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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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