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More shocking news
out of Iraq today...
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00:00:03,685 --> 00:00:05,253
a senior Defense Department
advisor
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00:00:05,287 --> 00:00:06,838
with close ties
to the White House
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00:00:06,873 --> 00:00:09,140
was killed while
on a fact-finding mission
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00:00:09,175 --> 00:00:11,176
with U.S. Marines in Baghdad.
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00:00:11,210 --> 00:00:12,893
Dwight Kanin, who served as
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00:00:12,928 --> 00:00:15,446
Deputy Undersecretary of Defense
in the Reagan
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00:00:15,481 --> 00:00:17,165
and the first
Bush administrations,
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00:00:17,199 --> 00:00:21,002
was chairman of the influential
Military Affairs Policy Board,
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00:00:21,036 --> 00:00:22,970
a civilian group
working out of the Pentagon
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00:00:23,005 --> 00:00:25,307
that regularly reports
to the President.
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The casualties also included
one Marine killed
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00:00:27,777 --> 00:00:29,844
and others seriously wounded.
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00:00:29,878 --> 00:00:33,247
ZNN correspondent Brad Holliman
has the story.
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00:00:33,282 --> 00:00:36,734
Violence continues to plague
the interim Iraqi government
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as radical insurgents appear
to be stepping up attacks
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on U.S. peacekeeping forces
here in the capitol.
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00:00:42,325 --> 00:00:44,226
Unfortunately,
what you see behind me
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00:00:44,260 --> 00:00:46,961
has become all too common
in Baghdad-
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a roadside bomb
in a narrow street,
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trapping U.S. soldiers
in a deadly kill zone.
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What's uncommon is to find
an important civilian,
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00:00:54,837 --> 00:00:57,438
like Dwight Kanin,
riding along with Marines
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00:00:57,472 --> 00:00:59,858
in such a dangerous
part of Baghdad.
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00:00:59,892 --> 00:01:01,943
Why he was here
and what he was doing
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00:01:01,977 --> 00:01:04,312
remain unanswered questions.
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00:01:04,346 --> 00:01:06,514
The Commandant of
the Marine Corps is expected
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00:01:06,548 --> 00:01:08,199
to issue a statement soon.
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00:01:08,234 --> 00:01:10,885
Meanwhile, high-level sources
within the Navy
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have promised
a full investigation.
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For ZNN, this is
Brad Holliman in Baghdad.
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Morning, Petty Officer.
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Morning, sir.
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Oh! Commander...
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You must be
Commander Turner.
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Good morning, General.
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At ease, Commander.
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Sorry, sir, I wasn't aware
that you had...
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00:02:51,921 --> 00:02:53,421
It's perfectly understandable.
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The Senate didn't conclude
until 0200 this morning.
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Congratulations, sir.
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00:02:57,826 --> 00:02:59,544
Thank you.
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00:02:59,578 --> 00:03:01,162
I'll just clear
my things out.
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Shouldn't be a minute.
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Carry on, Commander.
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Ma'am, sir, did you hear?
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Hear what?
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Major General Cresswell
was appointed last night.
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He's in the admiral's
old office right now.
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00:03:18,897 --> 00:03:20,431
I thought he didn't make it.
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00:03:20,466 --> 00:03:22,933
I guess it was some kind of
a last-minute miracle, ma'am.
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00:03:22,968 --> 00:03:25,903
Depends on what your
definition of "miracle" is.
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00:03:29,575 --> 00:03:31,308
Sir, let me
help you with that.
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I've got it, Petty Officer.
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I tried to warn you.
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Hang on a sec.
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Would you move
my car, please?
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I feel honored
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00:04:04,143 --> 00:04:05,276
to be given this command.
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00:04:05,310 --> 00:04:07,612
And I have the highest regard
for Admiral Chegwidden
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00:04:07,646 --> 00:04:10,982
and the fine work done by all
under his capable leadership.
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I look forward to getting
to know each of you personally.
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That'll be all.
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Attention on deck.
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Carry on.
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00:04:18,857 --> 00:04:20,725
General...
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Sir...
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Sorry I'm late.
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I, I mean...
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it's just after your
hearing last night,
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00:04:27,232 --> 00:04:29,533
I thought that you
were a goner.
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00:04:29,568 --> 00:04:30,702
Lieutenant
Commander Roberts
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reporting
for duty, sir.
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00:04:31,470 --> 00:04:32,637
And if I may
say so, sir,
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you were quite
impressive
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00:04:33,738 --> 00:04:35,206
at the Senate
Subcommittee hearing.
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00:04:35,240 --> 00:04:36,841
At ease, Commander.
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00:04:36,875 --> 00:04:39,143
I saw you sitting with
the SECNAV during the hearing.
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00:04:39,177 --> 00:04:41,679
Do you have some special
relationship with the Secretary
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00:04:41,714 --> 00:04:42,947
I should be aware of?
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00:04:42,982 --> 00:04:45,516
I was serving as
Admiral Kly's aide, sir.
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00:04:45,550 --> 00:04:48,219
I have no connection to the
SECNAV that I'm aware of, sir.
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00:04:48,253 --> 00:04:49,453
Good.
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00:04:51,724 --> 00:04:53,725
Colonel MacKenzie,
join me.
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00:04:53,759 --> 00:04:55,660
Commander Rabb,
you, too.
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00:04:59,632 --> 00:05:02,299
Off on the wrong foot...
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00:05:02,334 --> 00:05:04,301
and I only have one.
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00:05:07,556 --> 00:05:08,890
As you undoubtedly know,
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00:05:08,924 --> 00:05:11,926
Dwight Kanin was killed
on a ride-along in Iraq.
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00:05:11,960 --> 00:05:13,861
Major General Earl Watson,
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00:05:13,895 --> 00:05:15,830
Commanding General of
the First Marine Division
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00:05:15,864 --> 00:05:17,865
is convening a court-martial.
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00:05:17,899 --> 00:05:19,900
He's charging Staff
Sergeant Timothy Mallory
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00:05:19,935 --> 00:05:21,402
with involuntary
manslaughter
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00:05:21,436 --> 00:05:22,704
by culpable negligence.
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00:05:22,738 --> 00:05:23,938
On what grounds, sir?
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00:05:23,972 --> 00:05:25,122
On the grounds
the staff sergeant
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00:05:25,157 --> 00:05:26,658
got a Washington
bigwig killed
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00:05:26,692 --> 00:05:28,959
on what started out as a
routine Marine street patrol
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00:05:28,994 --> 00:05:30,711
and ended as
a firefight.
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00:05:30,746 --> 00:05:32,714
Who authorized the ride-along
in the first place?
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00:05:32,715 --> 00:05:34,481
I don't know.
You tell me.
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00:05:34,516 --> 00:05:36,267
Because all the
witnesses are there,
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00:05:36,301 --> 00:05:39,120
the trial will be
held in-country.
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You two are going to Baghdad.
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Prosecution. Defense.
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00:05:43,059 --> 00:05:46,227
Sir, we handled General
Watson's court-martial
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00:05:46,261 --> 00:05:47,695
earlier this year.
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00:05:47,730 --> 00:05:48,846
I'm aware of the case-
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00:05:48,880 --> 00:05:51,482
remarks about Islam,
allegedly inflammatory.
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00:05:51,517 --> 00:05:53,768
Under the circumstances, sir,
are you sure we should...
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00:05:53,853 --> 00:05:55,836
General Watson requested you,
by name.
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00:05:55,871 --> 00:05:57,572
He was impressed with your work.
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00:05:57,573 --> 00:05:59,607
"Impartiality" was
the word he used.
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00:05:59,692 --> 00:06:02,877
Considering the political impact
of Mr. Kanin's death,
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00:06:02,912 --> 00:06:04,846
impartiality is essential
in this case.
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00:06:04,880 --> 00:06:06,130
Yes, sir.
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00:06:06,165 --> 00:06:08,233
SECNAV's
all over this.
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00:06:08,267 --> 00:06:11,702
I expect this to be handled
with the utmost professionalism,
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00:06:11,736 --> 00:06:14,505
legally and personally.
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00:06:18,477 --> 00:06:20,478
What he said about
professional and personal,
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00:06:20,513 --> 00:06:21,880
was that a dig at me?
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00:06:21,914 --> 00:06:23,247
Definitely.
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00:06:23,281 --> 00:06:25,416
Mac, you're being paranoid.
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00:06:25,450 --> 00:06:27,084
It was 15 years ago.
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00:06:27,119 --> 00:06:28,753
I doubt Cresswell
remembers you
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00:06:28,787 --> 00:06:31,238
let alone an affair you had
with a senior officer.
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00:06:31,273 --> 00:06:34,993
I told you, Cresswell was the
Staff Judge Advocate on Okinawa.
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00:06:35,027 --> 00:06:37,194
He wrote the letter
of reprimand on Farrow.
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00:06:37,229 --> 00:06:39,296
Did you see the letter?
No.
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00:06:39,331 --> 00:06:41,432
Well, then how do you know
he mentioned you by name?
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00:06:41,466 --> 00:06:42,967
I know he knew who I was.
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00:06:43,001 --> 00:06:46,137
Given who he is, I'm sure he
found my behavior indefensible.
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00:06:46,171 --> 00:06:47,905
One wrong move,
and I'm out of here.
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00:06:49,074 --> 00:06:50,708
Mac, we've got a new boss.
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00:06:50,743 --> 00:06:52,877
It's the same for all of us.
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00:06:57,216 --> 00:06:58,600
You wanted to see me, sir?
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00:06:58,667 --> 00:07:00,034
Close the hatch.
139
00:07:02,037 --> 00:07:04,038
I've started reviewing
our current case load.
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00:07:04,072 --> 00:07:05,140
You run a tight ship.
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00:07:05,174 --> 00:07:07,642
Thank you, sir.
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00:07:07,643 --> 00:07:08,943
I want your evaluation
of Commander Rabb
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00:07:08,977 --> 00:07:10,478
and Colonel MacKenzie.
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00:07:10,513 --> 00:07:12,013
Both excellent attorneys, sir.
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00:07:12,047 --> 00:07:13,981
Given to personal
eccentricities.
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00:07:14,016 --> 00:07:15,966
Admiral Chegwidden allowed them
latitude at times, sir.
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00:07:16,001 --> 00:07:18,052
But I believe he was
satisfied with their results.
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00:07:18,086 --> 00:07:19,320
You're mincing words,
Commander.
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00:07:19,354 --> 00:07:20,755
What are their
weaknesses?
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00:07:20,789 --> 00:07:22,607
I'd have to say
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00:07:22,641 --> 00:07:24,475
both of them are
less than enthusiastic
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00:07:24,509 --> 00:07:26,878
about the more bureaucratic
aspects of what we do, sir.
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00:07:26,912 --> 00:07:28,512
Preparation?
Follow-through?
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00:07:28,547 --> 00:07:30,081
Written reports?
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00:07:30,115 --> 00:07:31,749
They're not opposed
to paperwork, sir.
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00:07:31,784 --> 00:07:33,451
It just doesn't
come naturally.
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Thank you, Commander.
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00:07:35,554 --> 00:07:36,921
That'll be all.
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00:07:36,955 --> 00:07:38,656
I have a request, General.
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I'd like to switch offices
with Commander Rabb.
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00:07:41,911 --> 00:07:43,060
Reason?
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00:07:43,094 --> 00:07:44,895
A year ago, he left JAG
for a period.
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00:07:44,930 --> 00:07:46,714
I was given his office.
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00:07:46,748 --> 00:07:48,532
Left? For what reason?
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00:07:48,566 --> 00:07:50,384
Colonel MacKenzie ran
into a little trouble
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00:07:50,418 --> 00:07:52,619
on a CIA mission in Paraguay,
and Commander Rabb
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00:07:52,654 --> 00:07:54,772
resigned his commission
to go after her.
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00:07:54,857 --> 00:07:57,925
Then Rabb was
reinstated? Why?
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00:07:57,959 --> 00:07:59,927
Lots of other
lawyers around.
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00:07:59,961 --> 00:08:01,512
I believe the admiral
saw something in him
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00:08:01,546 --> 00:08:05,283
that Rabb didn't see
in himself.
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00:08:05,317 --> 00:08:07,651
Sounds like you were assigned
your office fair and square.
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00:08:07,686 --> 00:08:09,753
Why give it up?
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00:08:09,788 --> 00:08:11,923
To be honest, General, when
I was sitting in your chair,
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00:08:11,957 --> 00:08:13,424
I ruffled a few feathers.
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00:08:13,458 --> 00:08:15,927
I was hoping this
peace offering might help.
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00:08:19,098 --> 00:08:20,898
Make the switch.
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00:08:20,916 --> 00:08:21,966
Thank you, sir.
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00:08:22,001 --> 00:08:23,751
That'll be all.
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00:08:23,802 --> 00:08:25,420
Aye, sir.
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00:08:37,749 --> 00:08:40,518
General Watson speaks highly
of you, Commander.
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Says you're a hell of
a prosecutor.
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00:08:42,321 --> 00:08:44,488
That's quite a compliment
coming from the general,
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00:08:44,523 --> 00:08:46,290
considering he was
the one on trial.
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00:08:46,325 --> 00:08:49,777
But Colonel MacKenzie,
as defense counsel, won.
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00:08:49,812 --> 00:08:52,680
Well... the
colonel's good.
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00:08:52,714 --> 00:08:54,982
What's your take
on the case against
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Staff Sergeant
Mallory, Colonel?
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00:08:56,468 --> 00:08:58,402
I don't like to see
any of my people
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00:08:58,437 --> 00:09:00,137
brought up on charges, Colonel.
191
00:09:00,171 --> 00:09:01,655
But...?
192
00:09:01,690 --> 00:09:03,891
We're in a tough situation
over here, Colonel.
193
00:09:03,925 --> 00:09:05,859
Things can go from
calm to chaotic
194
00:09:05,894 --> 00:09:07,395
in a matter of seconds.
195
00:09:07,429 --> 00:09:09,697
Staff Sergeant Mallory
was issued an order:
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00:09:09,731 --> 00:09:12,199
Take Mr. Kanin
on a patrol of the city.
197
00:09:12,234 --> 00:09:14,101
Instead, Mallory took him
into a hot zone.
198
00:09:14,136 --> 00:09:16,470
Mr. Kanin lacked any training
or preparation
199
00:09:16,505 --> 00:09:17,538
for a combat situation.
200
00:09:17,573 --> 00:09:19,807
Why would Staff
Sergeant Mallory
201
00:09:19,842 --> 00:09:21,475
put Mr. Kanin at risk?
202
00:09:21,510 --> 00:09:24,111
I don't know the answer
to that question, Commander.
203
00:09:24,145 --> 00:09:25,613
That's why you're here.
204
00:09:30,285 --> 00:09:32,587
Commander Rabb.
205
00:09:32,621 --> 00:09:35,055
Brad Holliman, ZNN.
206
00:09:35,089 --> 00:09:36,624
You must be
Colonel MacKenzie.
207
00:09:36,658 --> 00:09:37,725
What can we do for you?
208
00:09:37,759 --> 00:09:39,493
I was hoping
we could talk.
209
00:09:39,528 --> 00:09:41,028
I reported the
Dwight Kanin story.
210
00:09:41,062 --> 00:09:43,464
We're not here to try this
case in the press, Mr. Holliman.
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00:09:43,498 --> 00:09:45,633
Whether you want to or not,
it's gonna happen.
212
00:09:45,667 --> 00:09:48,336
I'd think you'd like
at least one sympathetic ear.
213
00:09:48,370 --> 00:09:51,989
I'm sure you can see how some
reporters might play this-
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00:09:52,024 --> 00:09:53,641
blame gets pinned
on some poor sergeant,
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00:09:53,675 --> 00:09:55,976
meanwhile, no one takes
responsibility
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00:09:56,011 --> 00:09:57,278
further up the
chain of command.
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00:09:57,312 --> 00:09:59,146
Sounds to me like
you've written your story
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00:09:59,181 --> 00:10:01,349
before you've got all the facts,
Mr. Holliman.
219
00:10:01,383 --> 00:10:03,050
Here's a fact, Commander.
220
00:10:03,084 --> 00:10:04,485
There's a rumor going around
221
00:10:04,519 --> 00:10:07,154
that Kanin's death
wasn't an accident.
222
00:10:07,188 --> 00:10:08,873
We don't deal in rumors.
223
00:10:08,907 --> 00:10:10,358
Okay, then deal with this:
224
00:10:10,392 --> 00:10:12,460
a lot of military personnel
over here
225
00:10:12,494 --> 00:10:13,761
feel they've been saddled with
226
00:10:13,796 --> 00:10:16,731
20 pounds of trouble
in a ten-pound bag.
227
00:10:16,765 --> 00:10:19,583
Kanin's the Pentagon guy
responsible for those policies.
228
00:10:19,617 --> 00:10:20,717
Such as?
229
00:10:20,752 --> 00:10:21,886
Not enough troops.
230
00:10:21,920 --> 00:10:23,154
Reserves without training.
231
00:10:23,188 --> 00:10:24,405
Lack of armor for the Humvees.
232
00:10:24,439 --> 00:10:26,740
Hell, lack of body armor
for the troops.
233
00:10:26,775 --> 00:10:28,942
Moms are holding bake sales
to buy Kevlar
234
00:10:28,977 --> 00:10:30,110
for their boys.
235
00:10:30,145 --> 00:10:31,929
Why single out Kanin?
236
00:10:31,964 --> 00:10:34,214
As Chairman of the Military
Affairs Policy Board,
237
00:10:34,249 --> 00:10:36,751
he made recommendations
to the administration.
238
00:10:36,785 --> 00:10:38,669
He refused to admit
he underestimated
239
00:10:38,703 --> 00:10:41,572
the logistical support
our troops would require.
240
00:10:41,606 --> 00:10:44,425
It's little wonder
he'd be a marked man.
241
00:10:44,459 --> 00:10:46,710
Are you suggesting Kanin
was fragged?
242
00:10:46,744 --> 00:10:49,079
Fragged?
243
00:10:49,114 --> 00:10:51,081
No.
244
00:10:51,116 --> 00:10:52,983
Exposed, maybe.
245
00:11:01,376 --> 00:11:02,409
Do you understand the charge
246
00:11:02,444 --> 00:11:04,111
against you, Staff Sergeant?
247
00:11:04,146 --> 00:11:06,913
Yes, ma'am. You realize the
penalty is reduction in rank,
248
00:11:06,948 --> 00:11:08,282
maximum ten years
confinement,
249
00:11:08,316 --> 00:11:11,385
dishonorable discharge and
loss of all pay and allowances?
250
00:11:11,420 --> 00:11:12,520
Yes, ma'am.
251
00:11:12,554 --> 00:11:14,121
Do you believe you
were negligent?
252
00:11:14,155 --> 00:11:17,257
Two men died, another
was seriously injured.
253
00:11:17,292 --> 00:11:20,060
Did you take reasonable steps
to insure their safety?
254
00:11:20,094 --> 00:11:21,044
I thought so, ma'am.
255
00:11:21,079 --> 00:11:22,596
Results say otherwise.
256
00:11:22,631 --> 00:11:24,348
You've got to work with
me, Staff Sergeant.
257
00:11:24,383 --> 00:11:25,482
I'm defense counsel.
258
00:11:25,517 --> 00:11:27,318
You do want a fair trial,
don't you?
259
00:11:27,336 --> 00:11:29,020
Yes, ma'am.
260
00:11:29,054 --> 00:11:30,070
Then act like it.
261
00:11:37,779 --> 00:11:38,779
Commander Rabb?
262
00:11:38,814 --> 00:11:40,280
I'm Captain Ellis,
263
00:11:40,315 --> 00:11:42,333
Staff Sergeant Mallory's
Company Commander.
264
00:11:42,367 --> 00:11:43,934
Have a seat, Captain.
265
00:11:43,969 --> 00:11:46,504
You have questions
for me, Commander?
266
00:11:46,538 --> 00:11:48,372
One big one-
267
00:11:48,440 --> 00:11:49,874
who was responsible
for letting Dwight Kanin
268
00:11:49,908 --> 00:11:50,975
go on a combat mission?
269
00:11:51,009 --> 00:11:52,143
Nobody.
270
00:11:52,177 --> 00:11:54,312
Kanin was a victim
of circumstance.
271
00:11:54,346 --> 00:11:57,081
Circumstance isn't
on trial here, Captain.
272
00:11:57,115 --> 00:11:59,400
Sergeant Mallory
is, however.
273
00:11:59,434 --> 00:12:02,469
I'm trying to find
out what happened.
274
00:12:04,172 --> 00:12:06,007
It was my understanding
that Dwight Kanin
275
00:12:06,041 --> 00:12:07,741
came over here on a
fact-finding tour.
276
00:12:07,775 --> 00:12:10,344
Colonel Atwater greeted him,
and passed him on to me.
277
00:12:10,378 --> 00:12:12,480
So you were in charge
of showing him around.
278
00:12:12,514 --> 00:12:13,914
I was to treat him like
279
00:12:13,948 --> 00:12:15,767
any distinguished visitor, sir.
280
00:12:15,801 --> 00:12:18,569
Give him the nickel tour,
keep him happy.
281
00:12:19,504 --> 00:12:20,805
So what's on the itinerary?
282
00:12:20,839 --> 00:12:23,374
Chow with First Battalion,
Rifle and Weapons Company Alpha.
283
00:12:23,408 --> 00:12:24,742
Chow?
284
00:12:24,777 --> 00:12:27,845
Wait, Captain, I didn't travel
6,000 miles to eat lunch.
285
00:12:27,880 --> 00:12:29,496
I want to see real Marines.
286
00:12:29,531 --> 00:12:31,265
Every man and woman here in
uniform is a real Marine, sir.
287
00:12:31,299 --> 00:12:32,850
Oh, no, I meant no offense,
Captain.
288
00:12:32,884 --> 00:12:34,585
I'd just like to see
a little bit about
289
00:12:34,619 --> 00:12:36,553
what your men and women
are up against.
290
00:12:36,588 --> 00:12:39,323
Hop in, Mr. Kanin.
291
00:12:39,324 --> 00:12:40,508
We'll see what we can do.
292
00:12:40,542 --> 00:12:41,809
All right!
293
00:12:44,446 --> 00:12:47,248
It was my intent to set
him up with a Marine unit
294
00:12:47,282 --> 00:12:48,849
doing a routine street patrol.
295
00:12:48,883 --> 00:12:51,586
A combat mission was
never part of the equation.
296
00:12:51,620 --> 00:12:54,254
Did you ever consider there was
an element of risk involved?
297
00:12:54,306 --> 00:12:56,106
It was Mr. Kanin who said
he wanted to see
298
00:12:56,141 --> 00:12:57,975
"real Marines,
real missions," sir.
299
00:12:57,976 --> 00:13:02,597
Did you ever consider there was
an element of risk involved?
300
00:13:02,631 --> 00:13:06,099
I sent him out with
my very best Marines, sir.
301
00:13:06,134 --> 00:13:09,804
I believed he would be safe.
302
00:13:11,123 --> 00:13:13,608
Was Colonel Atwater aware
of this routine patrol?
303
00:13:13,642 --> 00:13:14,909
No, sir.
304
00:13:14,943 --> 00:13:16,510
He made Kanin my responsibility.
305
00:13:16,544 --> 00:13:18,279
When Kanin asked
to go on a mission,
306
00:13:18,313 --> 00:13:20,747
I tasked Lieutenant Howell
with tour-guiding him.
307
00:13:23,151 --> 00:13:24,235
Mr. Kanin was
pretty adamant
308
00:13:24,269 --> 00:13:26,287
about wanting to go
outside the wire, sir.
309
00:13:26,321 --> 00:13:27,687
He wanted to see
some action?
310
00:13:27,722 --> 00:13:29,223
That was my
understanding, sir.
311
00:13:29,257 --> 00:13:30,590
It was also
my understanding
312
00:13:30,625 --> 00:13:32,676
that the only action
he was going to see
313
00:13:32,711 --> 00:13:34,878
was a routine street patrol in
a controlled part of Baghdad.
314
00:13:34,913 --> 00:13:36,447
That's not what happened
though, is it?
315
00:13:36,515 --> 00:13:37,898
No, Commander.
316
00:13:37,933 --> 00:13:40,267
There was no way of predicting
that a street protest
317
00:13:40,301 --> 00:13:41,936
would force the patrol
to detour.
318
00:13:41,970 --> 00:13:44,504
But over here, things
have a way of turning out
319
00:13:44,539 --> 00:13:46,573
differently from
the way you expected.
320
00:13:46,607 --> 00:13:48,575
Yeah, I read
the after-action report.
321
00:13:48,609 --> 00:13:52,746
So what your telling me is, Staff
Sergeant Mallory is a victim of bad timing?
322
00:13:52,780 --> 00:13:53,948
Bad timing, bad luck.
323
00:13:53,982 --> 00:13:55,715
However you want to call it.
324
00:13:55,750 --> 00:13:58,919
But when it hit the fan,
Staff Sergeant Mallory did
325
00:13:58,954 --> 00:14:02,622
everything humanly possible
to save Dwight Kanin's life.
326
00:14:06,295 --> 00:14:08,379
Did you know who
Dwight Kanin was?
327
00:14:08,413 --> 00:14:10,681
I was aware that he held
a position
328
00:14:10,715 --> 00:14:12,916
of some importance
in the Pentagon, ma'am.
329
00:14:12,951 --> 00:14:15,852
That he was somehow involved
in logistical support.
330
00:14:15,921 --> 00:14:17,387
Did you think there
was anything unusual
331
00:14:17,422 --> 00:14:18,889
about your orders
to take him along,
332
00:14:18,924 --> 00:14:20,124
given Mr. Kanin's
position?
333
00:14:20,175 --> 00:14:21,392
Not really, ma'am.
334
00:14:21,426 --> 00:14:23,827
My unit's been here
15 months.
335
00:14:23,861 --> 00:14:26,797
Taking along civilian
observers is S.O.P.
336
00:14:26,831 --> 00:14:30,167
Of course, most of the time,
it's just journalists.
337
00:14:30,201 --> 00:14:32,369
So, again, you saw
no particular problem
338
00:14:32,404 --> 00:14:34,171
taking Mr. Kanin
on your patrol?
339
00:14:34,205 --> 00:14:35,273
No, ma'am.
340
00:14:35,324 --> 00:14:37,975
We took all the usual
precautions.
341
00:14:38,760 --> 00:14:42,914
Fantastic.
342
00:14:42,948 --> 00:14:44,214
You'll want to put
these on, sir.
343
00:14:44,333 --> 00:14:46,216
Oh, great. Hold on.
344
00:14:46,251 --> 00:14:48,051
Ah...
345
00:14:48,086 --> 00:14:50,021
Ah, this is great!
346
00:14:50,055 --> 00:14:51,722
Thanks, son.
347
00:14:51,790 --> 00:14:53,524
Oh, Sergeant, do you mind?
348
00:14:53,558 --> 00:14:54,842
One for posterity?
349
00:14:54,877 --> 00:14:56,127
Not a problem.
350
00:14:56,161 --> 00:14:57,295
Come join me.
351
00:14:57,329 --> 00:14:59,163
Yeah.
352
00:14:59,214 --> 00:15:00,130
There you go.
353
00:15:00,165 --> 00:15:01,365
You'll be riding
this vehicle...
354
00:15:01,399 --> 00:15:03,767
Great!
Mr. Kanin.
355
00:15:03,801 --> 00:15:05,202
Corporal Salazar here
will have your back.
356
00:15:05,237 --> 00:15:06,487
Pleasure.
357
00:15:08,623 --> 00:15:11,475
All right, ladies,
let's move out.
358
00:15:11,509 --> 00:15:13,894
I placed Mr. Kanin in
the rear Humvee
359
00:15:13,928 --> 00:15:15,496
with Sergeant Walters,
360
00:15:15,530 --> 00:15:18,231
and I tasked Corporal Salazar
with looking out for him.
361
00:15:18,266 --> 00:15:20,166
According to the
after-action report,
362
00:15:20,201 --> 00:15:21,510
you ran into a protest
363
00:15:21,545 --> 00:15:22,820
that blocked your route?
364
00:15:23,855 --> 00:15:25,289
That's right, ma'am.
365
00:15:25,290 --> 00:15:26,590
You chose to detour
around it,
366
00:15:26,624 --> 00:15:27,591
go to Sadr City?
367
00:15:27,625 --> 00:15:28,508
Yes, ma'am.
368
00:15:28,543 --> 00:15:29,794
Why didn't you
just turn back,
369
00:15:29,828 --> 00:15:31,595
return to the base
the way you came?
370
00:15:31,630 --> 00:15:33,697
I decided that retreating
wasn't necessarily
371
00:15:33,731 --> 00:15:35,299
the safest course of action.
372
00:15:35,334 --> 00:15:37,051
Taking a detour was?
373
00:15:37,085 --> 00:15:39,754
Yes, ma'am,
in my estimation.
374
00:15:39,788 --> 00:15:41,472
What happened then?
375
00:15:41,506 --> 00:15:43,156
We got ambushed.
376
00:15:43,175 --> 00:15:44,375
Mr. Kanin was killed.
377
00:15:44,409 --> 00:15:46,010
Lost Corporal Salazar,
378
00:15:46,044 --> 00:15:48,145
and Sergeant Walters
lost his arm.
379
00:15:48,180 --> 00:15:50,181
Sure you weren't
just trying to impress
380
00:15:50,215 --> 00:15:52,583
a visiting dignitary,
not backing down?
381
00:15:52,617 --> 00:15:54,835
You're a Marine, ma'am.
You should understand.
382
00:15:54,869 --> 00:15:57,621
I was doing what
I was trained to do.
383
00:15:57,655 --> 00:16:00,024
I do understand,
Staff Sergeant.
384
00:16:00,058 --> 00:16:02,759
I just wanted
to make sure you did.
385
00:16:02,794 --> 00:16:06,831
Now it's our job to make sure
the Members understand.
386
00:16:06,865 --> 00:16:08,148
What do you have so far?
387
00:16:08,182 --> 00:16:10,851
Well, sir, the consensus of
testimony would seem to indicate
388
00:16:10,885 --> 00:16:12,919
that Staff Sergeant Mallory
is solely responsible
389
00:16:13,005 --> 00:16:14,789
for the decision that led
to Dwight Kanin's death.
390
00:16:14,823 --> 00:16:16,507
That's one man's
opinion, sir.
391
00:16:16,541 --> 00:16:18,809
You don't agree with Commander
Rabb's assessment, Colonel?
392
00:16:18,844 --> 00:16:20,277
I think it's more
accurate to say
393
00:16:20,345 --> 00:16:22,396
the chain of command believes
that Staff Sergeant Mallory
394
00:16:22,430 --> 00:16:24,899
is a good Marine
who ran into some bad luck.
395
00:16:24,933 --> 00:16:27,001
Bad luck is another name
for negligence, General.
396
00:16:27,035 --> 00:16:29,069
Only if you ignore
circumstances, context,
397
00:16:29,137 --> 00:16:31,004
the facts of the case...
398
00:16:31,038 --> 00:16:32,272
Is that all?
399
00:16:32,306 --> 00:16:33,324
No, sir.
400
00:16:33,358 --> 00:16:34,625
The reporter who
broke the story
401
00:16:34,659 --> 00:16:35,959
said that he's heard
scuttlebutt
402
00:16:35,993 --> 00:16:38,095
Dwight Kanin may have
been deliberately exposed
403
00:16:38,129 --> 00:16:39,063
to danger.
404
00:16:39,097 --> 00:16:40,464
This scuttlebutt indicate
why Marines
405
00:16:40,499 --> 00:16:42,333
would purposely put a civilian
in harm's way?
406
00:16:42,367 --> 00:16:44,268
They wanted to show him
what it was like
407
00:16:44,302 --> 00:16:45,202
to fight a war, sir,
408
00:16:45,236 --> 00:16:47,504
without adequate
personnel or equipment.
409
00:16:47,539 --> 00:16:49,873
Either of you find
any evidence of that?
410
00:16:49,907 --> 00:16:51,975
No, sir.
Not as of yet, General.
411
00:16:51,993 --> 00:16:53,811
Then, as for now,
it's just hot air.
412
00:16:53,846 --> 00:16:54,945
Aye, sir.
413
00:16:55,047 --> 00:16:56,763
Keep me informed.
414
00:16:56,798 --> 00:16:57,698
Sir.
415
00:16:57,732 --> 00:16:59,200
Petty Officer.
416
00:16:59,251 --> 00:17:02,036
We should have the knob removed
from the outside of that door.
417
00:17:02,087 --> 00:17:03,804
I beg your pardon, sir?
418
00:17:03,838 --> 00:17:05,021
That knob.
419
00:17:05,056 --> 00:17:06,089
Let's get
rid of it.
420
00:17:06,124 --> 00:17:08,859
But then you won't be able
to open the door
421
00:17:08,894 --> 00:17:10,127
from the outside.
422
00:17:10,161 --> 00:17:11,695
I'll be able to open it
because I'll have a key.
423
00:17:11,729 --> 00:17:12,779
You, on the other hand,
424
00:17:12,814 --> 00:17:15,299
will have no choice
but to knock.
425
00:17:15,333 --> 00:17:17,468
Uh, phones, sir.
426
00:17:17,502 --> 00:17:19,386
There's the Senate Armed
Services Committee counsel
427
00:17:19,420 --> 00:17:20,704
on line one,
428
00:17:20,739 --> 00:17:21,905
the SECDEF's EA on two
429
00:17:21,939 --> 00:17:24,141
and the White House
Liaison on line three.
430
00:17:24,175 --> 00:17:25,242
I'll take line three.
431
00:17:25,277 --> 00:17:27,511
Tell lines one and two
I'll call them back.
432
00:17:27,529 --> 00:17:29,062
Thank you,
Petty Officer.
433
00:17:29,097 --> 00:17:30,364
Yes, sir.
434
00:17:32,334 --> 00:17:33,867
I can't do anything right.
435
00:17:33,902 --> 00:17:35,869
We're all walking
on eggshells.
436
00:17:35,904 --> 00:17:39,105
Yeah, but I'm right
in the line of fire.
437
00:17:39,140 --> 00:17:40,808
Sorry to keep you waiting.
438
00:17:40,842 --> 00:17:42,843
General Cresswell will have
to return your call.
439
00:17:42,877 --> 00:17:44,678
Commander Rabb,
Colonel MacKenzie,
440
00:17:44,713 --> 00:17:45,596
good to see you again.
441
00:17:45,714 --> 00:17:46,747
You too, sir.
442
00:17:46,781 --> 00:17:48,682
Congratulations on getting
back to Iraq, sir.
443
00:17:48,717 --> 00:17:51,384
Thank you, both of you, for your
efforts that made it possible.
444
00:17:51,419 --> 00:17:52,485
So, how do
you enjoy
445
00:17:52,520 --> 00:17:54,305
working for General Cresswell?
446
00:17:54,306 --> 00:17:56,623
Well, we've spent all of ten
minutes with the general, sir.
447
00:17:56,657 --> 00:17:58,342
That should tell you
everything
448
00:17:58,376 --> 00:18:00,477
you need to know.
449
00:18:00,511 --> 00:18:01,978
When do you go
to trial?
450
00:18:02,013 --> 00:18:03,680
Tomorrow morning, sir.
451
00:18:03,714 --> 00:18:06,350
So...
452
00:18:06,384 --> 00:18:09,687
how did Mr. Kanin
get into a combat zone?
453
00:18:09,721 --> 00:18:11,688
Because Staff Sergeant Mallory
put him there, General.
454
00:18:11,722 --> 00:18:13,590
Because Mr. Kanin ordered him
455
00:18:13,624 --> 00:18:14,825
to do it.
456
00:18:14,859 --> 00:18:16,160
Mr. Kanin was not in
the staff sergeant's
457
00:18:16,194 --> 00:18:17,194
chain of command, Mac.
458
00:18:17,228 --> 00:18:18,512
He was an influential member
459
00:18:18,546 --> 00:18:19,680
of the administration.
460
00:18:19,714 --> 00:18:21,515
It's good to see
that nothing's changed.
461
00:18:21,549 --> 00:18:24,218
Save it for the jury,
counselors.
462
00:18:24,252 --> 00:18:26,703
I had a visit from
a journalist today.
463
00:18:26,737 --> 00:18:28,205
Brad Holliman, sir?
464
00:18:28,239 --> 00:18:31,141
So he got to you, too.
465
00:18:31,176 --> 00:18:32,843
We listened to what
he had to say.
466
00:18:32,877 --> 00:18:35,462
And what do you think?
467
00:18:35,496 --> 00:18:37,480
About Marines deliberately
getting a civilian killed?
468
00:18:37,515 --> 00:18:39,049
I don't buy it, sir.
469
00:18:39,083 --> 00:18:40,951
The men who serve under me
have reason to be aggrieved.
470
00:18:40,986 --> 00:18:42,319
They blame a lot
of people back home
471
00:18:42,354 --> 00:18:43,387
for not giving them
472
00:18:43,421 --> 00:18:45,105
what they need
to win this war.
473
00:18:45,139 --> 00:18:46,607
Yes, sir. I know.
474
00:18:46,691 --> 00:18:47,841
I don't believe they would
475
00:18:47,875 --> 00:18:50,144
deliberately lead a civilian
in danger, either, Colonel.
476
00:18:50,178 --> 00:18:54,415
But I want you to
prove it to me...
477
00:18:54,449 --> 00:18:56,716
in case I'm wrong.
478
00:19:05,843 --> 00:19:07,728
Captain Ellis, you instructed
479
00:19:07,762 --> 00:19:08,895
Lieutenant Howell to arrange
480
00:19:08,930 --> 00:19:10,063
a ride-along
on a Marine mission
481
00:19:10,065 --> 00:19:11,465
for Dwight Kanin,
is this correct?
482
00:19:11,499 --> 00:19:13,133
That's correct, Commander.
483
00:19:13,167 --> 00:19:16,303
Is it unusual for a civilian
to go along on such a mission?
484
00:19:16,337 --> 00:19:17,471
No, sir.
485
00:19:17,505 --> 00:19:19,673
We entertain journalists
and dignitaries often.
486
00:19:19,707 --> 00:19:21,358
But you don't take them
into a combat zone
487
00:19:21,392 --> 00:19:23,793
as Staff Sergeant Mallory
did, is that correct?
488
00:19:23,828 --> 00:19:25,929
No, Commander, not
if we can help it.
489
00:19:25,963 --> 00:19:27,564
What was your understanding
490
00:19:27,598 --> 00:19:30,133
of the nature
of this mission?
491
00:19:30,168 --> 00:19:31,351
It was supposed to be
492
00:19:31,386 --> 00:19:33,937
a routine street patrol
of the Al A'Zamiyah district.
493
00:19:33,972 --> 00:19:37,491
Please show us on the map,
Lieutenant.
494
00:19:37,525 --> 00:19:39,960
It's this sector
here, sir.
495
00:19:39,994 --> 00:19:42,596
Al A'Zamiyah's a mixed
residential and commercial zone
496
00:19:42,630 --> 00:19:44,264
outside of Sadr City.
497
00:19:44,299 --> 00:19:46,366
Our unit patrols A'Zamiyah
with the objective
498
00:19:46,401 --> 00:19:48,936
of reporting any signs
of insurgent activity.
499
00:19:48,937 --> 00:19:51,505
We're also there to maintain
a military presence
500
00:19:51,523 --> 00:19:52,606
as a deterrent.
501
00:19:52,640 --> 00:19:54,741
Thank you, Lieutenant.
Have a seat, please.
502
00:19:54,776 --> 00:19:57,110
Would you consider
this a secure zone?
503
00:19:57,145 --> 00:20:00,648
As secure as it gets in Iraq
these days, Commander, yes.
504
00:20:00,682 --> 00:20:02,249
Now, the ambush
took place
505
00:20:02,284 --> 00:20:05,035
in the Sadr City section
of Baghdad, correct?
506
00:20:05,069 --> 00:20:06,270
That's correct, sir.
507
00:20:06,304 --> 00:20:07,537
And that's what,
508
00:20:07,572 --> 00:20:09,139
about two kilometers
from Al A'Zamiyah?
509
00:20:09,173 --> 00:20:11,074
Yes, sir.
510
00:20:11,108 --> 00:20:12,776
Did you ever brief
511
00:20:12,877 --> 00:20:14,795
Staff Sergeant Mallory
to take his Marine unit
512
00:20:14,829 --> 00:20:16,897
along with a visiting
civilian dignitary
513
00:20:16,931 --> 00:20:18,048
into a hot zone?
514
00:20:18,082 --> 00:20:19,049
No, sir.
515
00:20:19,083 --> 00:20:20,984
So, the decision
to do so
516
00:20:21,052 --> 00:20:22,703
was made solely
by the staff sergeant,
517
00:20:22,737 --> 00:20:25,605
is that correct?
518
00:20:25,640 --> 00:20:28,592
His patrol ran into a street
demonstration, Commander.
519
00:20:28,626 --> 00:20:30,927
Just answer the question,
please, Lieutenant.
520
00:20:32,864 --> 00:20:35,532
Yes, that's correct, Commander.
It was...
521
00:20:35,567 --> 00:20:36,967
A negligent decision,
522
00:20:37,018 --> 00:20:39,753
which resulted in
523
00:20:39,787 --> 00:20:40,870
two unnecessary
deaths.
524
00:20:40,905 --> 00:20:42,239
Objection.
525
00:20:42,273 --> 00:20:44,241
Facts not in evidence;
leading; calls for an opinion.
526
00:20:44,275 --> 00:20:45,976
Sustained,
all grounds.
527
00:20:46,077 --> 00:20:49,196
I have no further
questions, Your Honor.
528
00:20:49,230 --> 00:20:50,763
Lieutenant, what were
529
00:20:50,798 --> 00:20:53,200
Staff Sergeant Mallory's
options?
530
00:20:53,234 --> 00:20:54,617
Push through
the protesters,
531
00:20:54,652 --> 00:20:56,403
detour around them
or turn back.
532
00:20:56,437 --> 00:20:59,239
Now, we know the choice
Staff Sergeant Mallory made,
533
00:20:59,273 --> 00:21:00,874
but what would
you have done?
534
00:21:00,925 --> 00:21:03,243
Going through the protesters
535
00:21:03,277 --> 00:21:05,879
would have only aggravated
matters, ma'am.
536
00:21:05,913 --> 00:21:09,149
Detouring around them
through Sadr City was risky.
537
00:21:09,183 --> 00:21:13,870
Going back, to be honest,
given our training,
538
00:21:13,938 --> 00:21:16,590
retreat is not an option
Marines generally consider.
539
00:21:16,641 --> 00:21:18,324
I suppose I might have done
the same thing
540
00:21:18,359 --> 00:21:19,860
the staff sergeant did, ma'am.
541
00:21:19,861 --> 00:21:22,162
Thank you, Lieutenant.
542
00:21:22,197 --> 00:21:23,930
Lieutenant...
543
00:21:23,964 --> 00:21:27,184
if you had been there,
in the area,
544
00:21:27,285 --> 00:21:29,969
not just with Marines,
545
00:21:30,004 --> 00:21:33,073
but with an inexperienced,
untrained civilian,
546
00:21:33,124 --> 00:21:35,542
would you have
made that decision?
547
00:21:38,846 --> 00:21:41,448
Given those circumstances...
548
00:21:41,482 --> 00:21:43,883
I don't know, Commander.
549
00:21:43,918 --> 00:21:46,670
I might have
turned back, sir.
550
00:21:46,671 --> 00:21:49,456
Thank you, Lieutenant.
551
00:21:49,490 --> 00:21:51,424
No further questions,
Your Honor.
552
00:21:51,459 --> 00:21:53,359
The government rests.
553
00:22:00,802 --> 00:22:04,521
Morning, sir.
You're here early.
554
00:22:04,555 --> 00:22:06,723
Not early enough.
555
00:22:06,757 --> 00:22:07,824
I beg your pardon, sir?
556
00:22:10,044 --> 00:22:12,946
I got here at 0500,
557
00:22:12,980 --> 00:22:15,014
you know, figuring
I'd beat the general in.
558
00:22:15,049 --> 00:22:16,450
He's been here for hours.
559
00:22:16,484 --> 00:22:18,635
He's watching
the court-martial
560
00:22:18,669 --> 00:22:20,787
from Baghdad on a live feed.
561
00:22:20,821 --> 00:22:22,506
Permission to speak freely, sir?
562
00:22:22,540 --> 00:22:23,873
Of course, Coates.
563
00:22:23,908 --> 00:22:26,109
I don't understand
what you're trying to prove
564
00:22:26,143 --> 00:22:28,211
with the general.
You're a great lawyer.
565
00:22:28,246 --> 00:22:30,764
I'm trying to prove
that Admiral Chegwidden
566
00:22:30,798 --> 00:22:32,832
didn't keep me around
out of sympathy.
567
00:22:36,771 --> 00:22:39,406
Uh, that will be all,
Petty Officer.
568
00:22:40,808 --> 00:22:42,659
Oh. I could get
that for you, sir.
569
00:22:44,378 --> 00:22:47,114
I suppose you could drink it
for me, too, Petty Officer.
570
00:22:55,857 --> 00:22:57,157
Sergeant Walters,
571
00:22:57,192 --> 00:22:59,576
you drove the vehicle with
Dwight Kanin in it, did you not?
572
00:22:59,610 --> 00:23:00,977
Yes, ma'am.
573
00:23:01,012 --> 00:23:02,979
What happened when your patrol
encountered the demonstration
574
00:23:03,014 --> 00:23:05,115
in the Al A'Zamiyah
district?
575
00:23:05,149 --> 00:23:07,250
The street was filled
with protesters, ma'am.
576
00:23:07,284 --> 00:23:08,952
The path ahead of us
was blocked.
577
00:23:18,296 --> 00:23:20,146
Maybe we should turn around,
Sergeant?
578
00:23:20,181 --> 00:23:22,015
Staff Sergeant Mallory
will make the call, Corporal.
579
00:23:22,049 --> 00:23:23,166
Can't we go around them?
580
00:23:23,201 --> 00:23:25,635
Detour would put
us in Sadr City.
581
00:23:25,669 --> 00:23:27,571
It can get ugly
there, Mr. Kanin.
582
00:23:27,605 --> 00:23:29,289
What's the situation,
Sergeant?
583
00:23:29,324 --> 00:23:32,576
We could turn back
or we could push on.
584
00:23:32,610 --> 00:23:34,361
Ah...
why not push on.
585
00:23:35,947 --> 00:23:38,798
I'm not afraid
of a little action.
586
00:23:38,833 --> 00:23:40,100
What do we do, Sergeant?
587
00:23:42,503 --> 00:23:44,171
We push on.
588
00:23:44,205 --> 00:23:45,438
Let's gear up!
589
00:23:45,473 --> 00:23:46,990
Let's go.
590
00:23:48,159 --> 00:23:49,343
So Staff Sergeant Mallory
591
00:23:49,344 --> 00:23:51,278
did consider other alternatives?
592
00:23:51,312 --> 00:23:52,913
Oh, yes, ma'am.
593
00:23:52,947 --> 00:23:55,015
What happened
next, Sergeant?
594
00:23:55,049 --> 00:23:57,617
Well, we got back
on the road, ma'am.
595
00:23:57,685 --> 00:23:59,369
Why don't we put you
in the back, Mr. Kanin.
596
00:23:59,403 --> 00:24:00,938
It's a little safer
back there.
597
00:24:00,972 --> 00:24:02,756
Okay, and hustle up,
get back there.
598
00:24:05,443 --> 00:24:07,060
What are you doing?
599
00:24:07,094 --> 00:24:08,896
Sandbags for IEDs.
600
00:24:08,897 --> 00:24:10,580
Improvised explosive devices.
601
00:24:10,648 --> 00:24:12,950
They'll rip the hell out
of this Humvee.
602
00:24:12,984 --> 00:24:15,319
Oh, uh, Sergeant...?
603
00:24:15,353 --> 00:24:17,204
That's okay, sir,
you keep yours on.
604
00:24:17,238 --> 00:24:18,955
What's that for?
605
00:24:19,040 --> 00:24:20,607
Bullets and shrapnel.
606
00:24:20,641 --> 00:24:22,208
They go right
through the vehicle.
607
00:24:22,243 --> 00:24:23,710
A vest only
protects so much.
608
00:24:23,744 --> 00:24:24,928
You're vulnerable
from the side.
609
00:24:24,963 --> 00:24:26,439
It's like the sergeant
said, sir,
610
00:24:26,474 --> 00:24:27,915
we're a little light
on armor here.
611
00:24:27,949 --> 00:24:29,917
This is the best we can do.
612
00:24:29,951 --> 00:24:30,918
Let's move out!
613
00:24:38,642 --> 00:24:40,811
We turned off the main road
614
00:24:40,845 --> 00:24:43,696
to avoid the protesters
and entered Sadr City.
615
00:24:56,143 --> 00:24:58,177
We found ourselves on a narrow
commercial street
616
00:24:58,196 --> 00:24:59,580
surrounded by locals.
617
00:24:59,614 --> 00:25:01,365
Most of them afraid,
618
00:25:01,399 --> 00:25:02,916
but not all of them.
619
00:25:24,389 --> 00:25:25,989
We didn't get far
620
00:25:26,057 --> 00:25:30,310
before an IED was detonated
under our six-by.
621
00:25:30,345 --> 00:25:32,078
We were caught in
the crossfire.
622
00:25:40,654 --> 00:25:44,708
We took cover as best we could;
we gave as good as we got.
623
00:25:54,719 --> 00:25:56,553
Staff Sergeant Mallory
and Corporal Salazar
624
00:25:56,588 --> 00:25:58,956
dragged Mr. Kanin to safety,
ma'am.
625
00:26:06,898 --> 00:26:08,348
Staff Sergeant Mallory
626
00:26:08,382 --> 00:26:10,817
put the civilian
in the best cover we had-
627
00:26:10,851 --> 00:26:13,486
Corporal Salazar there
to keep his head down.
628
00:26:13,520 --> 00:26:14,905
Just one problem-
629
00:26:14,939 --> 00:26:17,757
in the confusion,
the corporal never had a chance
630
00:26:17,775 --> 00:26:20,676
to get his flak jacket on.
631
00:26:24,499 --> 00:26:27,633
One shot.
Corporal Salazar went down.
632
00:26:45,386 --> 00:26:47,070
I saw Kanin panic...
633
00:26:47,105 --> 00:26:48,188
Kanin!
634
00:26:48,222 --> 00:26:49,106
so I jumped him before he could
635
00:26:49,140 --> 00:26:50,456
run into the crossfire.
636
00:26:50,475 --> 00:26:52,208
Stay down!
637
00:26:52,243 --> 00:26:54,210
I didn't figure
on what came next.
638
00:27:18,685 --> 00:27:22,655
Last thing I saw
was Kanin going down.
639
00:27:22,689 --> 00:27:23,890
There was nothing any of us
640
00:27:23,925 --> 00:27:25,425
could've done for him
after that.
641
00:27:25,459 --> 00:27:28,228
In your opinion,
would Mr. Kanin have been safe
642
00:27:28,229 --> 00:27:30,463
had he stayed where Staff
Sergeant Mallory positioned him?
643
00:27:30,497 --> 00:27:32,782
I believe so, ma'am.
644
00:27:32,816 --> 00:27:35,418
Staff Sergeant did everything he
could to keep Mr. Kanin alive.
645
00:27:35,436 --> 00:27:39,171
Thank you, Sergeant, for your
testimony and for your valor.
646
00:27:43,043 --> 00:27:47,830
Sergeant, did Staff Sergeant
Mallory resent being forced
647
00:27:47,865 --> 00:27:49,515
to take Dwight Kanin
out on patrol?
648
00:27:49,549 --> 00:27:51,217
Objection.
Calls for speculation.
649
00:27:51,252 --> 00:27:52,135
Sustained.
650
00:27:52,170 --> 00:27:53,586
Sergeant,
did you resent
651
00:27:53,620 --> 00:27:56,289
having Dwight Kanin along
652
00:27:56,323 --> 00:27:57,023
on patrol?
653
00:27:57,058 --> 00:27:58,841
Yes, sir. A little.
654
00:27:58,876 --> 00:28:00,827
Do you believe that
655
00:28:00,861 --> 00:28:04,597
Dwight Kanin's
unwanted presence on patrol
656
00:28:04,632 --> 00:28:07,533
influenced
the staff sergeant's decision
657
00:28:07,568 --> 00:28:09,502
to proceed with his unit
into a dangerous area?
658
00:28:09,536 --> 00:28:10,703
Objection.
Speculation.
659
00:28:10,737 --> 00:28:13,372
Sustained.
660
00:28:13,407 --> 00:28:16,025
I have no further questions,
Your Honor.
661
00:28:18,029 --> 00:28:19,312
Your Honor, the defense calls
662
00:28:19,347 --> 00:28:21,565
Staff Sergeant Timothy Mallory
to the stand.
663
00:28:21,599 --> 00:28:23,649
Staff Sergeant,
why didn't you
664
00:28:23,684 --> 00:28:25,735
abort the mission when you saw
your way was blocked here?
665
00:28:25,770 --> 00:28:27,203
I thought proceeding
through Sadr City
666
00:28:27,237 --> 00:28:28,321
was the best plan, ma'am.
667
00:28:28,356 --> 00:28:29,322
Why?
668
00:28:29,357 --> 00:28:30,857
It was the shortest route back.
669
00:28:30,891 --> 00:28:32,843
Shorter than going back
the way you came?
670
00:28:32,877 --> 00:28:34,444
At that point,
yes, ma'am.
671
00:28:34,478 --> 00:28:37,096
Weren't you worried about
hostile activity?
672
00:28:37,131 --> 00:28:38,414
There hadn't been
any serious activity
673
00:28:38,449 --> 00:28:39,549
in that sector
in over a week.
674
00:28:39,584 --> 00:28:40,817
I believed it was safe.
675
00:28:40,851 --> 00:28:43,620
As it turns out,
I was wrong.
676
00:28:43,654 --> 00:28:46,456
I regret that, ma'am.
I always will.
677
00:28:46,490 --> 00:28:48,341
When the ambush happened,
Staff Sergeant,
678
00:28:48,375 --> 00:28:50,944
did you feel Dwight Kanin
was adequately protected
679
00:28:50,978 --> 00:28:54,147
where you left him with Corporal
Salazar behind the vehicle?
680
00:28:54,182 --> 00:28:55,598
Yes, ma'am.
681
00:28:55,632 --> 00:28:57,233
And if he'd stayed there,
he'd be alive today?
682
00:28:57,267 --> 00:28:59,603
Objection. Counsel is
testifying, Your Honor.
683
00:28:59,637 --> 00:29:00,970
Sustained.
684
00:29:01,004 --> 00:29:02,522
Do you have
a question, Colonel?
685
00:29:02,556 --> 00:29:03,690
I do, Your Honor.
686
00:29:03,724 --> 00:29:05,692
Staff Sergeant Mallory,
putting aside, for now,
687
00:29:05,726 --> 00:29:07,327
what we know happened
on this patrol,
688
00:29:07,361 --> 00:29:08,995
do you believe
you acted in accordance
689
00:29:09,030 --> 00:29:10,596
with your Marine Corps training
690
00:29:10,631 --> 00:29:13,432
in taking the initiative
to lead Mr. Kanin and your men
691
00:29:13,467 --> 00:29:15,751
out of harm's way
in the best way possible,
692
00:29:15,786 --> 00:29:18,438
with the least potential
for casualties?
693
00:29:18,472 --> 00:29:19,672
Yes, ma'am, I do.
694
00:29:19,707 --> 00:29:22,042
Thank you, Staff Sergeant.
695
00:29:22,076 --> 00:29:25,528
Staff Sergeant, you stated you
chose to go through Sadr City
696
00:29:25,563 --> 00:29:28,764
because you felt you and
your men could get through.
697
00:29:28,799 --> 00:29:30,366
That's correct,
Commander.
698
00:29:30,401 --> 00:29:33,403
Well, what about
Dwight Kanin?
699
00:29:33,437 --> 00:29:34,870
Not sure I follow, sir.
700
00:29:34,905 --> 00:29:36,623
An inexperienced,
untrained civilian
701
00:29:36,657 --> 00:29:38,191
taking fire
in a combat zone,
702
00:29:38,226 --> 00:29:40,427
he didn't stand much
of a chance, did he?
703
00:29:40,461 --> 00:29:41,928
Objection. Argumentative.
704
00:29:41,962 --> 00:29:43,446
Sustained.
705
00:29:43,480 --> 00:29:45,048
What's the real reason
you chose to take a civilian
706
00:29:45,082 --> 00:29:46,115
into a hot zone, Staff Sergeant?
707
00:29:46,150 --> 00:29:47,116
Objection!
708
00:29:47,151 --> 00:29:48,684
It goes to motive,
Your Honor.
709
00:29:48,718 --> 00:29:51,454
Overruled. The accused
will answer the question.
710
00:29:51,489 --> 00:29:54,424
Like I said, I thought
it was our best chance.
711
00:29:54,458 --> 00:29:56,009
What, to get out of there,
712
00:29:56,043 --> 00:29:58,678
or give Dwight Kanin
a taste of combat?
713
00:29:58,712 --> 00:30:01,448
Come on, Staff Sergeant!
Do you expect us to believe
714
00:30:01,482 --> 00:30:04,367
you didn't take advantage
of that situation?
715
00:30:04,401 --> 00:30:07,803
You were frustrated by the lack
of adequate supplies, armor,
716
00:30:07,838 --> 00:30:08,871
artillery.
717
00:30:08,906 --> 00:30:10,707
You were vocal about it
on many occasions.
718
00:30:10,741 --> 00:30:12,692
Now, here was a man in a
position to change all that.
719
00:30:12,727 --> 00:30:14,961
You didn't take
advantage of that?
720
00:30:17,531 --> 00:30:18,632
Just didn't understand, sir.
721
00:30:18,666 --> 00:30:20,032
Why, because he
was a civilian?
722
00:30:20,067 --> 00:30:22,868
No, sir.
Because he was uneducated
723
00:30:22,903 --> 00:30:26,205
about our situation
over here, sir.
724
00:30:26,240 --> 00:30:30,192
Did you intentionally expose
Dwight Kanin to hostile fire,
725
00:30:30,227 --> 00:30:32,445
Staff Sergeant?
726
00:30:32,480 --> 00:30:34,814
I had no intention
to harm the man.
727
00:30:34,848 --> 00:30:37,049
In fact, just the opposite, sir.
728
00:30:37,084 --> 00:30:39,819
I thought if he saw
what we face every day,
729
00:30:39,853 --> 00:30:40,970
he'd go back to Washington
730
00:30:41,004 --> 00:30:43,039
and tell people
what's really going on.
731
00:30:43,073 --> 00:30:44,890
It didn't turn out that
way, though, did it?
732
00:30:44,925 --> 00:30:48,078
No, sir. But I never meant
to get the man killed.
733
00:30:48,112 --> 00:30:49,728
So you admit you
got him killed?
734
00:30:49,763 --> 00:30:52,632
No, sir.
That is not what I meant.
735
00:30:52,666 --> 00:30:54,400
You didn't intend
736
00:30:54,435 --> 00:30:56,552
to get Corporal Salazar
killed, either, did you?
737
00:30:56,587 --> 00:30:58,555
I have no further questions,
Your Honor.
738
00:30:58,589 --> 00:31:00,790
Salazar would be alive today,
if it wasn't for Kanin.
739
00:31:00,824 --> 00:31:03,143
He had no business
being here.
740
00:31:03,177 --> 00:31:05,195
He sent us to fight a war.
Fine.
741
00:31:05,229 --> 00:31:07,830
Give us the equipment,
let us fight it,
742
00:31:07,864 --> 00:31:09,999
and stay the hell
out of our way.
743
00:31:22,596 --> 00:31:25,147
Will the accused
please rise.
744
00:31:25,182 --> 00:31:27,784
The president will
publish the finding.
745
00:31:27,818 --> 00:31:30,937
Staff Sergeant Timothy Mallory,
United States Marine Corps,
746
00:31:30,971 --> 00:31:32,539
on the charge
and specification
747
00:31:32,573 --> 00:31:35,892
of involuntary manslaughter
by culpable negligence,
748
00:31:35,926 --> 00:31:38,027
this court-martial
finds you guilty.
749
00:31:38,062 --> 00:31:41,998
This court-martial will
reconvene at 0900 tomorrow
750
00:31:42,032 --> 00:31:43,432
for the penalty phase
of this trial.
751
00:31:47,454 --> 00:31:49,355
Thank you, sir.
752
00:31:49,389 --> 00:31:50,623
Penalty phase
is tomorrow,
753
00:31:50,658 --> 00:31:52,291
so let's concentrate
on that.
754
00:32:01,201 --> 00:32:02,769
Come in.
755
00:32:04,304 --> 00:32:07,507
Sir, I just want you to know
I made a fresh pot of coffee,
756
00:32:07,541 --> 00:32:09,709
in case you'd like to get
yourself a cup.
757
00:32:09,744 --> 00:32:11,544
Have a seat, Petty Officer.
758
00:32:17,568 --> 00:32:18,868
You've been
in some trouble.
759
00:32:18,902 --> 00:32:20,102
Yes, sir.
760
00:32:20,137 --> 00:32:21,437
Three years ago
last Christmas,
761
00:32:21,471 --> 00:32:23,990
you were brought up on charges
for going UA
762
00:32:24,024 --> 00:32:27,093
and impersonating Santa Claus.
763
00:32:27,127 --> 00:32:30,146
Yes, sir. In order to
steal the cash bucket.
764
00:32:32,900 --> 00:32:34,433
Are you a thief,
Petty Officer?
765
00:32:34,468 --> 00:32:36,268
I was, sir.
Not anymore.
766
00:32:36,303 --> 00:32:37,403
Why not?
767
00:32:37,438 --> 00:32:38,905
Commander Rabb, sir.
768
00:32:38,939 --> 00:32:40,306
He showed me
the straight path
769
00:32:40,340 --> 00:32:42,842
and I ended up a legalman
on the USS Seahawk,
770
00:32:42,910 --> 00:32:44,727
and then became
the admiral's aide.
771
00:32:44,761 --> 00:32:46,562
The commander did all that?
772
00:32:46,596 --> 00:32:48,481
This may sound strange, sir,
but it was the first time
773
00:32:48,516 --> 00:32:51,317
anybody had trusted me
in a long time.
774
00:32:51,351 --> 00:32:54,186
It changed the way
I felt about myself.
775
00:32:54,221 --> 00:32:56,655
I give extra points
to a sailor
776
00:32:56,690 --> 00:32:59,325
who can dig herself out
of a hole the way you did.
777
00:32:59,359 --> 00:33:01,477
Thank you, sir.
778
00:33:01,512 --> 00:33:02,612
Does that surprise you?
779
00:33:02,646 --> 00:33:03,846
A little.
780
00:33:03,880 --> 00:33:05,098
Good.
781
00:33:07,268 --> 00:33:09,211
I take my coffee...
782
00:33:09,246 --> 00:33:11,154
Black- yes, sir,
783
00:33:11,189 --> 00:33:12,021
I know.
784
00:33:12,139 --> 00:33:13,305
Were you in the habit
785
00:33:13,340 --> 00:33:14,540
of finishing Admiral
Chegwidden's sentences,
786
00:33:14,574 --> 00:33:15,574
Petty Officer?
787
00:33:15,609 --> 00:33:17,960
Sort of, sir.
788
00:33:17,994 --> 00:33:20,229
Well, that ends now.
789
00:33:20,264 --> 00:33:21,797
We clear?
790
00:33:21,831 --> 00:33:23,466
Yes, sir.
791
00:33:33,110 --> 00:33:34,711
Good afternoon,
Commander, Colonel.
792
00:33:34,745 --> 00:33:36,145
Good afternoon, sir.
Sir.
793
00:33:36,179 --> 00:33:37,580
These officers have come to me.
794
00:33:37,615 --> 00:33:39,298
They would like to testify
in the penalty phase
795
00:33:39,333 --> 00:33:42,301
of Staff Sergeant Mallory's
court-martial.
796
00:33:42,336 --> 00:33:43,970
The government will welcome
their input, sir.
797
00:33:44,004 --> 00:33:45,204
Actually, Commander,
798
00:33:45,238 --> 00:33:46,889
we'd like to testify
in mitigation...
799
00:33:46,923 --> 00:33:47,957
for the accused.
800
00:33:47,991 --> 00:33:50,677
Respectfully, Colonel,
801
00:33:50,711 --> 00:33:52,111
if you
and your fellow officers
802
00:33:52,145 --> 00:33:53,412
felt you had
something to add,
803
00:33:53,447 --> 00:33:54,948
why didn't you come forward
during the findings phase
804
00:33:54,982 --> 00:33:56,182
of Staff Sergeant Mallory's
805
00:33:56,216 --> 00:33:58,168
court-martial?
806
00:33:58,202 --> 00:34:01,504
Sometimes situations
that are not obvious at first
807
00:34:01,539 --> 00:34:03,873
become clear with time
and context.
808
00:34:06,277 --> 00:34:09,245
The accused may present matters
in extenuation and mitigation
809
00:34:09,280 --> 00:34:12,165
to be considered by the court
in deciding a sentence.
810
00:34:12,199 --> 00:34:13,616
You may proceed,
Colonel MacKenzie.
811
00:34:13,650 --> 00:34:15,234
Colonel Atwater,
what was the purpose
812
00:34:15,269 --> 00:34:16,536
of Dwight Kanin's visit?
813
00:34:16,620 --> 00:34:19,805
To get a firsthand glimpse
of the war he supported.
814
00:34:19,874 --> 00:34:21,140
So he was here
as a government observer,
815
00:34:21,175 --> 00:34:22,275
not a tourist?
816
00:34:22,309 --> 00:34:23,709
Correct.
817
00:34:23,743 --> 00:34:26,445
Although he certainly acted
like a tourist in my presence.
818
00:34:26,480 --> 00:34:28,514
Thank you, Colonel.
819
00:34:28,549 --> 00:34:30,550
I really appreciate
you making time for me.
820
00:34:30,584 --> 00:34:32,485
Well, Captain Ellis will
make your arrangements
821
00:34:32,519 --> 00:34:33,619
with First Battalion.
822
00:34:33,654 --> 00:34:35,221
I'll leave you in
his capable hands.
823
00:34:35,255 --> 00:34:37,290
Thank you, sir.
824
00:34:37,324 --> 00:34:38,591
Oh, hang on, Colonel.
825
00:34:38,625 --> 00:34:39,825
Son, can I prevail upon you?
826
00:34:39,859 --> 00:34:40,993
Sure thing, sir.
827
00:34:41,028 --> 00:34:42,294
I need a picture.
828
00:34:42,329 --> 00:34:43,863
Make sure
that you get the flag
829
00:34:43,897 --> 00:34:45,465
in the background.
830
00:34:45,499 --> 00:34:47,199
We need to scooch
over a little bit?
831
00:34:47,234 --> 00:34:48,568
Great, great.
832
00:34:50,370 --> 00:34:52,071
Thank you, son.
833
00:34:52,105 --> 00:34:53,740
Thank you, Colonel.
834
00:34:53,774 --> 00:34:55,742
Let's go.
835
00:34:55,776 --> 00:34:57,176
Colonel, what was
your personal attitude
836
00:34:57,211 --> 00:34:59,245
toward Mr. Kanin
at that time?
837
00:34:59,279 --> 00:35:03,049
I disapproved of Mr. Kanin's
presence in our theater.
838
00:35:03,083 --> 00:35:04,817
I didn't get
the impression
839
00:35:04,851 --> 00:35:06,319
that he was
searching for facts
840
00:35:06,353 --> 00:35:08,421
to aid his policy
recommendations.
841
00:35:08,455 --> 00:35:10,924
I felt he'd come here for
photo ops with the troops,
842
00:35:10,958 --> 00:35:12,758
maybe some
cheap thrills.
843
00:35:12,793 --> 00:35:14,927
Did you convey any of that
attitude to Captain Ellis?
844
00:35:14,962 --> 00:35:17,096
Not in so many words,
but I think I made
845
00:35:17,148 --> 00:35:18,047
my opinion of the man clear.
846
00:35:18,081 --> 00:35:19,181
I told Captain Ellis
847
00:35:19,216 --> 00:35:20,617
"Get that chicken hawk
out of my sight. "
848
00:35:20,651 --> 00:35:22,385
I didn't want anything more
to do with him.
849
00:35:22,419 --> 00:35:25,038
Thank you for your candor,
Colonel.
850
00:35:25,072 --> 00:35:26,456
Your witness.
851
00:35:26,490 --> 00:35:29,909
Colonel, you have chosen
to testify in mitigation
852
00:35:29,943 --> 00:35:32,328
on behalf
of Staff Sergeant Mallory, sir.
853
00:35:32,363 --> 00:35:33,312
Why?
854
00:35:33,447 --> 00:35:35,415
Because it's the
right thing to do.
855
00:35:35,449 --> 00:35:37,182
Respectfully, Colonel,
856
00:35:37,217 --> 00:35:38,801
are you sure you're not just
trying to assuage
857
00:35:38,835 --> 00:35:40,636
a guilty conscience
by coming to the rescue
858
00:35:40,671 --> 00:35:42,554
of a young marine
staff sergeant?
859
00:35:42,589 --> 00:35:44,173
Objection- counsel
is testifying.
860
00:35:44,208 --> 00:35:45,091
I'd like to answer the question.
861
00:35:45,209 --> 00:35:46,676
I'd like to hear
the answer.
862
00:35:46,710 --> 00:35:49,478
If I have a guilty conscience,
863
00:35:49,513 --> 00:35:51,914
there's a reason, Commander.
864
00:35:51,948 --> 00:35:54,016
It wasn't till yesterday,
865
00:35:54,051 --> 00:35:55,585
hearing this young
marine staff sergeant
866
00:35:55,619 --> 00:35:57,119
express his desire
867
00:35:57,188 --> 00:35:58,471
to teach Mr. Kanin a lesson,
868
00:35:58,505 --> 00:36:00,673
that I realized that
I share responsibility
869
00:36:00,707 --> 00:36:02,208
for what happened.
870
00:36:02,242 --> 00:36:03,209
But you weren't there, Colonel.
871
00:36:03,243 --> 00:36:06,178
You did not order
Staff Sergeant Mallory
872
00:36:06,213 --> 00:36:09,015
to transport Dwight Kanin
into a combat zone, sir.
873
00:36:09,049 --> 00:36:11,233
No, no, but I did suggest
to my subordinates
874
00:36:11,268 --> 00:36:13,269
that Mr. Kanin needed
to be educated
875
00:36:13,303 --> 00:36:15,271
as to our predicament over here.
876
00:36:15,305 --> 00:36:16,088
I didn't give
an order,
877
00:36:16,123 --> 00:36:17,540
but my feelings
were known.
878
00:36:17,625 --> 00:36:20,743
Words have an effect.
879
00:36:20,878 --> 00:36:23,546
As a leader,
I know that.
880
00:36:23,581 --> 00:36:24,596
But I didn't realize
881
00:36:24,631 --> 00:36:27,550
until now just what kind
of consequences could result.
882
00:36:27,584 --> 00:36:30,553
Captain Ellis,
did you share similar disdain
883
00:36:30,587 --> 00:36:33,956
toward Dwight Kanin as that
expressed by Colonel Atwater?
884
00:36:33,990 --> 00:36:35,324
Yes, Colonel.
885
00:36:35,358 --> 00:36:36,725
I was offended by
Mr. Kanin's request
886
00:36:36,760 --> 00:36:39,429
to go on a "real mission
with real marines. "
887
00:36:39,463 --> 00:36:40,496
It was demeaning,
888
00:36:40,530 --> 00:36:41,798
especially to the young men
and women
889
00:36:41,832 --> 00:36:44,066
who put their lives on the line
to serve their country.
890
00:36:44,100 --> 00:36:46,302
I also felt it demonstrated
a complete lack of awareness
891
00:36:46,336 --> 00:36:49,672
of the realities of a war
Mr. Kanin was known to champion.
892
00:36:49,706 --> 00:36:51,808
Did you express this sentiment
to anyone in your command?
893
00:36:51,909 --> 00:36:52,659
I did.
894
00:36:52,693 --> 00:36:53,826
I spoke to Lieutenant
Howell about it.
895
00:36:53,861 --> 00:36:54,994
Would you please be specific
896
00:36:54,995 --> 00:36:55,745
and tell the court
897
00:36:55,863 --> 00:36:57,663
your exact words
to Lieutenant Howell?
898
00:36:57,665 --> 00:36:59,866
I told Lieutenant Howell that
Mr. Kanin should be careful
899
00:36:59,900 --> 00:37:01,300
what he wishes
for, Colonel.
900
00:37:01,334 --> 00:37:02,184
Anything else?
901
00:37:02,218 --> 00:37:03,769
I told Lieutenant Howell
902
00:37:03,787 --> 00:37:05,187
that if Mr. Kanin
ever saw action,
903
00:37:05,222 --> 00:37:07,457
he'd go home with a new pair
of shorts on, ma'am.
904
00:37:09,293 --> 00:37:10,609
Why choose to come forward now
905
00:37:10,644 --> 00:37:13,780
to testify on behalf
of Staff Sergeant Mallory?
906
00:37:13,814 --> 00:37:15,197
It wasn't until yesterday
that I realized
907
00:37:15,232 --> 00:37:17,483
the full impact
of what I had said;
908
00:37:17,517 --> 00:37:19,518
how a vague spoken desire
909
00:37:19,603 --> 00:37:21,838
can turn into a young marine's
command decision in the field.
910
00:37:23,223 --> 00:37:24,740
Lieutenant,
how did you interpret
911
00:37:24,775 --> 00:37:27,776
Captain Ellis' statements
to you about Dwight Kanin?
912
00:37:27,811 --> 00:37:30,446
That we should scare the crap
out of the civilian, ma'am.
913
00:37:30,480 --> 00:37:31,713
Excuse my language.
914
00:37:31,782 --> 00:37:33,015
Did you tell
Staff Sergeant Mallory
915
00:37:33,049 --> 00:37:34,417
to scare the crap out of him?
916
00:37:34,451 --> 00:37:36,202
I didn't quite phrase it
that way.
917
00:37:37,854 --> 00:37:41,157
Look, this Kanin thinks
it's a video game over here.
918
00:37:41,191 --> 00:37:42,909
Show him what
it's really like.
919
00:37:42,943 --> 00:37:44,910
Yes, sir.
920
00:37:48,982 --> 00:37:52,017
By which you meant what,
Lieutenant?
921
00:37:52,052 --> 00:37:53,652
Give Mr. Kanin a
taste of what life
922
00:37:53,686 --> 00:37:55,654
is like over here...
923
00:37:55,689 --> 00:37:58,641
in the hope he might return
to D.C. with a new appreciation
924
00:37:58,759 --> 00:38:01,060
and maybe some
new policy views.
925
00:38:01,094 --> 00:38:03,996
That's not what happened,
though, is it?
926
00:38:04,030 --> 00:38:06,899
You gave him a little more
than a taste
927
00:38:06,933 --> 00:38:09,101
and now Dwight Kanin is dead,
928
00:38:09,153 --> 00:38:11,286
as is Corporal Salazar,
929
00:38:11,321 --> 00:38:13,823
and Sergeant Walters
has lost his arm.
930
00:38:13,824 --> 00:38:16,559
That's not what
you intended, is it?
931
00:38:16,577 --> 00:38:19,462
No, Commander.
932
00:38:19,496 --> 00:38:22,231
But all the same,
933
00:38:22,265 --> 00:38:25,301
I bear no small measure
of responsibility, sir.
934
00:38:26,686 --> 00:38:28,788
And I'll regret to my dying day
935
00:38:28,822 --> 00:38:31,407
that my lack of clarity
in issuing instructions
936
00:38:31,458 --> 00:38:35,778
resulted in this tragedy
and put Staff Sergeant Mallory
937
00:38:35,813 --> 00:38:38,648
in the position he's in today.
938
00:38:38,682 --> 00:38:40,800
General Watson,
939
00:38:40,884 --> 00:38:43,502
at whose request do you appear
in this courtroom today?
940
00:38:43,536 --> 00:38:44,503
My own.
941
00:38:44,537 --> 00:38:46,172
Sir, you are the
convening authority
942
00:38:46,206 --> 00:38:48,140
for this court-martial,
are you not?
943
00:38:48,175 --> 00:38:50,142
I was.
I turned that duty over
944
00:38:50,177 --> 00:38:53,179
to a backup convening
General Hansen.
945
00:38:53,213 --> 00:38:54,246
May I ask why, sir?
946
00:38:54,281 --> 00:38:55,864
So that I may testify.
947
00:38:55,899 --> 00:38:59,468
Are you personally acquainted
with the defendant,
948
00:38:59,502 --> 00:39:00,469
Staff Sergeant Mallory?
949
00:39:00,503 --> 00:39:02,038
I am not.
950
00:39:02,072 --> 00:39:04,157
Are you familiar with
the details of this case, sir?
951
00:39:04,191 --> 00:39:05,524
I am, including the fact
952
00:39:05,558 --> 00:39:07,326
that Staff Sergeant
Mallory performed
953
00:39:07,361 --> 00:39:09,412
with courage
under fire.
954
00:39:09,446 --> 00:39:11,663
Sir, do you believe
there is a problem
955
00:39:11,715 --> 00:39:13,382
in your chain of command?
956
00:39:13,416 --> 00:39:14,717
Systemically, I do not.
957
00:39:14,751 --> 00:39:17,286
The personnel who serve
under me strive daily
958
00:39:17,320 --> 00:39:20,006
to do their best
under difficult circumstances.
959
00:39:20,040 --> 00:39:22,675
Do you believe
Dwight Kanin's death resulted
960
00:39:22,709 --> 00:39:25,761
from a singular failure
in your chain of command?
961
00:39:25,896 --> 00:39:28,231
Yes, I do.
962
00:39:28,265 --> 00:39:30,199
What was that failure, sir?
Officers...
963
00:39:30,267 --> 00:39:32,835
allowed their dislike
of Mr. Kanin
964
00:39:32,869 --> 00:39:35,238
to color orders that were
given to subordinates.
965
00:39:35,272 --> 00:39:38,006
Orders were given
that were vague
966
00:39:38,041 --> 00:39:39,041
and ambiguous.
967
00:39:39,076 --> 00:39:40,743
Why do you think
that happened, sir?
968
00:39:40,777 --> 00:39:42,928
There are a multitude
of reasons,
969
00:39:42,963 --> 00:39:43,996
but two come to mind:
970
00:39:44,081 --> 00:39:45,781
Mr. Kanin represented
a branch
971
00:39:45,816 --> 00:39:48,334
of the civilian leadership
that has complicated
972
00:39:48,368 --> 00:39:49,351
and compromised
the mission
973
00:39:49,385 --> 00:39:52,538
of the Marine
Expeditionary Force.
974
00:39:52,572 --> 00:39:55,641
Also, his personal attitude
was one of disrespect
975
00:39:55,675 --> 00:39:59,212
for the fighting men and women.
976
00:39:59,246 --> 00:40:00,379
So when
Staff Sergeant Mallory,
977
00:40:00,414 --> 00:40:02,415
in a flash
of a second,
978
00:40:02,466 --> 00:40:05,317
had to decide
a course of action,
979
00:40:05,352 --> 00:40:07,603
I believe that he chose
the wrong one.
980
00:40:07,637 --> 00:40:10,273
But there are many who,
if in his place,
981
00:40:10,307 --> 00:40:13,025
would have made
the same choice.
982
00:40:13,060 --> 00:40:15,161
Does that excuse
his actions? No.
983
00:40:15,195 --> 00:40:16,345
Does that put
his actions
984
00:40:16,480 --> 00:40:18,030
into context?
985
00:40:18,064 --> 00:40:19,649
Most definitely, yes.
986
00:40:19,683 --> 00:40:21,400
Thank you, General.
987
00:40:21,435 --> 00:40:23,319
No further questions.
988
00:40:23,353 --> 00:40:24,720
General, would an order
989
00:40:24,754 --> 00:40:27,073
to jeopardize Dwight Kanin's
life be unauthorized?
990
00:40:27,107 --> 00:40:28,825
Yes.
991
00:40:28,859 --> 00:40:30,459
So, then, if the staff sergeant
believed
992
00:40:30,493 --> 00:40:31,694
he had received such an order,
993
00:40:31,728 --> 00:40:33,862
it would be his duty
to disobey it.
994
00:40:34,832 --> 00:40:36,966
That could be argued.
995
00:40:37,000 --> 00:40:38,667
Is that a yes or no, General?
996
00:40:39,586 --> 00:40:41,954
In hindsight, yes.
997
00:40:41,988 --> 00:40:43,556
Thank you, sir.
998
00:40:43,590 --> 00:40:45,641
No further questions.
999
00:40:45,675 --> 00:40:49,095
Defense and counsel will rise.
1000
00:40:49,129 --> 00:40:51,264
Staff Sergeant
Timothy Mallory,
1001
00:40:51,265 --> 00:40:52,348
the court members
have sentenced you
1002
00:40:52,382 --> 00:40:55,251
to six months confinement
at hard labor,
1003
00:40:55,285 --> 00:40:57,570
reduction in rank
to lance corporal,
1004
00:40:57,604 --> 00:40:59,956
and forfeiture of all pay
and allowances for six months.
1005
00:40:59,990 --> 00:41:01,357
However,
1006
00:41:01,391 --> 00:41:04,710
this court recommends
that the convening authority
1007
00:41:04,745 --> 00:41:06,528
postpone executing
the sentence
1008
00:41:06,563 --> 00:41:07,863
pending review
of the testimony
1009
00:41:07,898 --> 00:41:10,066
taken in these proceedings.
1010
00:41:10,117 --> 00:41:12,735
In the opinion of this court,
1011
00:41:12,769 --> 00:41:15,938
the deaths of a civilian
and a marine
1012
00:41:15,973 --> 00:41:18,374
and the maiming
of another marine
1013
00:41:18,408 --> 00:41:20,843
may have been the direct result
of a breakdown
1014
00:41:20,878 --> 00:41:22,478
in the chain of command,
1015
00:41:22,513 --> 00:41:23,779
resulting
in the issuance
1016
00:41:23,814 --> 00:41:27,333
or appearance of unofficial
orders as interpreted
1017
00:41:27,367 --> 00:41:29,084
by Staff Sergeant Mallory.
1018
00:41:29,118 --> 00:41:32,154
This court does not believe
that Staff Sergeant Mallory
1019
00:41:32,188 --> 00:41:33,806
should be held
solely responsible
1020
00:41:33,840 --> 00:41:35,774
for the consequences
of his actions,
1021
00:41:35,809 --> 00:41:37,026
and this court recommends
1022
00:41:37,060 --> 00:41:39,361
that further investigation
of the events
1023
00:41:39,363 --> 00:41:44,133
surrounding this incident
is indeed merited.
1024
00:41:44,167 --> 00:41:46,068
This court is adjourned.
1025
00:41:46,102 --> 00:41:47,586
Sir.
1026
00:41:47,620 --> 00:41:49,521
Thank you both.
1027
00:41:49,555 --> 00:41:52,557
General, what you did
in there took guts, sir.
1028
00:41:52,592 --> 00:41:54,493
It takes guts
to face an RPG.
1029
00:41:54,527 --> 00:41:56,662
Admitting failure
hardly rates a mention.
1030
00:41:56,696 --> 00:41:58,363
It is my fervent hope
1031
00:41:58,398 --> 00:42:01,867
that I won't see either
one of you anytime soon.
1032
00:42:01,902 --> 00:42:04,536
Aye, aye, sir.
1033
00:42:06,873 --> 00:42:09,308
Colonel, Commander.
1034
00:42:09,342 --> 00:42:11,343
Impressive performances
in there.
1035
00:42:11,378 --> 00:42:13,045
Either of you want
to go on camera?
1036
00:42:13,079 --> 00:42:14,880
No comment.
No, thanks.
1037
00:42:14,914 --> 00:42:16,515
You do realize
that I am the one
1038
00:42:16,550 --> 00:42:18,016
that pointed you
in the right direction?
1039
00:42:18,051 --> 00:42:19,818
And for that,
we'll always be grateful.
1040
00:42:19,852 --> 00:42:21,620
The staff sergeant
only received six months
1041
00:42:21,655 --> 00:42:23,088
and no discharge.
1042
00:42:23,122 --> 00:42:25,090
You disappointed
with that sentence, Commander?
1043
00:42:25,124 --> 00:42:28,760
No, and you can put that
on the air, if you'd like.
1044
00:42:30,261 --> 00:42:34,561
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