:38,196 --> 00:36:40,328 If I erred in judgment, I accept that. 871 00:36:40,894 --> 00:36:43,505 It doesn't alter my opinion that the accused is guilty, 872 00:36:43,592 --> 00:36:45,420 nor that the swift application of justice 873 00:36:45,507 --> 00:36:47,553 is desired by all of us. 874 00:36:47,640 --> 00:36:49,859 For all or for you, Mr. Merrick? 875 00:36:49,946 --> 00:36:52,471 You've done everything you can to quash any real inquiry 876 00:36:52,558 --> 00:36:54,037 into this incident from the beginning. 877 00:36:54,386 --> 00:36:56,344 Objection, Your Honor. Where is counsel going with this? 878 00:36:56,431 --> 00:36:58,477 I'd like to know. Proceed, Commander. 879 00:36:58,738 --> 00:37:00,392 Thank you, sir. 880 00:37:00,479 --> 00:37:05,745 I obtained from the CIA unredacted action reports, 881 00:37:05,832 --> 00:37:08,530 detailing operations by your employees in the field 882 00:37:08,617 --> 00:37:12,186 in which I found unsettling patterns, sir. 883 00:37:13,709 --> 00:37:16,059 Now, we know about the near-firefight 884 00:37:16,146 --> 00:37:18,801 between the sergeant major and his team 885 00:37:18,888 --> 00:37:21,108 when they previously crossed paths with the Marines. 886 00:37:21,195 --> 00:37:22,457 We know about the incident 887 00:37:22,544 --> 00:37:24,198 in which Corporal Sheehy was killed. 888 00:37:24,938 --> 00:37:27,680 But I found other instances with other teams 889 00:37:27,767 --> 00:37:29,899 in which Mohammed Aziz, due to bad intel, 890 00:37:29,986 --> 00:37:31,684 was mistakenly targeted. 891 00:37:32,032 --> 00:37:33,686 Care to comment on that, Mr. Merrick? 892 00:37:34,121 --> 00:37:37,298 It's a war zone, Commander; nothing is clear-cut. 893 00:37:37,385 --> 00:37:39,082 No, not like in business, 894 00:37:39,431 --> 00:37:40,823 where clarity is everything. 895 00:37:42,738 --> 00:37:44,392 Battlefield Solutions in the past year 896 00:37:44,479 --> 00:37:46,525 recently merged into a conglomerate, 897 00:37:46,612 --> 00:37:48,004 with Henson-LeRoux... 898 00:37:49,267 --> 00:37:51,138 in which you received 899 00:37:51,225 --> 00:37:53,488 200,000 shares of the parent company 900 00:37:53,575 --> 00:37:54,837 in a stock swap. 901 00:37:54,924 --> 00:37:56,317 Isn't that correct, Mr. Merrick? 902 00:37:56,709 --> 00:37:58,101 It's a matter of public record. 903 00:37:58,188 --> 00:37:59,233 Henson-LeRoux has 904 00:37:59,320 --> 00:38:00,843 oil interests in Iraq, 905 00:38:00,930 --> 00:38:03,150 particularly the Kurdish region. 906 00:38:03,237 --> 00:38:04,282 Isn't that correct? 907 00:38:06,545 --> 00:38:08,634 Or would you rather have your lawyer do the talking? 908 00:38:10,244 --> 00:38:11,898 I'm sure you know the answer, Commander. 909 00:38:12,594 --> 00:38:14,248 That oil deal would be threatened 910 00:38:15,118 --> 00:38:17,251 if Mohammed Aziz were to assume control 911 00:38:17,338 --> 00:38:20,907 of the oil ministry in an autonomous Kurdish region. 912 00:38:21,864 --> 00:38:23,562 Mr. Aziz has been less than friendly 913 00:38:23,649 --> 00:38:25,868 toward Henson-LeRoux in public statements made. 914 00:38:25,955 --> 00:38:27,217 Isn't that correct, sir? 915 00:38:27,305 --> 00:38:28,349 He's also not been a friend 916 00:38:28,436 --> 00:38:29,872 to the United States. 917 00:38:29,959 --> 00:38:32,745 This man is a warlord and a murderer. 918 00:38:33,093 --> 00:38:35,443 Controlling Kurdish oil would be good for all of us. 919 00:38:35,791 --> 00:38:37,489 I checked into the source of the bad intel. 920 00:38:38,707 --> 00:38:41,449 It came from an informant in Kirkuk, 921 00:38:41,884 --> 00:38:44,060 a contract employee of Battlefield Solutions. 922 00:38:44,147 --> 00:38:45,540 Which made me wonder 923 00:38:46,498 --> 00:38:49,022 whether the bad intel was coming from Iraq 924 00:38:49,109 --> 00:38:50,415 or from your boardroom. 925 00:38:50,850 --> 00:38:52,634 Army CID is curious, too. 926 00:38:53,069 --> 00:38:54,897 They're presently questioning the informant. 927 00:38:54,984 --> 00:38:56,072 They want to know why, 928 00:38:56,508 --> 00:38:58,205 on five separate occasions, Mr. Merrick, 929 00:38:59,598 --> 00:39:02,252 Mohammed Aziz was targeted by different teams 930 00:39:02,340 --> 00:39:04,733 to be taken out by mistake, 931 00:39:05,299 --> 00:39:07,954 by men you placed in the field, in combat, 932 00:39:08,041 --> 00:39:11,305 fatigued, on a hair trigger. 933 00:39:11,392 --> 00:39:13,220 You want to save them some time, sir? 934 00:39:15,788 --> 00:39:17,920 Maybe you should let your lawyer do the talking from here on out. 935 00:39:18,007 --> 00:39:19,400 I have no further questions, Your Honor. 936 00:39:21,924 --> 00:39:23,448 The accused and counsel will rise. 937 00:39:24,405 --> 00:39:26,712 The senior member will announce the findings, please. 938 00:39:27,756 --> 00:39:30,150 On the charge and specification of negligent homicide, 939 00:39:30,237 --> 00:39:31,717 Sergeant Major Thomas Elgart, 940 00:39:31,804 --> 00:39:33,719 United States Marine Corps, Retired, 941 00:39:33,806 --> 00:39:35,329 this court-martial finds you... 942 00:39:35,677 --> 00:39:38,071 not guilty. 943 00:39:38,158 --> 00:39:39,594 On the charge and specification 944 00:39:39,681 --> 00:39:41,640 of dereliction of duty, we find you... 945 00:39:41,988 --> 00:39:43,076 not guilty. 946 00:39:43,468 --> 00:39:44,469 JUDGE: Thank you, Captain. 947 00:39:44,817 --> 00:39:45,948 This court is adjourned. 948 00:39:47,515 --> 00:39:48,647 Thank you, Commander. 949 00:39:49,212 --> 00:39:50,692 Congratulations. Thank you. 950 00:39:51,345 --> 00:39:52,781 Congratulations, you can hang up 951 00:39:52,868 --> 00:39:54,696 that uniform again, Mr. Elgart. 952 00:39:54,783 --> 00:39:57,264 Not sure I'm ready to hang it up just yet, ma'am. 953 00:39:58,091 --> 00:40:00,746 Sir, ma'am, if you'll excuse me? 954 00:40:03,357 --> 00:40:04,750 I wish you'd shown me the courtesy 955 00:40:04,837 --> 00:40:06,795 of having a conversation before ambushing me 956 00:40:06,882 --> 00:40:08,493 on the witness stand, Commander. 957 00:40:08,580 --> 00:40:10,538 Courtesy had nothing to do with it, Mr. Merrick. 958 00:40:10,799 --> 00:40:13,193 Sergeant Major Elgart made a poor command decision. 959 00:40:13,280 --> 00:40:14,934 And you didn't? 960 00:40:15,021 --> 00:40:18,111 I did what was best for my company and my country. 961 00:40:18,198 --> 00:40:20,679 And for yourself. What happened to you, Merrick? 962 00:40:20,766 --> 00:40:22,245 What happened to honor and decency? 963 00:40:22,985 --> 00:40:24,596 I joined the real world, Colonel. 964 00:40:24,683 --> 00:40:26,162 Perhaps that's something you wouldn't understand. 965 00:40:26,249 --> 00:40:27,773 I took a stab at the real world, 966 00:40:27,860 --> 00:40:29,514 a private law firm, it didn't change me. 967 00:40:29,731 --> 00:40:32,691 Obviously. You returned to the service. 968 00:40:32,952 --> 00:40:34,780 See, that's the difference between you and me. 969 00:40:35,476 --> 00:40:38,131 I didn't have a Navy to return to. 970 00:40:38,218 --> 00:40:39,306 It can be arranged. 971 00:40:39,698 --> 00:40:41,482 We recalled Sergeant Major Elgart. 972 00:40:41,874 --> 00:40:44,006 We could extend you the same courtesy, Mr. Merrick. 973 00:40:44,093 --> 00:40:45,530 We kept you out of Leavenworth once. 974 00:40:45,617 --> 00:40:46,792 Might be different next time. 975 00:40:47,923 --> 00:40:48,924 Talk to my lawyer. 976 00:40:49,882 --> 00:40:51,274 Well, we'll have to get in line. 977 00:40:51,797 --> 00:40:54,016 I have a feeling by morning you'll have a civil suit 978 00:40:54,103 --> 00:40:56,454 on your desk asking for a little more than $2 million. 979 00:40:59,587 --> 00:41:02,851 Hard to believe a man can do a 180 like that, Harm. 980 00:41:02,938 --> 00:41:04,679 [ chuckles ] It happens. 981 00:41:05,375 --> 00:41:08,814 ELGART: There's no way I can adequately apologize to you, ma'am. 982 00:41:09,815 --> 00:41:11,251 What I can say is... 983 00:41:12,078 --> 00:41:14,384 in my one brief encounter with your husband, 984 00:41:15,995 --> 00:41:18,780 he demonstrated a strength and a courage of conviction 985 00:41:18,867 --> 00:41:20,826 that I hope to one day again find in myself. 986 00:41:22,871 --> 00:41:24,743 Well, maybe you've started, Sergeant Major. 987 00:41:29,487 --> 00:41:31,053 [ knocking ] 988 00:41:34,013 --> 00:41:35,362 Hey! Hey! 989 00:41:36,232 --> 00:41:37,973 You and the commander ready? 990 00:41:38,060 --> 00:41:40,062 RABB: I'm gonna have to take a rain check, Tom. 991 00:41:40,149 --> 00:41:41,586 I'm, uh, kind of buried. 992 00:41:41,673 --> 00:41:43,501 Unfortunately, my new boss 993 00:41:43,588 --> 00:41:45,677 is getting even for me sneaking around behind his back. 994 00:41:46,634 --> 00:41:48,854 Oh, I'm sorry to hear that. 995 00:41:48,941 --> 00:41:49,898 Another night. 996 00:41:49,985 --> 00:41:51,073 Good. 997 00:41:52,988 --> 00:41:53,989 We won't be late. 998 00:41:54,729 --> 00:41:55,904 Okay. 999 00:42:01,301 --> 00:42:02,476 Forgot my sweater. 1000 00:42:07,829 --> 00:42:10,266 You... really should join us. 1001 00:42:11,877 --> 00:42:13,052 I'm kind of busy. 1002 00:42:14,096 --> 00:42:16,534 You know, I've... stopped worrying about you 1003 00:42:16,621 --> 00:42:17,796 trying to send me away. 1004 00:42:17,883 --> 00:42:19,275 Good. 1005 00:42:19,754 --> 00:42:22,104 You need to stop worrying that you don't count anymore. 1006 00:42:22,757 --> 00:42:24,454 Mattie, I just think it'll be good for you 1007 00:42:24,542 --> 00:42:25,891 to spend some more time with your dad. 1008 00:42:27,545 --> 00:42:29,285 It's pretty obvious that you're worried. 1009 00:42:29,764 --> 00:42:32,027 The look on your face when I told you he bought me that book, 1010 00:42:33,028 --> 00:42:34,769 the lack of annoying personal questions, 1011 00:42:34,856 --> 00:42:36,075 ditching dinner tonight. 1012 00:42:36,771 --> 00:42:38,294 I've got a lot of work to do, uh... 1013 00:42:39,426 --> 00:42:41,210 You know, I wouldn't have known 1014 00:42:41,297 --> 00:42:43,430 about that female aviators book, if it weren't for you, Harm. 1015 00:42:44,039 --> 00:42:45,432 I know. 1016 00:42:45,519 --> 00:42:48,087 And the annoying personal questions... 1017 00:42:48,174 --> 00:42:49,479 I need them. 1018 00:42:50,785 --> 00:42:52,134 I need you. 1019 00:42:54,136 --> 00:42:55,790 I appreciate everything you've done 1020 00:42:55,877 --> 00:42:57,662 for my dad and me, getting us back together, 1021 00:42:57,749 --> 00:43:00,403 but you're not getting rid of me. 1022 00:43:00,490 --> 00:43:01,535 Good. 1023 00:43:04,190 --> 00:43:05,191 Last chance? 1024 00:43:09,587 --> 00:43:11,240 Have fun. Thanks. 1025 00:43:12,111 --> 00:43:13,808 I'll see you later. Okay. 1026 00:43:15,767 --> 00:43:16,898 Hey! 1027 00:43:16,985 --> 00:43:17,986 Your sweater! 1028 00:43:22,164 --> 00:43:23,601 Reduce altitude. 1029 00:43:48,234 --> 00:43:50,192 [ closing theme music playing] 75784

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