All language subtitles for JAG.S10E07.Camp.Delta.1080p.AMZN.WEB-DL.DDP2.0.H.264-BurCyg_track3_[eng]

[ indistinct voices]

[ keys jangling]

[ speaking Arabic]

Extract him.

Yes, sir.

[ panting]

[ grunting and groaning]

Son of a...
Spray him.

[ aerosol releasing]
[ yelling]

[ choking]
Come on!

[ grunting]

Come on!

Stay still.

[ shouting in Arabic]

PRISONER:
What is wrong with you?

SERGEANT: Let him go!

He's not secured, Sergeant.

I said let him go!

[ sighs]

He's US Army.

Well, why didn't
he say something?

Get that thing off!

[ theme music playing]

Hey, what time
did he call you?

Zero-five-hundred.

Got me out of the shower.

Don't Marines ever sleep?

Don't ask me.

[ Velcro tearing]

COATES:
You're a bit large, sir.

GENERAL CRESSWELL:
Then let's forget it.

I can handle it.
Is it too tight, sir?

I don't want to hurt you.

You're not hurting me.
Start pumping.

Enter.

[ monitor beeping]

134 over 90.
Yellow light, sir.

I work out five days a week.

I'm eating so much fiber
I feel like a bale of hay.

I've never been healthier.

You might want
to consider biofeedback, sir.

Would you like me to look
into it for you?

No, I would not.

It's no problem, sir.

No biofeedback.

Have a seat.

Either of you been
to Guantanamo?

No, sir.

I've been to Cuba,
not Guantanamo, sir.

I was there to recover
one of our F-14s.

Were you successful?

In a manner of speaking.
It's a bit of a long story...

You'll tell me
about it someday.

Last night,

Army Corporal
Gino Hatanian posed
as a detainee

in what was supposed to be
a training exercise

in handling
uncooperative
prisoners...

Supposed to be?
The scenario was,

Hatanian had
vital information needed
by the CIA.

He was instructed
to resist being taken
to interrogation.

He resisted...

so well three MPs
put him in a coma.

A coma?

You're not going to keep

echoing me, are you, Colonel?

Echoing you?

No, sir.

RABB: I assume
the MPs didn't know

he was regular army, sir.

Correct. They were
told he was Al Qaeda.

That's irrelevant.
Brutality is never acceptable.

We established that
at Abu Ghraib.

Ah, but this is
Guantanamo, Colonel.

The rules of physical
duress are vague

when it comes to
suspected terrorists

and illegal combatants.

The MPs may very well have not
broken any law.

General Spinoza commands
the Joint Task Force

that runs the Detention Center.

He asked the Navy to provide

a trial team for
a court-martial.

Colonel, you'll prosecute.
Commander, you'll defend.

He wants usto prosecute
the MPs?

The Army has its own
JAG Corps, sir.

Army JAG feels it'll eliminate
any perception of impropriety

or command influence
if we take it. I agreed.

Did I make
a wrong decision, Colonel?

No, sir. Of course not.

That'll be all.

RABB: Uh, who will preside, sir?

Captain Munsen, Navy.

And the court members, General?

Mixed. If there's
nothing else...?

No, sir.
Thank you, sir.

Colonel?

Sir?

General Spinoza isn't
particularly fond of Marines.

But don't worry...

he likes the Navy even less.

Here're your TAD orders,
sir, ma'am.

Your flight to Guantanamo
departs from Norfolk

in three hours
and 45 minutes.

We better get going.

Ten minutes ago,
yes, sir.

[ tapping door]:
Bud...

Oh!

Sorry, sir.

My leg gets a little sore,
with the damp weather.

Listen, I got to cancel
lunch today.

I'm on my way to Guantanamo.

Oh, no problem. Uh, you know,
Mikey's coming up.

We'll go out
and get something.

While you're out,
you may want to check into

a new pair of shoes.

MACKENZIE:
Okay, on the Article 86:

push mitigating circumstances.

Oh, and there's a witness
who saw Petty Officer Lyons

running out
of the PX carrying a bag...

Mac... I've got
the files.

I havetried
a case before.

[ sighs]

Thanks for covering for me.

You know me, always ready
to help out a fellow officer.

Especially
when the General orders you to.

[ chuckles]

Mac?

You know, you're heading
into a political minefield here.

You won't be
prosecuting soldiers

for assaulting
another soldier.

You'll be prosecuting MPs
for abusing a detainee,

and the press will be on you
like locusts on wheat.

Remember the context.

I appreciate
the warning, Sturgis,

but you're not
my boss anymore.

I'm not speaking
to you as a boss.

I'll send you a
postcard from Gitmo.

Don't worry, sir.

You couldn't have picked
two more impassioned people.

As legal adversaries.

ROBERTS:
Oh, they feel good.
I'll take them.

MIKE: Bud, that's the first pair
you tried on.

I like them.

Do you have any
other brands?

Mm-hmm.
Thanks.

MAN: Iraq?

Afghanistan.

Right, right, yeah.

That's where
you guys blew up

$20 tents with
million-dollar missiles, right?

Really had the Taliban
on the run.

The minute we leave,
they're gonna be back.

You know that, right?

You don't even know
what you're talking about.

Mike, let it go.
He's entitled
to his opinion.

You lost part of a leg.

We got kids coming
back in body bags,

two, three limbs blown off.

Is it worth it?

What is your problem?

[ scoffs]:
Other than being tricked into

a bloody, unjust, badly-planned
war we can't win? Nothing.

Hey, we already won
the war, pal.

Why? Because someone declares,
"Mission accomplished"?!

No. Because we dragged
a murdering dictator
out of his hole

and put him behind bars.
So, let's get all
the dictators, huh?

Let's round 'em up, I mean...

And what are we
gonna gain, Mike?

I mean, what is
this war about,

other than imposing
our will?
It's about our freedom.

What freedom would I have lost
if we hadn't invaded Iraq?

The freedom to say anything
you want, no matter how stupid.

You know, if you don't like
what this country does,

why don't you leave it?

No. Youleave!
Oh, yeah!

If people like us left,
your daughter'd be wearing
a burka in five years.

Oh, that is an absurd,
idiotic statement...

You're the idiot,
you big fat
piece of...

That's enough!
You knuckle dragger...
knuckle-dragging

storm trooper.
Sieg heil!

[ grunts]
MIKE:
Oh!

Oh, I'm sorry.

I-I thought you
were going to hit him.

You broke my nose!

Oh, God...!

[ moaning]

MAN:
General Cresswell tells me
you're two of his best lawyers.

Well, that's awfully
kind of the General, sir...

Don't waste my time
with false modesty, Commander.

Are you good or not?

We get the job done, sir.

Spoken like
a true Marine.

Thank you, General.

Will you be defending
all three men, Commander?

Unless someone objects, sir,
or there's a conflict
of interest.

No one's pointing the finger
at anyone else,

if that's what you mean.

I'll wait till
I interview the
accused, sir,

before I make
my determination.

Hmm, won't take
my word for it. Good.

You'll have full cooperation,
access to records,

facilities, support staff, MPs,
detainees, whatever you need.

I understand there's a videotape
of the incident, General?

There is. Unfortunately,
it's been misplaced.

I'd appreciate a copy as soon
as it's been located, sir.

Absolutely.
Captain Schooner will show you
to your offices.

[ knocking]

WOMAN:
Commander Rabb?

Captain Tam,
Army Trial Defense Service.

I just got in
from Fort Stewart.

Oh, hello, Captain.

So... is that my desk?

They didn't tell you?

Apparently not.

I'll be assisting you, sir.

Captain, I didn't request
assistance from Army JAG.

CINCSOUTH felt
the Army should have

some representation
in this rodeo.

You could say I'm kind
of a political appointee.

Look, uh, Captain...

You can refuse my services,
of course, sir.

But I'm a damn good lawyer.

I'm yours for free.

All right.

Well, you should know
that General Spinoza says

the videotape of the incident
has been misplaced...

I'll get on it.

Before we do that,

we're going to start
interviewing our clients.

Firstly, we'll interview
Staff Sergeant Lantana.

He was in charge
of the MP detail.

You must be
the defense team.

That's right.
I'm Brett Orman.

This is
Staff Sergeant Lantana.

He wants to confess.

Sir, I take full responsibility

for what happened
to Corporal Hatanian.

RABB:
Who are you?

I just told you. Brett Orman.

I work for Ajax,
a private defense firm.

A civilian contractor.
ORMAN:
That's right.

What's your interest
in this case?

I was the one who asked
Staff Sergeant Lantana

to bring the detainees
to the interview room.

Staff Sergeant,
I'm Commander Rabb.

This is Captain Tam.

We're your legal representation.

You'll not take responsibility
nor will you make

any further statements
without our consultation.

Is that understood?

Yes, sir, but...

I'm willing to plead guilty
if it'll help my men.

Nobody's pleading guilty,
Staff Sergeant.

Now, Mr. Orman,

we'd like to speak
to our client alone.

RABB: Guard.
Of course.

As you were,
Staff Sergeant.

Have a seat.

Sorry, sir.

I've never had to deal
with this kind of thing before.

That's all to your credit,
Staff Sergeant.

What you need to understand is
that we're on your side.

Now take a breath and, uh,
tell us what happened.

Okay.

My team is part of the IRF:
the Internal Reaction Force.

One second, please.

Continue.

Uh... we go in
when a detainee threatens

another detainee or a guard,
or, uh, causes a disturbance.

Are you armed?

Only with pepper
spray, ma'am.

No firearms or stun guns.

Did you know this
particular call was

a training exercise?

No, ma'am, they told us

the detainee
in Cell D-436 was

an Al Qaeda terrorist
with vital information.

They?

Intel. They told us to take him
to Mr. Orman for questioning.

They-they warned us
that they had

to pepper-spray him earlier
because he a-assaulted a guard.

What happened
when you got there?

He was hunkered down
under his bunk.

We tried to coax him out.

He resisted, so we got
a little more physical.

You put the guy in the hospital,
Staff Sergeant.

I'd call that
pretty darn physical.

DR. WITTMAN:
He has a concussion

and damaged trachea.
MACKENZIE:
Brain damage?

DR. WITTMAN:
We won't know
till he wakes up.

And when will that be?

There's no way of telling,
but if I don't see signs

of improvement soon,
I'm sending him to Walter Reed.

Most of the injuries
are internal.

You get many of
these, Doctor?

The majority
of detainees suffer

from constipation
or sprains

from playing volleyball
and soccer.

But you have had other
types of injuries?

Yes.
Due to beatings?

I've treated patients
for abrasions and bruises.

Due to beatings, Doctor?

Possibly.

Has your IRF team beaten up
any other detainees,

Staff Sergeant?
Ma'am, we use
the minimum amount

of force necessary to get
the job done.

You...
Does that include

softening up captives
for interrogation?

Not in so many words.

What does that mean?

Ma'am, you'll have to talk
to Intelligence about that.

You need to be candid with us.
We're here to help you.

With all due respect, ma'am,
you don't sound like it.

I hope you don't mind me talking
while you interrupted.

I apologize
if I was a little over-
assertive, Commander.

Being assertive is fine.

Just remember
you're second chair, Captain.

Yes, sir-- I just thought
that Colonel MacKenzie will try

to establish
a pattern of behavior

showing that
MPs regularly use
coercion and force.

She'll find detainees
who witnessed the incident,

put them on
the stand...
No, she won't,

because she knows I'll attack
their credibility.

Yes, but...
I'm talking now, Captain.

Please, before you
start worrying

about the prosecution's
strategy,

we need to gain
our client's confidence,

and we're not going
to be able to do that

if you keep attacking him.

I was playing
devil's advocate, sir.

Well, the devil has
enough advocates.

Start representing
your client.

Sweetie, are you okay?

Oh, I'm good.
How are you?

I'm fine.
Do you know
that they have

Bible study class
in there now?

Jails have sure
changed since my time.

You didn't have
to come, Dad.

Hey, what am
I going to do,

sit here and watch
you rot in jail?

Besides, I wanted to see
how my new grandsons are doing.

They're fine, Dad.

Dad put up your bail.

I appreciate that.

Sorry to be
trouble, Dad.

Hey, no need
to apologize.

From what I hear, the son
of a ... had it coming.

Hell, it's about time
I saw you show some grit anyway.

You know, one time
I was on leave

in, uh, Subic Bay.

This cretin tried
to steal my wallet.

[ laughs]:
I chased him
all the way...

I just got off the phone
with the Fairfax County

Commonwealth
Attorney's Office.

Care to venture a guess
who we talked about?

Me, sir?

You, sir.

He informed me
the Commonwealth of Virginia is

charging you with assault.

ROBERTS:
So I've heard, sir.

So you've heard?

Were you ever going to tell me?

I didn't want
to burden you

with my personal problems,
General.

A JAG officer
brawling in public

is not a personal
problem, Commander
Roberts.

When he's in uniform
under my command,

it's my problem.

Did you know
about this?

No, sir.

Did you attack this civilian?

Yes and no, sir.

Uh, he attacked my brother
with a shoe, and I was trying...

A-a shoe?

Yes, sir,

a-a-a heavy shoe:
a wing-tipped oxford.

Why?

The gentleman had said

some disparaging remarks
about the military.

My brother Mikey's
a midshipman at the Academy.

He took offense, heated words
were exchanged, and...

So you hit a wingtip-wielding
history teacher

because he insulted the Navy?

Well, not just the Navy, sir.
The Marine Corps as well.

Are you trying to manipulate me,
Commander?

No, sir.

If you're convicted,
your Naval career is over.

You know that.

I expect to be acquitted, sir.

You're a member
of the Virginia Bar, Commander.

You'll volunteer
as defense counsel.

Aye, aye, sir.
Make this go away.

Do my best, sir.

After the civilians are done
with you,

Commander Roberts...
it'll be my turn.

That'll be all, gentlemen.

Dismissed.

Aye, aye, sir.
Aye, aye, sir.

Specialist Scanlon,
anything you say

in this room is protected
by lawyer-client privilege.

Was Corporal Hatanian violent

or otherwise threatening?

Yes, sir.

How?

Sorry.

Did he attack you?

He kicked me in the chest.

If we hadn't taken him down,
he might've hurt somebody.

Look, now I know
the guy was acting and all,

but at the time,
we thought it was real.

Is this how you
would normally
treat a prisoner?

We use force to subdue violent

and recalcitrant prisoners--
yes, sir.

You thought the prisoner
was a terrorist

with vital information.

Were you ordered
to soften him up?

Well, sometimes,
we're encouraged

to "fear up"
certain high-value prisoners.

By whom, your officers?

No, sir, by the OGA,

or I should say,
the civilian contractors
who work for 'em.

[ man's garbled speaking
over P.A. system]

General.

Colonel MacKenzie.

How goes the battle?

Well, let's see, General.

My key witness is
in a coma,

and a vital piece
of evidence is missing,

but aside from that,
I'm in great shape.

Glad to hear it.

Speaking of that,
any word on the tape, sir?

I'm certain it'll turn up.

Seems a lucky coincidence for
your men that it's missing, sir.

Well, subtlety isn't high
on your list

of accomplishments,
is it, Colonel?

No, sir, but tenacity is.

You'll have the tape
when we find it.

If it hasn't been
destroyed, sir.

Suggestion: don't make
accusations you can't back up.

When I'm ready to make
an accusation, General,

I'll back it up.

Excuse me.
My chow's getting cold.

Roast lamb today.

Enjoy your lamb, General.

[ indistinct shouting
in Arabic]

ORMAN:
We're either the first line
of defense against terrorism

or a symbol
of Washington's willingness

to defy international law.

Depends on who you talk to.

We observe
Islamic dietary laws.

We provide a Koran,
prayer beads,

prayer rug, and an arrow,

painted on the floor
pointing toward Mecca.

If they cooperate.
Correct.

Cooperation earns privileges.

Lack of cooperation,
we take away privileges.

Keep in mind, Commander:

these people are not soldiers
of any country.

They're illegal combatants
not entitled

to prisoner of war status

and not protected
by the Geneva Conventions,

and we do everything
in our power
to treat them humanely.

I that what they're
yelling about?

Thanks for the humane treatment?

They're demanding lawyers
to plead their cases

now that the Supreme Court ruled
they have the right.

And will they get
the opportunity?

They'll get a fair hearing.

What did you do
before you worked
with the Agency?

I don't work for the CIA.
Like I said, I work for Ajax.

Well, Ajax is contracted
by the CIA.

I was with the Army
Special Forces.

Is that where you learned

your interrogation techniques?

Some.

Some I picked up on the job.

Like having
the MPs soften up the prisoners

before you question them?

I don't micromanage
the guards, Commander.

They do what they do.

Without any guidance from you?

I understand you have
to defend

Staff Sergeant Lantana
and his men.

I'd like to help you,

but I never ordered anyone
to beat a prisoner senseless.

Commander Rabb.

Excuse me.

Corporal Hatanian's awake.

Only a couple of minutes,
Commander, no more.

RABB: How you feeling,
Corporal?

[ in a croaky whisper]:
A little woozy, sir.

Well, we won't keep you long.

I'm Commander Rabb.
This is Captain Tam.

You remember
what happened
to you, Corporal?

Three MPs came.

They dragged me out...
choked me.

I hit my head,
and that's all I remember, sir.

Did you recognize
any of them?

No, sir.
I'm with Army CID.

Could you identify them
if you saw them again?

I could, ma'am,

but I won't.

Excuse me?

I won't I.D. them, Colonel,

and I won't testify
against them.

MACKENZIE: The MPs
almost killed you,
Corporal.

You-you have a concussion,
a crushed windpipe...

It was
a training exercise, ma'am.

They didn't know
that I was one of them.

That's beside the point.
If you were a real prisoner,

beating you up would still
be wrong.

If the beating was intentional.

You haven't proven it is.

Yet.

Listen, if they did this to you,

they'll do it to other
defenseless prisoners.

I don't care, ma'am.

Corporal?

These "defenseless prisoners"
are killers, Colonel.

They'd cut our throats
in a minute if they could.

That doesn't make it right
for us to abuse them.

HATANIAN:
So we make
them stand there naked,

wear ladies Underwear.
So what?

They traveled hundreds,
thousands of miles

to kill Americans.

You can't believe
how much they hate us.

Think of 9/11.

Those are the guys, ma'am.

Not all of them.

That's why we're here, ma'am...

to find out which ones.

I can have
you ordered

to appear, force you to testify.

I'm sorry, Colonel.

My memory's not so good.

Must be my concussion.

Do you condone this?

Corporal... I know you want
to protect these guys.

Believe me,
I want to help them, too.

They're my clients.

But you need to tell the truth.

Let a jury decide.

Sorry, Commander.
My head really hurts.

I have no idea
what you're talking about.

We were talking about Iraq,
Afghanistan, the war.

I thought we were having
an adult conversation.

Then suddenly
they became abusive, and pow!

He broke my nose.

You're a History teacher?

Correct. I teach at
Emerson High School,
in Seven Corners.

So you're used to discussing
war, history, world events?

Sure. I get passionate
sometimes,

but I don't hit people.

He resorted to violence
because he had no words.

That's typical
of the military mentality.

That's how we got
in the Iraqi mess
in the first place.

Objection.

Witness is sermonizing.

Overruled.

Pay attention, lady.

MACKENZIE:
Staff Sergeant Efren Lantana,

Specialist Ray Scanlon,

Private First Class
Nathaniel Courier.

You are charged with violation
of UCMJ Articles 128,

93 and 92: assault,

maltreatment, and dereliction of
duty for willfully failing

to protect a prisoner from abuse
and maltreatment.

How do you plead?

Not guilty.

Not guilty.

Not guilty, sir.

Corporal Hatanian suffered
a severe impact to the skull,

causing a temporary alteration
in neurological function.

In other words, a concussion.

Yes.

Luckily, there was
no brain damage.

At least none
that I could detect.

What other injuries
did he sustain?

His windpipe is inflamed
from pressure around his throat.

What caused these
injuries, doctor?

The man was
beaten and choked.

How many similar cases
have you treated?

Objection. The accused are not
on trial
for other alleged beatings.

Your Honor, I intend
to establish a pattern

of behavior proving the culture
at Camp Delta

accepts, even
encourages,

prisoner abuse
for the purpose

of eliciting information.

Counsel is
on a fishing expedition,
Your Honor.

This is a court-martial,
not a Senate investigation.

So you admit
a Senate investigation is
appropriate.

Colonel MacKenzie...

Your Honor, I'm trying
to bring everything out

into the open.
After Abu Ghraib,
the military can't afford

the appearance
of a cover-up.

That reference is inflammatory
and gratuitous, Colonel.

Tactics like that won't cook
in my courtroom.

I apologize, Your Honor.

Commander, I'm going to overrule
your objection

because I want
to hear the answer.

Not because I'm afraid
of being accused of a cover-up.

Major, how many similar
cases have you treated?

Less than a dozen, sir.

None this severe.

That answer your question,
Colonel?

Yes, sir.
Thank you.

No further questions.

Doctor, could Corporal
Hatanian's injuries

have resulted from a struggle,
rather than a beating?

How so?

Well, for instance,
his concussion

could have been the result

of accidentally hitting his head
on the metal bunk

when the M.P.s dragged him
out from under it.

It could have.
And could the compression

of his trachea could have
resulted in any number of ways

as he violently resisted.

I wasn't there,
but it's possible.

Thank you, doctor.
No further questions.

Doctor, could the bruises around
the Corporal's throat be caused

by "accidentally" sticking
his neck into a pair of hands

and choking himself?

I withdraw the question.

Mr. Flanzer, you stated you were
having an adult conversation,

and then "pow," Commander
Roberts broke your nose.

That's right.

Well, did your part
of this conversation include

such phrases as,
"knuckle-dragging storm
troopers"?

I didn't mean that literally.

Is that what you call
your students

when they disagree
with you in class?

Objection.
Sustained.

And when you raised your arm
in a threatening manner

and shouted, "Sieg Heil,"

did you mean that literally?

Of course not.

Just a part of your

"adult conversation?"
Objection.

Sustained.

Did you threaten the defendant's
brother with a shoe?

That's ludicrous.

I might've picked up a shoe,

but we were in a shoe store,
for God's sake.

I certainly didn't threaten
anyone with it.

You didn't raise it
as if to strike someone?

Objection.
Asked and answered.

Sustained.

Put your shoe back on,
Counselor.

Isn't it possible
that Commander Roberts thought

you were going to hit
his brother?

I don't know.

Maybe.
And his hitting me was what--

a preemptive strike?

We know how much
the military loves those.

Your Honor...

Just answer
the questions, Mr. Flanzer.

Yes, Ma'am.

Are you aware that
Commander Roberts lost his leg

while on a humanitarian mission

in Afghanistan,

saving a young boy
from a minefield?

Objection. Irrelevant.

Sustained.

Exception.

Noted.
Any further questions?

No, Ma'am.
I'm done with this witness.

JUDGE:
This court is recessed
until 9:00 a.m. tomorrow.

[ gavel bangs]

You nailed him.

With this judge,
I don't know.

MACKENZIE:
Mr. Rasuli, how long
were you incarcerated

at Guantanamo?

20 months.

Why were you
released?

I was no longer
"dangerous."

Would you, uh, describe
your experience here?

Horrible.
A nightmare.

They pepper-sprayed me,

they pinned me down,

they poked their
fingers in my eyes.

They forced my head
into the toilet,

and they promised to send me
to an Arab country for torture.

Were you beaten, as well?

Once. They tied me up,
and they punched
and they kicked me,

then they dragged me
out of my cell

and into the recreation yard,

where they just left me
to lie in the sun all day.

Thank you.
No further questions.

Where were you raised?
England.

My parents came there
from Jordan
when I was very young.

And you were educated
in English schools?

Yes.

A British subject
with Jordanian parents.

Why were you in Afghanistan?

I was visiting friends.

Friends in the Taliban?

Objection. Mr. Rasuli is not
on trial here.

Counsel's reference
to the Taliban is

immaterial and prejudicial.

Sustained.
Move on, Captain.

When were you released,
Mr. Rasuli?

About nine months ago.

Why'd it take
you so long

to come forward
with these allegations?

I was too traumatized
to speak up until now.

Because you were beaten
every day?

It was not every day.

It was once, as I said.

One time.

Out of 20 months.

Were you fed three meals a day

according to Muslim
dietary laws?

Yes.

Did you receive medical care,

clothing, shoes,

showers, toiletries,

the opportunity to worship,
the means to send mail?

Yes, but I was still a prisoner
in a cage.

Please look at the three men
at the defense table.

Can you identify any of them

as the ones
who allegedly mistreated you?

They all look alike to me.

Thank you.

I have a question,
Mr. Rasuli.

Did you file a lawsuit
in the British courts seeking

$10 million compensation

from the U.S. government

for your detention here
in Guantanamo?

Yes. They should pay me
for my mental anguish
and my lost time.

So you have a personal interest

in establishing
that detainees are
mistreated here.

I'm telling the truth.

MIKE:
Well, the problem is,

that judge doesn't
like you too much.

ROBERTS:
Oh, you think?

BIG BUD: I think she
and that DA are getting it on.

Oh, Dad, please.
I just ate.

Say, are you sure Turner's
the right guy

for this job?
Where's Rabb?

In Guantanamo, and, yes,

Commander Turner is
an excellent attorney.

I have complete faith in him.

Well, I'll still
feel a lot better

when you're on the stand
tomorrow, son.

I just hope
I can help.

Sure you can.

Just don't slant it too much.

Slant it?

Yeah. Just don't be
too obvious.

I don't want him to lie.

I'm not saying to lie.

I'm saying accentuate
the positive.

You tell 'em
what you saw, Mike.

Hey, you don't want my help...

Dad, of course they want
your help.

Just not anything
that involves perjury.

Fine. Do what you want.

Hey! Where are you going?

I got a date.

And you know, once in a while

it wouldn't hurt you
to listen to your old man.

Cap...

You'll want to look over
this witness list.

I found the tape, sir.

It was in the
recycle pile.

I'm sure it wasn't deliberate.

Nice job.

I'll inform
Colonel MacKenzie.

[ dialing phone]

[ speaking unintelligiby]

Extract him.

[ blows landing, groaning]

[ grunting, blows landing]

Let him go.
Let him go!

He's US Army.

Well, why didn't
he say something?

Get that thing off!

I'll want a copy of that.

We'll see that you get one.

We're fighting
a losing battle now, sir.

They're the only kind
worth fighting.

Play it again, Tam.

Just the man I'm looking for.

What can I do for you,
Master Chief?

I had a date last night.

Ordinarily, I'd love to hear
about your love life,

but I've got to be in
court in 35 minutes.

Well, I wouldn't worry
about that too much.

Lana's going to be late.

When I left,
she was just falling asleep.

Lana?

Yeah, that court reporter?

Very nimble fingers.

Too much information.

Is this too much information?

Judge Mayfield
hates the military.

Now, why would you say that?

Because she had a son
who was recently killed
in action in Fallujah.

I'll bet you could
get a mistrial.

You got to do something.
You're losing.

This conversation
never happened.

Rabb would've done something!

MACKENZIE:
Mr. Orman, can you describe

some of the more aggressive
methods you used

to extract information
from prisoners?

Lengthy questioning,

misinformation about another
prisoners' disclosures,

perks for cooperating.

And if the subject doesn't want
to cooperate?

If he's a high value
intelligence source,

we turn up the heat.

Meaning...?

Psychological
and/or physical duress.

Can you be more specific
for the Members, please?

Blindfolding, shackling,
high decibel music,

isolation, uncomfortable
positions, heat, cold.

Humiliation?

If you mean,
do I make them strip

and simulate sex acts, no.

Any other types
of physical duress?

Uh, waterboarding,
beatings?

I never ordered anyone
waterboarded or beaten.

Your Honor,
with your permission,

I'd like to show a tape
to the court.

[ blows landing, grunting]

[ Hatanian yelling in pain]

[ blows landing,
Hatanian choking]

[ servicemen grunting]

Let him go.

I said let him go!

[ Hatanian groaning]

He's US Army.

Get that thing off!

Are you saying, Mr. Orman,
that the accused acted
on their own?

Objection.
Leading the witness.

I'll rephrase.

To your knowledge,
did anyone order the accused

to remove the occupant
of Cell D-436

by beating and choking him?

No. Not to my knowledge.

WILSON: Mr. Roberts,
did you feel threatened
in any way

when Mr. Flanzer launched
his dread shoe attack?

Your Honor...

Lose the sarcasm, Mr. Wilson.

Sorry, Judge.

Did you feel threatened?

No, not really.

So your brother's
violent response

was unnecessary

and excessive, wasn't it?

I guess it was
a little unnecessary, yeah,

but he was just...

Has your brother ever displayed
fits of rage before?

Objection.

Goes to predisposition
toward violence, Your Honor.

Overruled.

What a surprise.

MIKE:
Not rage,
exactly.

He did go off on me once,

when I lost his son
at a mall, but it was

my fault, and I found him later.

So with sufficient provocation,
he displays uncontrolled anger.

Thank you
for your candor.

Midshipman, even though you
didn't feel threatened

in the shoe store,
could your brother have believed

you were in danger?
Absolutely, sir.

Why?

Because that guy was
out of control,

getting in our
faces like that.

We didn't do anything
to provoke him,

except maybe wear our uniforms.

So I could see
why Bud might think

he was a loose cannon.

Now, you stated
that your brother
"went off on you"

because you lost his son.

When that happened,
did he hit you?

No, sir.

Did he ever hit you?

No, sir.
Not even as kids?

No.

Bud's just not that kind
of person, ma'am.

He's a nice guy.

Thank you, Midshipman.

Did you ever ask the guards
to help you set conditions

for a successful interrogation?

Yes, using the carrot
and stick approach.

The stick being?

Denying privileges,
fear, intimidation.

But not beatings.

So you don't believe in torture.

I didn't say that.

But the wanton infliction
of pain is counterproductive

to effective
intelligence gathering.

Pain is not as great
a motivator

as fear of pain.

Well, I'll defer
to your expert knowledge.

Who do you receive authorization

to inflict this "fear of pain"
on your high value prisoners?

My company. Ajax.

And what government agency is
Ajax contracted to?

I don't know.

Well, let's see
what you do know.

I'm going to play
the tape again.

Just the last part.

He's US Army.

Get that thing off!

Now I'm going to play it forward
from here in slow motion.

[ indistinct murmuring]

RABB: Is that you
in the red hat, Mr. Orman?

I never ordered that beating.

You didn't stop it though,
either, did you, Mr. Orman?

You always get the MP's
to do your dirty work for you?

It's not dirty work.

It's what we do
to fight terrorism.

The Pentagon's memo
last June stated

that the President can
legally authorize

some forms of torture

for detainees.

Even if I sanctioned

that beating, which I did not,

there's so much
confusion over the issue,

who can say what's lawful
and what's not?

Bud is the kindest,
gentlest man I've ever known.

And he hates violence
and he rarely loses his temper.

And when he does, he just gets

that cute, little pouty-thing
around his mouth.

WILSON:
Didn't your husband get
into a barroom brawl

the night of his bachelor party?

Oh, that wasn't
a brawl.

He got beaten up
by a pregnant stripper.

Ah. Yet another assault
by a pregnant stripper.

Sorry, Judge.

For a gentle man,
your husband seems to get

into a lot of fights.

No more questions.

The witness may step down.

Any more witnesses,
Commander Turner?

A motion, Your Honor.

I move that the Court declare
a mistrial

and remove itself
from the proceedings.

On what grounds?

That the Court,
having recently suffered

a personal loss, is biased
against the military.

Commander Turner,

your allegation
of bias is frivolous.

It is also insulting
to this Court,

and it smacks of desperation.

Now you obviously dug
into my personal life,

which you had
no business doing.

Your motion is denied.

I'll hear closing
arguments tomorrow.

In the meantime, Commander,

I'm going
to consider charging you
with contempt.

Court is recessed.

[ gavel bangs]

General Spinoza,
do you support

a policy of controlled
manipulation of detainees here?

For the purpose
of extracting information, yes.

But per a directive issued
by the Secretary of Defense,

the policy precludes
inflicting severe,

intentional pain or causing
permanent damage.

Well, sir, do you believe
that my clients were

within the framework
of that policy

when they forcefully removed

Corporal Hatanian
from his cell, sir?

Yes, they were.
Thank you, General.

No further questions.

Well, then, General,
I'm confused.

If you believe
the accused did no wrong,

why did you convene
this court-martial?

To publicly respond
to those who believe

we are violating
detainees' rights.

And what is your
response, sir?

Applying duress to a detainee is
as repugnant
to me as it is to anyone,

but extreme peril demands
extreme measures.

Aggressive interrogation

helped us locate
Saddam Hussein,

neutralize two-thirds
of Al Qaeda's top operatives,

revealed their recruiting
methods

and uncovered terrorist plots.

Some consider what
we do here immoral,

maybe even illegal.

But we save American lives.

At the risk
of losing American souls.

I believe
that deep down inside,

the vast majority
of our citizens

are glad that we're here,
whether they admit it or not.

And if you're wrong, sir?

Then, should that time come,

I'm prepared
to answer for my actions.

To whatever
authority demands it.

JUDGE MAYFIELD:
We have the right
to defend ourselves,

whether the weapon is
a gun or a shoe.

However, we must know
the difference

between an imagined threat

and a real one.

In other words, you just can't
go out and hit someone

because you think
they're going to hit you.

Preemptive action is illegal,

unless the attacker
clearly demonstrates

his intention to inflict harm.

In the heat of the moment,
tempers are flaring,

words exchanged,

I can see how
a reasonable person

might perceive
an upraised arm as a threat.

I am convinced that
Commander Roberts thought

his brother was
in danger

and he acted in his defense.

I therefore find the defendant
not guilty of assault.

Court is adjourned.

You did it.
You did it.

Commander Turner.

Yes, ma'am?

I lost a son in Iraq.

But I still have
a daughter there,

and she's serving in
the Third Armored
Cavalry Regiment,

and I respect
her decision to serve.

So next time, you think twice
about accusing a judge of bias.

Yes, ma'am.

Congratulations, son.

Oh, thank God.

Thank God.

Bud, I'm sorry
about up there, I...

Hey, you did great.
I'm proud of you, Mike.

I'm proud of you, too, honey.

Oh, it would have been
so much better

without that
pregnant stripper thing.

Honey, you're
the only pregnant stripper

that I care about.

I better be, sailor.

I'd congratulate you, Commander,

but you should never have been
in the situation to begin with.

I agree, sir.

Still, I can't help feeling
a bit relieved.

Before you feel
too relieved,

I just got a call
from Judge Mayfield.

She strongly recommends you
attend anger management classes.

I concur.

But I don't have
a problem with anger.

Bethesda has a program.
Enroll yourself.

Aye, aye, sir.

On the charge and specification
of assault,

not guilty.

On the charge of dereliction
of duty, not guilty.

On the charge of maltreatment,

guilty.

MUNSEN:
Extenuation
and mitigation

tomorrow, 0900.

This court's in recess.

Congratulations,
Colonel.

For what?

Winning.
I didn't win.

Your guys lost.

I'll recommend
punitive discharge,

no confinement.

I'll let my clients know.

I'm sure they'll be thrilled.

Commander,
if you don't need me anymore...

It's been a pleasure
and an education, sir.

It certainly has.

Captain, good luck.

Colonel.

A little reining in
and she'll make
a fine lawyer one day.

That's what they said
about you ten years ago.

So do you think
the vast majority
of Americans support

what we're doing here?

I don't know if the vast
majority do, but enough.

Sir.

You did a fine job.

Both of you.

Thank you, General.

Do you feel
you justified your actions

to the American public, sir?

Well, what do you
think, Colonel?

I think you sacrificed
your men

in a desperate pursuit
of public absolution.

I think the wrong people
were on trial, General.

Based on what?
Your vast leadership experience?

Your record
of tough command decisions?

No, sir, based on my opinion
of what's fitting and just.

You come serve
under me, Colonel.

Then your opinion will be worth
something.

Meanwhile, you want
to put me on trial,

you know where to find me.

[ theme music playing]