Original subtitles

[ 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]