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1
00:04:32,814 --> 00:04:36,317
Captain, I'd like to request that
It be me who's the attorney....
2
00:04:37,361 --> 00:04:39,946
That it be myself who's assigned....
3
00:04:40,197 --> 00:04:43,324
No, I'd like to request
That it be I who am assigned....
4
00:04:44,534 --> 00:04:49,372
“That it be I who am assigned”?
That's confidence-inspiring.
5
00:04:50,207 --> 00:04:53,542
Good grammar, there.
Captain, I'd like to request....
6
00:05:00,133 --> 00:05:02,718
Lieutenant Commander Galloway,
Here to see Captain West.
7
00:05:02,886 --> 00:05:05,388
-Go right in, they're expecting you.
-Thank you.
8
00:05:09,559 --> 00:05:12,853
-Jo, come on in.
-Thank you, sir.
9
00:05:13,021 --> 00:05:15,398
Captain West,
This is Lt. Commander Galloway.
10
00:05:15,565 --> 00:05:17,858
-You know Commander Lawrence?
-Yes, sir.
11
00:05:18,026 --> 00:05:21,112
-I appreciate you seeing me.
-Would you like to sit down?
12
00:05:21,405 --> 00:05:23,739
-I'm fine, sir.
-Have a seat.
13
00:05:25,409 --> 00:05:30,246
-We've had some trouble in Cuba?
-Yes, sir. This past Friday.
14
00:05:30,414 --> 00:05:34,917
Two Marines, a Lance Corporal Dawson
And a Private Downey...
15
00:05:35,085 --> 00:05:39,088
...entered the barracks room of a PFC
William Santiago and assaulted him.
16
00:05:39,381 --> 00:05:42,758
Santiago died at the base hospital
Approximately an hour later.
17
00:05:43,010 --> 00:05:46,387
The NIS agent who took Dawson
and Downey's statements...
18
00:05:46,555 --> 00:05:48,806
...maintains they were trying
to stop Santiago...
19
00:05:48,974 --> 00:05:51,642
...from naming Dawson
in a fenceline shooting incident.
20
00:05:51,810 --> 00:05:56,772
-The hearing's in Cuba at 16:00.
-What's the problem?
21
00:05:56,940 --> 00:05:59,442
Dawson and Downey are
recruiting-poster Marines.
22
00:05:59,609 --> 00:06:01,902
Santiago was known to be a screw-up.
23
00:06:02,070 --> 00:06:04,739
I was thinking it sounded
like a Code Red.
24
00:06:05,782 --> 00:06:07,116
Christ!
25
00:06:07,284 --> 00:06:10,870
Sir, I'd like to have them moved up
to Washington and assigned counsel.
26
00:06:11,038 --> 00:06:13,122
Someone who can really look into this.
27
00:06:13,290 --> 00:06:15,624
Someone who possesses
not only the legal skill...
28
00:06:15,834 --> 00:06:18,627
...but a familiarity with
the workings of the military.
29
00:06:18,795 --> 00:06:23,424
In short, I'd like to suggest that
I be the one who that--
30
00:06:23,592 --> 00:06:28,679
That it be me who is assigned
to represent them, myself.
31
00:06:30,599 --> 00:06:35,144
-Why don't you get a cup of coffee?
-Thank you, sir, I'm fine.
32
00:06:35,312 --> 00:06:38,439
Leave the room, so we can
talk about you behind your back.
33
00:06:39,107 --> 00:06:41,067
Certainly, sir.
34
00:06:47,491 --> 00:06:50,159
I thought this Code Red shit wasn't
going on anymore.
35
00:06:50,327 --> 00:06:53,454
With the Marines at Gitmo, who
knows what the hell goes on there?
36
00:06:53,622 --> 00:06:57,458
We'd better find out before
the rest of the world does.
37
00:06:57,667 --> 00:07:00,169
What about this
Commander Galloway?
38
00:07:00,337 --> 00:07:05,466
She's been working a desk at
Internal Affairs for a little over a year.
39
00:07:05,717 --> 00:07:08,469
-Before that?
-Disposed of three cases in two years.
40
00:07:08,678 --> 00:07:11,347
Three in two years?
Who's she handling, the Rosenberg’s?
41
00:07:11,515 --> 00:07:14,016
-She's not a litigator.
-She's a hell of an investigator--
42
00:07:14,184 --> 00:07:18,687
In Internal Affairs, sure. She can
crawl up a lawyer's ass with the best.
43
00:07:18,855 --> 00:07:22,858
I know, I know, all passion,
no street smarts. Bring her back in.
44
00:07:28,532 --> 00:07:29,740
Jo.
45
00:07:34,121 --> 00:07:37,498
-We'll have the defendants moved here.
-Thank you, sir.
46
00:07:37,707 --> 00:07:40,126
And I'll have Division
assign them counsel.
47
00:07:41,211 --> 00:07:43,921
But, not me?
48
00:07:44,131 --> 00:07:47,508
From what I understand,
you're much too valuable...
49
00:07:47,676 --> 00:07:52,138
...to be wasted on a five-minute
plea bargain and a week's paperwork.
50
00:07:52,305 --> 00:07:55,683
-Sir, there might be more involved.
-Don't worry about it.
51
00:07:55,892 --> 00:07:58,811
Division will assign the right man
for the job.
52
00:07:58,979 --> 00:08:01,230
All right, let's go, let's get two!
53
00:08:02,816 --> 00:08:03,816
Sorry.
54
00:08:03,984 --> 00:08:07,236
Nothing to be sorry about, Sherby.
Look the ball into your glove.
55
00:08:07,654 --> 00:08:11,490
-Shooting two.
-Sorry.
56
00:08:11,700 --> 00:08:16,412
Trust me. Keep your eyes open, your
chances of catching increase by 10.
57
00:08:16,580 --> 00:08:18,247
-Kaffee.
-Let's try it again.
58
00:08:18,415 --> 00:08:21,417
-Kaffee!
-Dave, you seem distraught.
59
00:08:21,585 --> 00:08:23,711
We were supposed to meet
15 minutes ago.
60
00:08:23,879 --> 00:08:25,754
You're stalling on the McDermott case.
61
00:08:25,922 --> 00:08:30,718
We either get it done now,
or I'll hang him from a fucking yardarm!
62
00:08:30,886 --> 00:08:34,763
Do we still hang people?
from yardarms?
63
00:08:34,931 --> 00:08:36,098
I don't think so.
64
00:08:36,558 --> 00:08:39,685
Sherby doesn't think
we do that anymore.
65
00:08:39,853 --> 00:08:43,105
I'll charge him with possession
and being under the influence on duty.
66
00:08:43,273 --> 00:08:47,443
You plead guilty,
I'll recommend 30 days in the brig.
67
00:08:47,611 --> 00:08:52,406
-It was 10 dollars' worth of oregano.
-Your client thought it was marijuana.
68
00:08:52,574 --> 00:08:55,201
My client's a moron. That's not illegal.
69
00:08:55,368 --> 00:08:58,621
I got people to answer to.
I'm gonna charge him.
70
00:08:58,830 --> 00:09:00,956
With possession of a condiment?
71
00:09:01,958 --> 00:09:06,253
I tried to help, but if you ask for
jail time, I'll file a motion to dismiss.
72
00:09:06,421 --> 00:09:08,297
-You won't get it.
-I will get it.
73
00:09:08,465 --> 00:09:13,010
If not, I'll file a motion seeking to obtain
an evidentiary ruling in advance...
74
00:09:13,303 --> 00:09:15,763
...then I'll file against
pre-trial confinement.
75
00:09:15,972 --> 00:09:18,307
You'll get three months' paperwork...
76
00:09:18,475 --> 00:09:21,977
...because a signalman bought
and smoked a dime bag of oregano.
77
00:09:22,312 --> 00:09:24,480
Let's go! Let's get two!
78
00:09:25,649 --> 00:09:30,402
-Twenty days in the brig.
-Fifteen days' restricted duty.
79
00:09:31,988 --> 00:09:36,242
-I don't know why I'm agreeing.
-You have wisdom beyond your years.
80
00:09:40,288 --> 00:09:43,457
-Good morning.
-Good morning, captain.
81
00:09:43,625 --> 00:09:45,167
How's the baby, Sam?
82
00:09:45,335 --> 00:09:50,047
-She'll say her first word any day now.
-How can you tell?
83
00:09:50,257 --> 00:09:53,842
She just looks like
she has something to say.
84
00:09:54,636 --> 00:09:56,512
Excuse me, sorry I'm late.
85
00:09:56,680 --> 00:10:00,683
You don't have a good excuse,
so I won't force you to tell a bad one.
86
00:10:00,850 --> 00:10:05,062
-Thank you, sir.
-This first one's for you.
87
00:10:05,272 --> 00:10:09,149
You're moving up in the world.
You've been requested by Division.
88
00:10:10,402 --> 00:10:14,405
-Requested to do what?
-Guantánamo Bay, Cuba.
89
00:10:14,572 --> 00:10:17,366
A Marine Corporal named Dawson
illegally fires a round...
90
00:10:17,534 --> 00:10:21,412
...from his weapon,
over the fenceline and into Cuba.
91
00:10:21,705 --> 00:10:23,455
-What's a fenceline?
-Sam.
92
00:10:23,873 --> 00:10:27,710
A big wall separating
the good guys from the bad guys.
93
00:10:27,877 --> 00:10:29,211
Teacher's pet.
94
00:10:29,379 --> 00:10:32,298
PFC Santiago threatens
to rat on Dawson...
95
00:10:32,465 --> 00:10:34,508
...to the Naval Investigative Service.
96
00:10:34,676 --> 00:10:38,387
Dawson and another member
of his squad, PFC Louden Downey...
97
00:10:38,555 --> 00:10:41,724
...go into Santiago's room,
tie him up...
98
00:10:41,891 --> 00:10:44,184
...stuff a rag down his throat...
99
00:10:44,352 --> 00:10:46,228
...and an hour later, he's dead.
100
00:10:46,396 --> 00:10:50,149
Attending physician says the rag
was treated with some kind of toxin.
101
00:10:50,317 --> 00:10:52,901
-They poisoned the rag?
-Not according to them.
102
00:10:53,069 --> 00:10:55,404
-What do they say?
-Not much.
103
00:10:55,697 --> 00:10:58,407
They're being flown up tomorrow.
On Wednesday at 06:00...
104
00:10:58,575 --> 00:11:02,578
...you'll catch a transport down
to Cuba to find out what you can.
105
00:11:02,746 --> 00:11:06,874
Meantime, go and see
Lt. Commander Joanne Galloway...
106
00:11:07,792 --> 00:11:09,543
...with Internal Affairs.
107
00:11:09,753 --> 00:11:12,254
-Any questions?
-The flight to Cuba...
108
00:11:12,422 --> 00:11:15,257
...was that 06:00 in the morning, sir?
109
00:11:16,468 --> 00:11:21,263
It's important this one go by the book,
so I'm assigning co-counsel.
110
00:11:21,431 --> 00:11:22,890
Any volunteers?
111
00:11:24,100 --> 00:11:25,434
-No.
-Sam....
112
00:11:25,602 --> 00:11:28,854
-Sir, I got a stack of papers--
-Work with Kaffee on this.
113
00:11:29,022 --> 00:11:31,857
Doing what?
He'll have this done in four days.
114
00:11:32,025 --> 00:11:37,196
Doing various administrative things.
Backup. Whatever.
115
00:11:37,364 --> 00:11:39,907
In other words,
I have no responsibilities?
116
00:11:40,075 --> 00:11:41,200
Right.
117
00:11:41,368 --> 00:11:43,494
My kind of case.
118
00:11:44,788 --> 00:11:49,249
Right. Right. Okay, but I gotta have
that report by Wednesday.
119
00:11:55,673 --> 00:11:58,300
-Hi.
-Hold on. Hi.
120
00:11:58,468 --> 00:12:02,638
Daniel Kaffee. I was told to meet with...
121
00:12:08,311 --> 00:12:11,105
...Lieutenant Commander Galloway.
122
00:12:13,483 --> 00:12:17,611
-About a briefing.
-I'll call you back.
123
00:12:19,531 --> 00:12:21,281
You're the attorney
Division assigned?
124
00:12:22,200 --> 00:12:24,201
I'm lead counsel,
this is Sam Weinberg.
125
00:12:24,411 --> 00:12:28,622
-I have no responsibilities whatsoever.
-Come in. Have a seat.
126
00:12:39,175 --> 00:12:44,805
-How long have you been in the Navy?
-Going on nine months now.
127
00:12:45,557 --> 00:12:48,517
And how long have you been
out of law school?
128
00:12:48,685 --> 00:12:50,144
Little over a year.
129
00:12:50,311 --> 00:12:53,939
-I see.
-Have I done something wrong?
130
00:12:54,107 --> 00:12:59,445
No. But when I asked for counsel,
I was hoping to be taken seriously.
131
00:13:00,029 --> 00:13:02,197
No offense taken,
in case you were wondering.
132
00:13:02,365 --> 00:13:06,368
Lieutenant Kaffee is considered
the best litigator in our office.
133
00:13:06,536 --> 00:13:09,872
He successfully plea-bargained
44 cases in nine months.
134
00:13:10,039 --> 00:13:13,834
-One more, I get a set of steak knives.
-Have you ever been in court?
135
00:13:14,002 --> 00:13:16,503
-I once had my license suspended....
-Danny.
136
00:13:16,671 --> 00:13:20,716
If this thing goes to court, they won't
need a lawyer, they'll need a priest.
137
00:13:21,342 --> 00:13:24,386
No, they'll need a lawyer.
138
00:13:24,554 --> 00:13:30,017
Dawson's family's been contacted.
Downey's closest relative is his aunt.
139
00:13:30,185 --> 00:13:32,978
She hasn't been contacted yet,
would you like me to do that?
140
00:13:33,146 --> 00:13:34,563
Sure, if you feel like it.
141
00:13:36,399 --> 00:13:40,402
One of the people you'll be seeing
is the barracks CO, Colonel Jessep.
142
00:13:40,570 --> 00:13:42,613
I assume you've heard of him.
143
00:13:42,780 --> 00:13:45,199
Who hasn't?
144
00:13:45,366 --> 00:13:46,909
He's been in the papers lately.
145
00:13:47,076 --> 00:13:48,994
He's expected to be
director of operations...
146
00:13:49,162 --> 00:13:50,704
...of the National Security Council.
147
00:13:50,872 --> 00:13:54,416
-Really?
-Here are Santiago's letters from Gitmo.
148
00:13:54,584 --> 00:13:57,252
-That's Guantánamo Bay.
-I knew that one.
149
00:13:57,420 --> 00:13:58,921
He wrote the fleet commander,
HQ Atlantic...
150
00:13:59,088 --> 00:14:02,090
...the Marine commandant,
even his senator.
151
00:14:02,258 --> 00:14:05,552
He wanted to be transferred.
No one was listening. Are you with me?
152
00:14:05,720 --> 00:14:07,262
Yeah.
153
00:14:08,723 --> 00:14:10,933
Finally he wrote the
Naval Investigative Service...
154
00:14:11,100 --> 00:14:16,563
...where he offered to trade information
about Dawson's shooting for a transfer.
155
00:14:17,232 --> 00:14:19,274
Right. Is that all?
156
00:14:19,442 --> 00:14:23,779
This letter makes it look like your client
had a motive to kill Santiago.
157
00:14:23,947 --> 00:14:28,784
-Got you. And Santiago is who?
-The victim.
158
00:14:28,952 --> 00:14:30,285
Write that down.
159
00:14:30,453 --> 00:14:34,456
These letters don't paint a flattering
picture of Marine Corps life at Gitmo?
160
00:14:34,624 --> 00:14:35,958
-Yes, amon--
-And am I right...
161
00:14:36,125 --> 00:14:39,878
...that a protracted investigation might
embarrass the Security Council guy?
162
00:14:40,046 --> 00:14:42,673
-Colonel Jessep--
-Twelve years.
163
00:14:42,840 --> 00:14:43,966
I'm sorry?
164
00:14:44,133 --> 00:14:48,053
I'll get them to drop “conspiracy” and
“conduct unbecoming.” Twelve years.
165
00:14:48,680 --> 00:14:51,723
You haven't talked to a witness
or looked at a piece of paper.
166
00:14:52,141 --> 00:14:53,892
Pretty impressive, huh?
167
00:14:54,060 --> 00:14:55,644
You'll have to go deeper than that.
168
00:14:55,812 --> 00:14:58,480
Do you have some jurisdiction here
I should know about?
169
00:14:58,648 --> 00:15:01,275
My job is to make sure
that you do your job.
170
00:15:01,442 --> 00:15:06,822
I'm special counsel for Internal Affairs.
So my jurisdiction's in your face.
171
00:15:09,075 --> 00:15:12,077
Read the letters. I'll expect
a report when you return from Cuba.
172
00:15:12,620 --> 00:15:14,830
-Sure.
-You're dismissed!
173
00:15:17,041 --> 00:15:19,418
I always forget that part.
174
00:15:21,337 --> 00:15:23,714
He's a little preoccupied.
175
00:15:23,881 --> 00:15:26,842
Team's playing Bethesda Medical
next week.
176
00:15:27,010 --> 00:15:31,597
Tell your friend not to get cute.
Guantánamo Marines are fanatical.
177
00:15:31,764 --> 00:15:35,350
-About what?
-About being Marines.
178
00:15:35,518 --> 00:15:39,313
Dear sir, my name is
PFC William T. Santiago.
179
00:15:39,480 --> 00:15:41,523
I'm a Marine stationed
at Marine barracks...
180
00:15:41,691 --> 00:15:45,152
...Rifle Security Company Windward,
2nd Platoon Bravo.
181
00:15:45,320 --> 00:15:48,822
l am writing to inform you
of my problems here in Cuba...
182
00:15:48,990 --> 00:15:50,574
...and to ask for your help.
183
00:15:50,742 --> 00:15:56,038
I've fallen out of runs before,
because of dizziness or nausea.
184
00:15:56,205 --> 00:15:59,791
But on May 18th, I'd fallen back about
20 yards...
185
00:15:59,959 --> 00:16:02,502
...going down a rocky, unstable hill.
186
00:16:02,670 --> 00:16:05,422
My sergeant grabbed me
and pushed me down the hill...
187
00:16:05,590 --> 00:16:09,426
...then I saw all black and the last thing
I remember is hitting the deck.
188
00:16:09,636 --> 00:16:12,846
I was brought to the hospital.
They said it was heat exhaustion.
189
00:16:13,014 --> 00:16:18,101
I ask you to help me.
Please, l need a transfer out of RSC.
190
00:16:18,269 --> 00:16:22,689
Sincerely, PFC William T. Santiago,
U.S. Marine Corps.
191
00:16:22,857 --> 00:16:26,860
P.S. In exchange for my transfer,
I'm willing to provide you....
192
00:16:27,028 --> 00:16:32,074
“--with information about an illegal
fenceline shooting on August 2nd.”
193
00:16:33,076 --> 00:16:37,371
Who the fuck is
PFC William T. Santiago?
194
00:16:37,580 --> 00:16:40,582
Private Santiago's a member
of 2nd Platoon Bravo, sir.
195
00:16:40,750 --> 00:16:44,920
Yeah. Apparently he's not very happy
down here at Shangri-la...
196
00:16:45,088 --> 00:16:49,925
...because he's written everybody
but Santa Claus, asking for a transfer.
197
00:16:50,093 --> 00:16:55,597
Now he's telling tales about
a fenceline shooting. Matthew?
198
00:16:56,057 --> 00:17:01,478
-I'm appalled, sir.
-You're appalled.
199
00:17:02,563 --> 00:17:05,941
This kid broke the chain of command
and ratted on a member of his unit...
200
00:17:06,109 --> 00:17:09,319
...to say nothing of the fact
that he's a U.S. Marine...
201
00:17:09,487 --> 00:17:14,616
...and it would appear he can't run
from here to there without collapsing.
202
00:17:14,784 --> 00:17:17,953
What the fuck is going on
in Bravo company, Matthew?
203
00:17:18,121 --> 00:17:21,039
Colonel, I think it would be better
to discuss it in private.
204
00:17:21,207 --> 00:17:25,252
That won't be necessary.
I can handle this situation, sir.
205
00:17:25,420 --> 00:17:27,754
-Like you handled Curtis Bell?
-Sir, your methods--
206
00:17:27,922 --> 00:17:30,590
Don't interrupt me, lieutenant,
I'm your superior!
207
00:17:30,758 --> 00:17:32,634
And I'm yours, Matthew.
208
00:17:34,637 --> 00:17:37,889
I wanna know what
we're going to do about this.
209
00:17:38,057 --> 00:17:40,892
I think Santiago should be
transferred immediately.
210
00:17:41,060 --> 00:17:42,644
He's that bad?
211
00:17:42,812 --> 00:17:46,815
And word of this letter will get out,
and he'll get his ass whipped.
212
00:17:48,609 --> 00:17:52,779
Transfer Santiago? Yes.
213
00:17:52,947 --> 00:17:57,075
Sure, you're right.
I'm sure that's the thing to do.
214
00:17:58,828 --> 00:18:02,831
Wait. Wait, I've got a better idea.
215
00:18:02,999 --> 00:18:06,793
Let's transfer the whole squad
off the base. Let's....
216
00:18:06,961 --> 00:18:09,004
On second thought, Windward.
217
00:18:09,172 --> 00:18:13,300
Let's transfer the whole
Windward division off the base.
218
00:18:13,468 --> 00:18:18,722
Jon, go get those boys off the fence.
They're packing their bags.
219
00:18:18,890 --> 00:18:21,433
-Tom!
-Sir?
220
00:18:21,601 --> 00:18:23,477
Get me the president on the phone.
221
00:18:23,644 --> 00:18:26,271
We're surrendering our position
in Cuba.
222
00:18:26,439 --> 00:18:28,774
-Yes, sir.
-Wait a minute, Tom.
223
00:18:28,941 --> 00:18:34,696
Don't get the president yet. Maybe we
should consider this for a second.
224
00:18:34,864 --> 00:18:36,823
-Dismissed, Tom.
-Yes, sir.
225
00:18:38,201 --> 00:18:41,870
Maybe-- And I'm just spit-balling here.
226
00:18:42,038 --> 00:18:46,875
Maybe we have a responsibility
as officers to train Santiago.
227
00:18:47,084 --> 00:18:51,338
Maybe we, as officers,
have a responsibility to this country...
228
00:18:51,506 --> 00:18:54,925
...to see that the men and women
charged with its security...
229
00:18:55,092 --> 00:18:56,885
...are trained professionals.
230
00:18:57,053 --> 00:19:00,722
Yes, I'm certain that I read that
somewhere once.
231
00:19:00,890 --> 00:19:03,475
And now I'm thinking,
Colonel Markinson...
232
00:19:03,643 --> 00:19:07,729
...that your suggestion
of transferring Santiago...
233
00:19:07,897 --> 00:19:11,107
...while expeditious
and certainly painless...
234
00:19:11,317 --> 00:19:16,613
...might not be, in a manner
of speaking, the American way.
235
00:19:16,823 --> 00:19:21,076
Santiago stays where he is.
236
00:19:21,244 --> 00:19:26,456
We're gonna train the lad.
Jon, you're in charge.
237
00:19:26,624 --> 00:19:33,421
Santiago doesn't make 4.6, 4.6
on his next proficiency report...
238
00:19:33,589 --> 00:19:35,924
...I'm going to blame you.
239
00:19:36,092 --> 00:19:38,552
-Then I'm going to kill you.
-Yes, sir.
240
00:19:38,928 --> 00:19:41,221
I think that's a mistake, colonel.
241
00:19:42,765 --> 00:19:46,935
Matthew, I think I will have
that word in private with you now.
242
00:19:47,103 --> 00:19:50,772
Jon, that's all. Why don't we meet
at the “O” Club and have lunch...
243
00:19:50,940 --> 00:19:53,650
...and we'll talk about the training
of young William.
244
00:19:53,860 --> 00:19:56,528
I'd be delighted to hear
your suggestions.
245
00:19:56,696 --> 00:19:58,405
Dismissed.
246
00:20:02,243 --> 00:20:05,287
Matthew, sit down. Please.
247
00:20:10,793 --> 00:20:14,963
-What do you think of Kendrick?
-I don't think my opinion of Kendrick--
248
00:20:15,131 --> 00:20:18,300
I think he's pretty much
of a weasel myself.
249
00:20:18,467 --> 00:20:20,260
But he's an awfully good officer...
250
00:20:20,428 --> 00:20:24,764
...and in the end, we see eye to eye
on the best way to run a Marine unit.
251
00:20:24,974 --> 00:20:28,310
We're in the business
of saving lives, Matthew.
252
00:20:28,477 --> 00:20:32,147
That is a responsibility
that we have to take pretty seriously.
253
00:20:32,315 --> 00:20:36,526
And I believe that taking a Marine
who is not up to the job...
254
00:20:36,694 --> 00:20:41,156
...and shipping him off to another
assignment puts lives in danger.
255
00:20:41,991 --> 00:20:44,159
Sit down, Matthew.
256
00:20:53,794 --> 00:20:55,921
We go back a while.
257
00:20:56,088 --> 00:20:58,214
We went to the Academy together...
258
00:20:58,382 --> 00:21:01,843
...were commissioned together,
did our tours in Vietnam together.
259
00:21:02,428 --> 00:21:07,974
But I've been promoted with
greater speed and success than you.
260
00:21:08,142 --> 00:21:12,145
Now, if that's a source of tension
or embarrassment for you...
261
00:21:12,313 --> 00:21:14,189
...I don't give a shit.
262
00:21:14,357 --> 00:21:19,569
We're in the business of saving lives,
Lieutenant Colonel Markinson.
263
00:21:19,737 --> 00:21:23,615
Don't ever question my orders
in front of another officer.
264
00:21:43,594 --> 00:21:48,890
All the paperwork's in order.
Step over there.
265
00:21:52,770 --> 00:21:56,815
-Hal, is this Washington D.C.?
-All right, let's move.
266
00:21:56,983 --> 00:21:58,775
Yes, sir.
267
00:22:05,992 --> 00:22:07,450
Got all of that one.
268
00:22:07,618 --> 00:22:12,205
Excuse me. I wanted to talk to you
about Dawson and Downey.
269
00:22:12,373 --> 00:22:16,126
-Say again?
-Dawson and Downey.
270
00:22:16,293 --> 00:22:18,169
The names seem familiar, but....
271
00:22:18,421 --> 00:22:21,047
Dawson. Downey. Your clients?
272
00:22:21,215 --> 00:22:24,426
The Cuba thing! Yes!
Oh, Dawson and Downey. Right.
273
00:22:27,263 --> 00:22:29,681
I've done something wrong again,
haven't I?
274
00:22:29,849 --> 00:22:34,602
I was wondering why they're locked up
while their lawyer's out hitting a ball.
275
00:22:36,772 --> 00:22:39,941
-We need the practice.
-That wasn't funny.
276
00:22:40,693 --> 00:22:42,068
It was a little funny.
277
00:22:42,236 --> 00:22:47,490
Lieutenant, would you be very insulted
if I recommended different counsel?
278
00:22:47,658 --> 00:22:50,952
-Why?
-I don't think you're fit to handle it.
279
00:22:51,579 --> 00:22:57,459
You don't even know me. Ordinarily
it takes someone hours to find that out.
280
00:22:59,670 --> 00:23:02,589
Oh, come on. That was damn funny.
281
00:23:05,593 --> 00:23:09,846
You're wrong. I do know you.
282
00:23:10,056 --> 00:23:13,475
Daniel Alistair Kaffee,
born June 8th, 1964...
283
00:23:13,642 --> 00:23:15,602
...at Boston Mercy Hospital.
284
00:23:15,770 --> 00:23:20,523
Your father's Lionel Kaffee,
former Attorney General of the U.S...
285
00:23:20,691 --> 00:23:22,317
...died 1985.
286
00:23:22,568 --> 00:23:25,320
You went to Harvard Law,
then joined the Navy...
287
00:23:25,488 --> 00:23:27,989
...probably because that's
what your father wanted.
288
00:23:28,157 --> 00:23:31,785
Now you're just treading water
for the three years in the JAG corps...
289
00:23:31,952 --> 00:23:34,954
...just laying low till you can
get out and get a real job.
290
00:23:35,122 --> 00:23:38,583
If that's the situation,
that's fine, I won't tell anyone.
291
00:23:38,751 --> 00:23:43,713
But if this case is handled in the same
fast-food, slick-assed manner...
292
00:23:43,881 --> 00:23:45,799
...with which you handle
everything else...
293
00:23:45,966 --> 00:23:47,550
...then something's
gonna get missed.
294
00:23:47,718 --> 00:23:52,889
And I wouldn't be doing my job if I let
Dawson and Downey to sit in prison...
295
00:23:53,099 --> 00:23:57,519
...because their attorney predetermined
the path of least resistance.
296
00:24:01,398 --> 00:24:04,025
I'm sexually aroused, commander.
297
00:24:04,693 --> 00:24:06,945
I don't think your clients
murdered anyone.
298
00:24:07,113 --> 00:24:10,365
-What are you basing this on?
-There was no intent.
299
00:24:10,533 --> 00:24:13,243
Doctor's report says Santiago died
of asphyxiation...
300
00:24:13,410 --> 00:24:15,078
...from acute lactic acidosis...
301
00:24:15,246 --> 00:24:18,915
...and the nature of the acidosis
strongly suggests poisoning.
302
00:24:19,083 --> 00:24:21,960
Now, I don't know what that means,
but it sounds bad.
303
00:24:22,128 --> 00:24:26,673
Santiago died at 1 a.m.
At 3, the doctor didn't know the reason.
304
00:24:26,841 --> 00:24:29,050
Two hours later, he said it was poison.
305
00:24:29,218 --> 00:24:31,553
Oh, now I see what you're saying.
306
00:24:31,720 --> 00:24:35,056
It had to be Professor Plum,
in the library, with the candlestick.
307
00:24:35,224 --> 00:24:37,559
I'm gonna talk to your supervisor.
308
00:24:37,726 --> 00:24:42,397
Go straight up Pennsylvania Avenue.
It's the big white house with the pillars.
309
00:24:42,982 --> 00:24:45,316
-Thank you.
-I don't think you'll have much luck.
310
00:24:45,484 --> 00:24:50,238
I was assigned by Division.
Somebody thinks I'm a good lawyer.
311
00:24:50,406 --> 00:24:56,411
So, while I appreciate your interest and
enthusiasm, I think I can handle things.
312
00:24:56,579 --> 00:24:58,580
You know what a Code Red is?
313
00:25:02,751 --> 00:25:04,586
What a pity.
314
00:25:15,014 --> 00:25:17,098
-Morning, sir.
-Morning.
315
00:25:18,100 --> 00:25:20,310
Officer on deck, ten-hut!
316
00:25:20,477 --> 00:25:22,312
Lance Corporal Harold Dawson, sir!
317
00:25:22,479 --> 00:25:25,064
Rifle Security Company Windward!
Second Platoon Bravo!
318
00:25:25,232 --> 00:25:27,692
You haven't been working
and playing well with others.
319
00:25:27,860 --> 00:25:29,777
Sir! Yes, sir!
320
00:25:31,572 --> 00:25:35,158
Sir! PFC Louden Downey, sir!
321
00:25:35,326 --> 00:25:39,120
I'm Daniel Kaffee,
this is Sam Weinberg. Sit down.
322
00:25:46,503 --> 00:25:49,047
-Is this your signature?
-Yes, sir.
323
00:25:49,215 --> 00:25:51,132
Don't have to call me sir.
Is this yours?
324
00:25:51,300 --> 00:25:55,470
-Sir, yes, sir!
-Certainly don't need to say it twice.
325
00:25:55,638 --> 00:25:58,932
-What's a Code Red?
-It's a disciplinary engagement.
326
00:25:59,099 --> 00:26:00,475
What's that mean exactly?
327
00:26:00,643 --> 00:26:04,437
A Marine falls out of line,
it's up to his unit to get him on track.
328
00:26:04,730 --> 00:26:07,982
-What's a garden-variety Code Red?
-Sir?
329
00:26:08,150 --> 00:26:14,489
Harold, You say “sir” and I look for
my father. Danny, Daniel Kaffee.
330
00:26:14,657 --> 00:26:17,784
Garden-variety. Typical.
What's a basic Code Red?
331
00:26:17,952 --> 00:26:23,164
A Marine refuses to bathe,
the men give him a GI shower.
332
00:26:23,332 --> 00:26:27,085
-What's that?
-Scrub brushes, steel wool.
333
00:26:27,253 --> 00:26:28,503
Beautiful.
334
00:26:28,671 --> 00:26:31,089
Was the attack on Santiago
a Code Red?
335
00:26:31,632 --> 00:26:32,840
Yes, sir.
336
00:26:38,264 --> 00:26:41,266
Does he ever talk?
337
00:26:41,433 --> 00:26:46,271
Sir, PFC Downey will answer
any direct questions you ask him.
338
00:26:48,148 --> 00:26:51,859
Private Downey, the rag you put
in his mouth, was there poison on it?
339
00:26:52,027 --> 00:26:55,238
-No, sir.
-Silver polish, turpentine, antifreeze?
340
00:26:55,406 --> 00:26:57,657
No, sir. We were just
gonna shave his head.
341
00:26:57,825 --> 00:27:00,243
When, all of the sudden....
342
00:27:00,869 --> 00:27:03,830
We saw blood
dripping down his mouth.
343
00:27:03,998 --> 00:27:07,375
We pulled the tape off and there was
blood all down his face, sir.
344
00:27:07,543 --> 00:27:10,586
That's when Lance Corporal Dawson
called the ambulance.
345
00:27:10,796 --> 00:27:15,550
-Did anyone see you call it?
-No, sir.
346
00:27:18,220 --> 00:27:22,265
-Were you there when it arrived?
-Yes, that's when we were arrested.
347
00:27:22,433 --> 00:27:28,479
On August 2nd, did you fire a shot
across the fenceline, into Cuba?
348
00:27:29,273 --> 00:27:30,481
-Yes, sir.
-Why?
349
00:27:30,649 --> 00:27:33,359
-My mirror engaged, sir.
-His “mirror”?
350
00:27:33,527 --> 00:27:37,280
For every American sentry, there's
a Cuban counterpart. Called “mirrors.”
351
00:27:37,448 --> 00:27:40,825
Lance corporal claims his mirror
was about to fire at him.
352
00:27:40,993 --> 00:27:46,039
Santiago's letter to the NIS
said you fired illegally.
353
00:27:46,206 --> 00:27:51,586
He's saying the guy, the mirror,
he never made a move.
354
00:27:55,382 --> 00:28:00,595
Oh, Harold?
You see what I'm getting at?
355
00:28:00,763 --> 00:28:02,597
If Santiago didn't have
anything on you...
356
00:28:02,765 --> 00:28:04,265
...why did you give him
a Code Red?
357
00:28:04,433 --> 00:28:07,602
-He broke the chain of command, sir.
-He what?
358
00:28:07,770 --> 00:28:09,729
He went outside of his unit.
359
00:28:09,897 --> 00:28:14,233
If he had a problem, he should have
spoken to me, then his sergeant, then--
360
00:28:14,401 --> 00:28:17,904
All right, all right. Did you
assault Santiago with intent to kill?
361
00:28:18,072 --> 00:28:19,614
-No, sir.
-What was your intent?
362
00:28:19,782 --> 00:28:22,408
-To train him, sir.
-Train him to do what?
363
00:28:22,743 --> 00:28:27,038
To think of his unit before himself.
To respect the code.
364
00:28:27,206 --> 00:28:30,958
-What's the code?
-Unit, Corps, God, country!
365
00:28:31,293 --> 00:28:37,256
-I beg your pardon?
-Unit, Corps, God, country, sir.
366
00:28:53,440 --> 00:28:59,487
The government of the United States
wants to charge you two with murder.
367
00:28:59,655 --> 00:29:05,076
And you want me to tell the prosecutor,
“unit, Corps, God, country”?
368
00:29:05,244 --> 00:29:07,161
That's our code, sir.
369
00:29:11,166 --> 00:29:13,000
-That's your code.
-That's your code.
370
00:29:13,168 --> 00:29:15,711
We'll be back.
371
00:29:15,921 --> 00:29:19,632
You need anything? Books? Papers?
Cigarettes? Ham sandwich?
372
00:29:19,800 --> 00:29:21,926
Sir! No, thank you, sir!
373
00:29:22,386 --> 00:29:25,805
Harold, there's a concept
you'd better start warming up to.
374
00:29:25,973 --> 00:29:29,809
-Sir?
-I'm the only friend you've got.
375
00:29:43,449 --> 00:29:46,200
-Dan Kaffee.
-Smiling Jack Ross.
376
00:29:46,368 --> 00:29:48,536
-Welcome to the big time.
-You think so?
377
00:29:48,704 --> 00:29:52,457
Let's hope you practice law
better than you play softball.
378
00:29:52,624 --> 00:29:55,877
Unfortunately, I don't do anything
better than I play softball.
379
00:29:56,044 --> 00:29:58,880
I'm out of here, Jannelle!
See you when I get back from Cuba.
380
00:29:59,047 --> 00:30:02,300
-Say hi to Castro for me.
-Will do. What're we looking at?
381
00:30:02,468 --> 00:30:05,553
They plead guilty, we drop “conspiracy”
and “conduct unbecoming”...
382
00:30:05,721 --> 00:30:07,388
...20 years, they're home in half.
383
00:30:07,556 --> 00:30:13,561
-Twelve. They called the ambulance.
-I don't care. They killed a Marine.
384
00:30:13,729 --> 00:30:17,857
The rag was tested for poison.
The autopsy says maybe, maybe not.
385
00:30:18,025 --> 00:30:22,403
The Chief of Internal Medicine
at Guantánamo says he's sure.
386
00:30:22,571 --> 00:30:27,617
-What do you know about Code Reds?
-Oh, man....
387
00:30:28,410 --> 00:30:32,246
-Are we off the record?
-You tell me.
388
00:30:32,414 --> 00:30:34,248
I'm gonna give you the 12 years.
389
00:30:34,416 --> 00:30:37,251
But before you get into trouble
tomorrow, you should know...
390
00:30:37,419 --> 00:30:41,047
...the platoon commander, Kendrick,
held a meeting with the men...
391
00:30:41,215 --> 00:30:45,551
...and specifically told them
not to touch Santiago.
392
00:30:47,721 --> 00:30:50,598
-We still playing hoops tomorrow?
-Do we have a deal?
393
00:30:51,600 --> 00:30:53,392
I'll talk to you when I get back.
394
00:30:56,813 --> 00:30:58,105
Hi there.
395
00:30:58,273 --> 00:30:59,982
Any luck getting me replaced?
396
00:31:00,150 --> 00:31:03,444
Is there anyone in this command
you don't drink or play softball with?
397
00:31:03,612 --> 00:31:06,447
Listen, I came to make peace.
We got off on the wrong foot.
398
00:31:06,615 --> 00:31:09,075
-What do you say, friends?
-Look, I don't--
399
00:31:09,243 --> 00:31:12,578
I brought Downey some comic books
he was asking for.
400
00:31:12,746 --> 00:31:16,624
The kid, I swear, doesn't even know
why he's been arrested.
401
00:31:16,792 --> 00:31:19,794
-Commander--
-You can call me JoAnne. Or Jo.
402
00:31:19,962 --> 00:31:21,254
-Jo?
-Yes.
403
00:31:21,421 --> 00:31:24,382
Jo, if you speak to a client of mine
again without permission...
404
00:31:24,550 --> 00:31:27,134
...I'll have you disbarred. Friends?
405
00:31:27,302 --> 00:31:30,179
-I had authorization.
-From where?
406
00:31:30,347 --> 00:31:35,518
Downey's closest relative, Ginny Miller,
his aunt on his mother's side.
407
00:31:35,686 --> 00:31:38,145
You got authorization from Aunt Ginny?
408
00:31:38,313 --> 00:31:40,064
I gave her a call, like you asked.
409
00:31:40,232 --> 00:31:42,275
Very nice woman.
We spoke for an hour.
410
00:31:42,442 --> 00:31:45,319
You got authorization from Aunt Ginny.
411
00:31:45,487 --> 00:31:47,697
Perfectly within my province.
412
00:31:47,864 --> 00:31:50,575
Does Aunt Ginny have a barn?
We could hold the trial there.
413
00:31:50,742 --> 00:31:54,996
I can sew the costumes,
Uncle Goober can be the judge.
414
00:31:57,207 --> 00:32:00,501
I'm going to Cuba with you tomorrow.
415
00:32:01,878 --> 00:32:05,339
And the hits just keep on coming.
416
00:32:27,738 --> 00:32:31,198
-How's it going, Luther?
-Another day, another dollar.
417
00:32:31,366 --> 00:32:34,368
-Gotta play them as they lay.
-What goes around comes around.
418
00:32:34,536 --> 00:32:37,788
-Can't beat them, join them.
-At least I got my health.
419
00:32:38,206 --> 00:32:41,626
Well, you got everything.
See you tomorrow, Luther.
420
00:32:41,793 --> 00:32:44,712
Not if I see you first.
421
00:32:46,048 --> 00:32:50,343
You're my witness. The baby spoke.
My daughter said a word.
422
00:32:50,510 --> 00:32:52,887
She made a sound.
I'm not sure it was a word.
423
00:32:53,055 --> 00:32:57,433
-Come on! It was definitely a word.
-Okay.
424
00:32:57,643 --> 00:33:02,730
You heard her.
She pointed and said “Pa.” She did.
425
00:33:02,898 --> 00:33:05,608
-She was pointing at a mailbox.
-That's right.
426
00:33:05,776 --> 00:33:09,445
Pointing as if to say,
“Pa! Look, a mailbox.”
427
00:33:16,411 --> 00:33:20,831
-Jack Ross offered me the 12 years.
-That's what you wanted, right?
428
00:33:20,999 --> 00:33:23,250
I know, and I'll....
429
00:33:23,418 --> 00:33:30,549
-I mean, I guess I'll take it.
-So..?
430
00:33:30,717 --> 00:33:33,761
It took about 45 seconds.
He barely put up a fight.
431
00:33:33,929 --> 00:33:37,765
Danny, take the 12 years, it's a gift.
432
00:33:37,933 --> 00:33:39,767
You don't believe their story, do you?
433
00:33:39,935 --> 00:33:42,103
You think they ought to go
to jail for life.
434
00:33:42,270 --> 00:33:44,146
I believe every word of their story...
435
00:33:44,314 --> 00:33:48,192
...and I think they ought to
go to jail for life.
436
00:33:52,614 --> 00:33:54,782
-See you tomorrow.
-Okay.
437
00:33:54,950 --> 00:33:57,451
Don't forget to wear the whites.
Very hot.
438
00:33:57,619 --> 00:33:59,078
I don't like the whites.
439
00:33:59,287 --> 00:34:02,832
Nobody does, but we're going to Cuba.
You got Dramamine?
440
00:34:02,999 --> 00:34:07,962
-Dramamine keeps you cool?
-No, it keeps you from getting airsick.
441
00:34:08,130 --> 00:34:13,050
I get airsick because I'm afraid
of crashing. Dramamine won't help.
442
00:34:14,094 --> 00:34:16,470
I got some oregano,
I hear that works pretty good.
443
00:34:20,016 --> 00:34:24,186
Ross said the strangest thing to me
right before I left.
444
00:34:24,354 --> 00:34:26,313
He said Lieutenant Kendrick...
445
00:34:26,481 --> 00:34:30,317
...had told the men specifically
not to touch Santiago.
446
00:34:30,736 --> 00:34:36,407
-So?
-I don't even know who Kendrick is.
447
00:34:39,453 --> 00:34:43,164
What the hell. I'll see you tomorrow.
448
00:35:19,201 --> 00:35:25,915
I'm Corporal Barnes, I'm to escort you
to the Windward side of the base.
449
00:35:26,082 --> 00:35:29,543
I got some camouflage jackets,
I suggest you both put them on.
450
00:35:29,711 --> 00:35:31,045
Camouflage jackets?
451
00:35:31,213 --> 00:35:34,381
Yes, sir. We'll be riding
pretty close to the fenceline.
452
00:35:34,549 --> 00:35:40,554
If the Cubans see an officer in white,
they might take a shot.
453
00:35:40,722 --> 00:35:43,349
Good call, Sam.
454
00:35:48,021 --> 00:35:50,564
We'll just hop on the ferry.
We'll be there in no time.
455
00:35:50,732 --> 00:35:54,860
-Hold it. We gotta take a boat?
-Yes, sir, to get across the bay.
456
00:35:55,028 --> 00:35:57,988
-No one said anything about a boat.
-Is there a problem, sir?
457
00:35:58,156 --> 00:36:01,909
No, no problem,
I'm just not that crazy about boats.
458
00:36:02,077 --> 00:36:06,205
Jesus Christ, Kaffee,
you're in the Navy, for crying out loud!
459
00:36:06,373 --> 00:36:09,583
-Nobody likes her very much.
-Yes, sir.
460
00:36:22,931 --> 00:36:26,725
-Nathan Jessep. Come on in.
-Thank you, sir.
461
00:36:26,893 --> 00:36:29,895
Daniel Kaffee, I'm the attorney
for Dawson and Downey.
462
00:36:30,063 --> 00:36:32,106
This is Lt. Commander
JoAnne Galloway.
463
00:36:32,274 --> 00:36:33,440
Pleasure meeting you.
464
00:36:33,608 --> 00:36:37,987
Observing and evaluating.
Lieutenant Weinberg, my assistant.
465
00:36:38,154 --> 00:36:41,949
This is XO, Colonel Markinson,
and Platoon Leader Lt. Kendrick.
466
00:36:42,117 --> 00:36:44,618
I've asked them to join us.
Sit down, please.
467
00:36:44,786 --> 00:36:47,329
-Lieutenant Kaffee.
-Colonel Markinson.
468
00:36:47,497 --> 00:36:49,665
I had the pleasure of meeting
your father once.
469
00:36:49,833 --> 00:36:51,876
I was a teenager.
He spoke at my high school.
470
00:36:52,794 --> 00:36:55,337
-Lionel Kaffee?
-Yes, sir.
471
00:36:55,505 --> 00:36:56,881
Well, what do you know?
472
00:36:57,340 --> 00:37:01,552
Jon, this man's dad once made a lot
of enemies in your neck of the woods.
473
00:37:01,720 --> 00:37:05,431
Jefferson v.
Madison County School District.
474
00:37:05,599 --> 00:37:09,810
Folks down there said a little black girl
couldn't go to an all-white school.
475
00:37:09,978 --> 00:37:13,814
Lionel Kaffee said,
“We'll just see about that.”
476
00:37:14,316 --> 00:37:18,903
-How the hell is your dad, Danny?
-He passed away seven years ago.
477
00:37:20,947 --> 00:37:24,909
-Don't I feel like the fucking asshole.
-Not at all, sir.
478
00:37:26,286 --> 00:37:31,790
-What can we do for you, Danny?
-Not much, sir.
479
00:37:31,958 --> 00:37:36,503
This is really a formality
more than anything else.
480
00:37:36,671 --> 00:37:39,465
JAG Corps insist we interview
all the relevant witnesses.
481
00:37:39,633 --> 00:37:42,676
The JAG Corps can be
demanding that way.
482
00:37:43,470 --> 00:37:48,182
Jon'll show you what you want to see.
After that, we can meet for lunch.
483
00:37:48,350 --> 00:37:50,559
-How does that sound?
-Fine, sir.
484
00:37:59,986 --> 00:38:04,698
You met with the men that afternoon.
What did you guys talk about?
485
00:38:04,866 --> 00:38:06,951
I told them we had
an informer among us...
486
00:38:07,118 --> 00:38:10,079
...and that, despite any desire
they had for retribution...
487
00:38:10,246 --> 00:38:13,874
...Private Santiago was not
to be harmed in any way.
488
00:38:14,042 --> 00:38:17,670
-What time was that meeting?
-1600.
489
00:38:17,837 --> 00:38:19,546
That's 4:00.
490
00:39:11,433 --> 00:39:14,101
We should make sure somebody
gets this to his parents.
491
00:39:14,269 --> 00:39:17,104
-We don't need it anymore.
-Right.
492
00:39:18,606 --> 00:39:22,776
-Lt. Kendrick, may I call you Jon?
-No, you may not.
493
00:39:22,944 --> 00:39:27,197
-Have I done something to offend you?
-No, I like all you Navy boys.
494
00:39:27,365 --> 00:39:31,285
Every time we gotta go fight,
you fellas always give us a ride.
495
00:39:32,871 --> 00:39:36,081
Lieutenant Kendrick,
do you think Santiago was murdered?
496
00:39:36,249 --> 00:39:41,295
I believe in God and Jesus Christ.
Because I do, I can say this:
497
00:39:41,463 --> 00:39:44,965
Private Santiago is dead,
and that is a tragedy.
498
00:39:45,133 --> 00:39:47,176
But he is dead because he had
no code...
499
00:39:47,343 --> 00:39:51,597
...and no honor.
And God was watching.
500
00:39:54,267 --> 00:39:58,145
-How do you feel about that theory?
-Sounds good. Let's move on.
501
00:39:58,313 --> 00:40:03,859
Are you planning on investigating,
or you just gonna take the guided tour?
502
00:40:04,069 --> 00:40:06,653
I'm pacing myself.
503
00:40:06,946 --> 00:40:12,326
They were running around for hours
looking for anything white to wave.
504
00:40:12,494 --> 00:40:16,830
Some of these people surrendered
to a crew from CNN.
505
00:40:16,998 --> 00:40:23,545
Walk softly and carry an armoured
tank division, I always say.
506
00:40:23,713 --> 00:40:26,632
-That was delicious. Thank you.
-My pleasure, sir.
507
00:40:26,800 --> 00:40:31,512
Colonel, I do have to ask you a
couple questions about September 6th.
508
00:40:31,679 --> 00:40:33,180
Shoot.
509
00:40:33,348 --> 00:40:39,978
An NIS agent told you that Santiago
tipped him off to a fenceline shooting.
510
00:40:40,146 --> 00:40:43,190
Santiago was gonna reveal who did it
in exchange for a transfer.
511
00:40:43,358 --> 00:40:45,526
Yes.
512
00:40:47,821 --> 00:40:53,700
If you feel there are any details
that I'm missing, feel free to speak up.
513
00:40:56,371 --> 00:40:58,038
Thank you.
514
00:41:01,543 --> 00:41:03,919
You called Lt. Colonel Markinson...
515
00:41:04,087 --> 00:41:07,005
...and Lt. Kendrick into your office.
Is that right?
516
00:41:07,173 --> 00:41:09,508
-Yes.
-And what happened then?
517
00:41:09,676 --> 00:41:15,389
We agreed that, for his own safety,
Santiago should be transferred.
518
00:41:16,057 --> 00:41:19,518
Santiago was set to be transferred?
519
00:41:19,686 --> 00:41:24,356
On the first flight to the States.
06:00 the next morning.
520
00:41:24,941 --> 00:41:28,527
Five hours too late, as it turned out.
521
00:41:29,863 --> 00:41:35,242
Yeah. All right, that's all.
Thanks very much for your time.
522
00:41:35,410 --> 00:41:38,537
The corporal's waiting outside
with a jeep. He'll take you back.
523
00:41:38,705 --> 00:41:41,498
-Wait, I've got some questions.
-No, you don't.
524
00:41:41,666 --> 00:41:43,792
-Yes, I do.
-No, you don't.
525
00:41:43,960 --> 00:41:49,089
On the morning Santiago died,
did you meet with Dr. Stone?
526
00:41:49,257 --> 00:41:55,762
-Of course. One of my men was dead.
-You see? The man was dead. Let's go.
527
00:41:55,930 --> 00:42:02,561
-Have you heard the term Code Red?
-I've heard the term, yes.
528
00:42:02,770 --> 00:42:05,480
This past February,
you received a memo...
529
00:42:05,648 --> 00:42:08,192
...from the Atlantic Fleet commander...
530
00:42:08,359 --> 00:42:11,486
...warning that enlisted men
disciplining their own...
531
00:42:11,654 --> 00:42:13,238
...wasn't to be condoned.
532
00:42:13,406 --> 00:42:16,158
I submit to you that
whoever wrote that memo...
533
00:42:16,326 --> 00:42:22,122
...has never faced the working end
of a Cuban AK-47 assault rifle.
534
00:42:22,290 --> 00:42:25,792
However, the directive,
having come from the commander...
535
00:42:25,960 --> 00:42:27,753
...I gave it its due attention.
536
00:42:27,921 --> 00:42:29,254
What is your point, Jo?
537
00:42:29,422 --> 00:42:34,092
She has no point, it's part of her charm.
We're out of here. Thank you.
538
00:42:34,260 --> 00:42:39,806
My point is that I think
Code Reds still go on. Do they?
539
00:42:39,974 --> 00:42:42,309
-He doesn't need to answer that.
-Yes, he does.
540
00:42:42,518 --> 00:42:46,021
-No, he really doesn't.
-Yeah, he really does.
541
00:42:47,774 --> 00:42:48,982
Colonel?
542
00:42:50,610 --> 00:42:53,737
You know, it just hit me.
543
00:42:53,905 --> 00:42:57,699
-She outranks you, Danny.
-Yes, sir.
544
00:42:57,867 --> 00:43:01,245
I want to tell you something.
And listen up, because I mean this.
545
00:43:01,412 --> 00:43:04,331
You're the luckiest man in the world.
546
00:43:04,499 --> 00:43:08,335
There is nothing on this earth sexier--
Believe me, gentlemen.
547
00:43:08,503 --> 00:43:11,505
--than a woman you have to salute
in the morning.
548
00:43:12,173 --> 00:43:15,467
Promote them all, I say,
because this is true.
549
00:43:15,635 --> 00:43:20,138
If you haven't gotten a blowjob
from a superior officer, well...
550
00:43:20,306 --> 00:43:23,183
...you're just letting the best in life
pass you by.
551
00:43:24,435 --> 00:43:28,063
The practice of Code Reds is still
condoned on this base, isn't it?
552
00:43:28,273 --> 00:43:31,483
My problem is I'm a colonel,
so I'll just have to take cold showers...
553
00:43:31,651 --> 00:43:34,194
...until they elect some gal president.
554
00:43:34,904 --> 00:43:36,697
I need an answer to my question, sir.
555
00:43:36,864 --> 00:43:40,367
Take caution in your tone, commander.
556
00:43:40,535 --> 00:43:46,665
I'm a fair guy, but this fucking heat
is making me absolutely crazy.
557
00:43:47,542 --> 00:43:49,293
You wanna ask me about Code Reds?
558
00:43:49,460 --> 00:43:52,045
On the record,
I discourage the practice...
559
00:43:52,213 --> 00:43:54,214
...in accordance with the directive.
560
00:43:54,382 --> 00:43:59,428
Off the record, I tell you it is
an invaluable part of infantry training.
561
00:43:59,595 --> 00:44:06,393
If it goes on without my knowledge,
so be it. That's how I run my unit.
562
00:44:06,561 --> 00:44:11,064
You want to investigate me,
roll the dice and take your chances.
563
00:44:11,232 --> 00:44:15,610
I eat breakfast 300 yards from 4000
Cubans who are trained to kill me.
564
00:44:15,778 --> 00:44:20,741
So don't think for one second that you
can come down here, flash a badge...
565
00:44:20,908 --> 00:44:23,285
...and make me nervous.
566
00:44:27,915 --> 00:44:29,624
Let's go.
567
00:44:32,045 --> 00:44:35,505
Colonel, I'll just need a copy
of Santiago's transfer order.
568
00:44:35,923 --> 00:44:37,174
What's that?
569
00:44:37,342 --> 00:44:40,594
Santiago's transfer order.
You guys have paperwork on it.
570
00:44:40,762 --> 00:44:42,387
I just need it for the file.
571
00:44:42,555 --> 00:44:45,432
-For the file?
-Yeah.
572
00:44:47,560 --> 00:44:51,938
Of course you can have a copy
of the transfer order for the file.
573
00:44:52,106 --> 00:44:55,275
-I'm here to help in any way I can.
-Thank you.
574
00:44:55,443 --> 00:44:57,027
You believe that, don't you, Danny?
575
00:44:57,195 --> 00:44:59,363
That I'm here to help you
any way I can?
576
00:45:00,365 --> 00:45:01,698
Of course.
577
00:45:02,450 --> 00:45:07,120
The corporal will take you by Personnel
on your way to the flight line...
578
00:45:07,288 --> 00:45:10,207
...and you can have all
the transfer orders that you want.
579
00:45:12,460 --> 00:45:14,461
But you have to ask me nicely.
580
00:45:16,798 --> 00:45:21,468
-I beg your pardon?
-You have to ask me nicely.
581
00:45:21,636 --> 00:45:24,971
See, I can deal with the bullets,
the bombs and the blood.
582
00:45:25,139 --> 00:45:27,974
I don't want money
and I don't want medals.
583
00:45:28,142 --> 00:45:30,685
What I do want
is for you to stand there...
584
00:45:30,853 --> 00:45:32,604
...in that faggoty white uniform...
585
00:45:32,772 --> 00:45:37,275
...and with your Harvard mouth,
extend me some fucking courtesy.
586
00:45:40,154 --> 00:45:42,489
You got to ask me nicely.
587
00:45:46,202 --> 00:45:48,829
Colonel Jessep,
if it's not too much trouble...
588
00:45:48,996 --> 00:45:52,666
...I'd like a copy of the transfer order.
Sir.
589
00:45:55,795 --> 00:45:57,754
No problem.
590
00:46:40,339 --> 00:46:42,048
-Who is it?
-It's me.
591
00:46:42,216 --> 00:46:44,092
Jo.
592
00:46:45,052 --> 00:46:46,344
I've really missed you.
593
00:46:46,512 --> 00:46:49,055
I was just saying,
it's been three hours--
594
00:46:49,223 --> 00:46:51,808
-Markinson's disappeared.
-What?
595
00:46:51,976 --> 00:46:55,187
Colonel Markinson's gone U.A.
Unauthorized Absence.
596
00:46:55,354 --> 00:46:59,483
-I know what it means. When?
-This afternoon, after we left.
597
00:46:59,650 --> 00:47:02,360
-I'll try to find him in the morning.
-I've already tried.
598
00:47:02,528 --> 00:47:03,904
You tried?
599
00:47:05,239 --> 00:47:10,911
You're coming close to interfering
with a government investigation.
600
00:47:11,078 --> 00:47:17,417
I'm Louden Downey's attorney.
Aunt Ginny feels like she knows me.
601
00:47:17,585 --> 00:47:22,005
So I suggested that I get more
directly involved with the case.
602
00:47:22,173 --> 00:47:25,717
She had Louden sign the papers
about an hour ago.
603
00:47:25,885 --> 00:47:30,055
I suppose it's too much to hope that
you're making this up just to bother me.
604
00:47:30,223 --> 00:47:35,227
-Don't worry, you're still lead counsel.
-Splendid.
605
00:47:35,394 --> 00:47:38,104
I think Kendrick ordered the Code Red,
and so do you.
606
00:47:40,024 --> 00:47:41,900
Let's go.
607
00:47:45,780 --> 00:47:47,656
Officer on deck, ten-hut!
608
00:47:47,823 --> 00:47:49,699
-Did Kendrick order the Code Red?
-Sir?
609
00:47:49,867 --> 00:47:53,411
Don't say “sir” like I just asked you
if you cleaned the latrine.
610
00:47:53,579 --> 00:47:57,749
Did Lieutenant Kendrick order you
to give Santiago a Code Red?
611
00:47:59,085 --> 00:48:01,628
Yes, sir.
612
00:48:01,796 --> 00:48:04,506
-Did he?
-Yes, sir.
613
00:48:08,970 --> 00:48:13,473
-Why didn't you mention this before?
-You didn't ask us, sir.
614
00:48:13,808 --> 00:48:18,478
Corporal, I get paid no matter
how much time you spend in jail.
615
00:48:18,646 --> 00:48:20,605
Yes, sir. I know you do, sir.
616
00:48:20,773 --> 00:48:22,816
-Fuck you, Harold!
-All right.
617
00:48:23,985 --> 00:48:28,488
-At ease. Let's sort this thing out.
-Shit.
618
00:48:28,656 --> 00:48:31,950
There was a platoon meeting
on September 6th at 4 p.m.
619
00:48:32,118 --> 00:48:36,454
Lieutenant Kendrick says he told you
nothing was to happen to Santiago.
620
00:48:37,081 --> 00:48:42,294
Now, is this true?
I want you to speak freely.
621
00:48:45,214 --> 00:48:49,509
Ma'am, that's correct.
But then he dismissed the platoon.
622
00:48:49,677 --> 00:48:53,597
-And what happened then?
-Lt. Kendrick came to our room.
623
00:48:53,764 --> 00:48:55,473
When?
624
00:48:56,350 --> 00:49:00,478
About five minutes after the
meeting broke. About 16:20.
625
00:49:00,646 --> 00:49:03,148
And what happened then?
626
00:49:03,316 --> 00:49:07,527
Lt. Kendrick ordered us
to give Santiago a Code Red.
627
00:49:09,196 --> 00:49:13,617
Jack! Jack!
They were given an order.
628
00:49:16,871 --> 00:49:22,042
-Jack, come on.
-I'll be right back. Be right back.
629
00:49:22,209 --> 00:49:23,877
How long did you know
about the order?
630
00:49:24,045 --> 00:49:25,712
I didn't. Who's this?
631
00:49:25,880 --> 00:49:29,257
It's Jo Galloway, Downey's lawyer.
She's very pleased to meet you.
632
00:49:29,425 --> 00:49:32,552
-What are you accusing me of?
-How long have you known?
633
00:49:32,720 --> 00:49:37,390
He didn't know. If he did and didn't tell
us, he'd be violating the code of ethics.
634
00:49:37,558 --> 00:49:41,019
He's got enough to worry about.
God forbid our clients plead not guilty...
635
00:49:41,187 --> 00:49:43,355
...and testify for the record
they were ordered.
636
00:49:43,522 --> 00:49:46,650
Kendrick told those men
not to touch Santiago.
637
00:49:46,817 --> 00:49:50,904
Then he told Dawson and Downey to
give him a Code Red. Kendrick's lying.
638
00:49:51,072 --> 00:49:52,864
-You have proof?
-I have the defendants.
639
00:49:53,032 --> 00:49:57,410
And I have 23 Marines and a lieutenant
with four letters of commendation.
640
00:49:57,578 --> 00:49:59,871
-Why did Markinson go U.A.?
-We'll never know.
641
00:50:00,039 --> 00:50:02,749
-I can't subpoena Markinson?
-You won't find him.
642
00:50:03,084 --> 00:50:08,296
You know what Markinson did
for 17 years? Counterintelligence.
643
00:50:08,464 --> 00:50:11,257
Markinson's gone.
There is no Markinson.
644
00:50:12,927 --> 00:50:17,430
Look, Danny,
Jessep's star is on the rise.
645
00:50:17,598 --> 00:50:21,393
Division will give me room to spare him
and the Corps any embarrassment.
646
00:50:21,560 --> 00:50:22,769
How much room?
647
00:50:24,063 --> 00:50:27,524
I'll knock it down to involuntary
manslaughter. Two years.
648
00:50:27,692 --> 00:50:28,942
No, we're going to court.
649
00:50:29,110 --> 00:50:30,944
-No, you're not.
-Why not?
650
00:50:31,112 --> 00:50:34,030
Because you'll lose,
and Danny knows it.
651
00:50:34,198 --> 00:50:37,117
And he knows if we go to court,
I'll have to go all the way.
652
00:50:37,284 --> 00:50:39,536
They'll be charged
with the whole truckload.
653
00:50:39,704 --> 00:50:42,205
Murder, conspiracy,
conduct unbecoming.
654
00:50:42,373 --> 00:50:47,127
Danny's got me by the balls here,
but not in the courtroom.
655
00:50:47,294 --> 00:50:49,087
Danny's an awfully talented lawyer.
656
00:50:49,255 --> 00:50:54,134
He won't see his clients go jail for life
if they could be home in six months.
657
00:50:54,802 --> 00:51:00,056
That's the end of this negotiation.
I'll see you at the arraignment.
658
00:51:03,477 --> 00:51:06,104
All right, here's the story.
659
00:51:06,272 --> 00:51:11,151
The government's offering
involuntary manslaughter. Two years.
660
00:51:11,318 --> 00:51:13,236
You'll be home in six months.
661
00:51:15,990 --> 00:51:22,537
“Wow! You're the greatest lawyer in
the world! How can we thank you?”
662
00:51:22,747 --> 00:51:28,626
Fellas, you hear what I just said?
You'll be home in six months.
663
00:51:28,794 --> 00:51:30,879
I'm afraid we can't do that, sir.
664
00:51:31,255 --> 00:51:32,297
Do what?
665
00:51:32,506 --> 00:51:35,842
-Make a deal, sir.
-What are you talking about?
666
00:51:36,010 --> 00:51:38,803
We did nothing wrong. We did our job.
667
00:51:38,971 --> 00:51:42,223
If that has consequences,
I'll accept them.
668
00:51:42,391 --> 00:51:44,476
But I won't say that I'm guilty, sir.
669
00:51:46,061 --> 00:51:49,355
-Did she put you up to this?
-No.
670
00:51:49,523 --> 00:51:51,107
We have a code, sir.
671
00:51:51,275 --> 00:51:56,362
You and your code plead not guilty.
You'll be in jail for life.
672
00:51:56,530 --> 00:52:00,492
Do what I say,
and you'll be home in six months.
673
00:52:01,327 --> 00:52:05,997
Do it, Harold. Six months, it's nothing.
It's a hockey season.
674
00:52:08,417 --> 00:52:12,212
-Permission to--
-Speak! Jesus!
675
00:52:14,799 --> 00:52:17,217
-What do we do then, sir?
-When?
676
00:52:17,384 --> 00:52:20,720
After six months we'll be
dishonorably discharged, right, sir?
677
00:52:20,888 --> 00:52:25,391
-Probably.
-What do we do then, sir?
678
00:52:28,103 --> 00:52:33,900
We joined the Marines because
we wanted to live by a certain code.
679
00:52:34,068 --> 00:52:39,405
You're asking us to say we have no
honor, that we're not Marines!
680
00:52:39,573 --> 00:52:43,868
If a court decides what we did
was wrong, I'll accept my punishment.
681
00:52:44,036 --> 00:52:49,749
But I believe I was right. I did my job.
I will not dishonor myself, my unit...
682
00:52:49,917 --> 00:52:55,046
...or the Corps,
so that I can go home in six months!
683
00:52:55,214 --> 00:52:57,048
Sir!
684
00:53:03,848 --> 00:53:06,391
I'd like to talk to
Lance Corporal Dawson...
685
00:53:06,559 --> 00:53:08,434
...alone for a minute, please.
686
00:53:10,104 --> 00:53:11,437
Sergeant!
687
00:53:14,775 --> 00:53:19,153
-We'd like to go to another room.
-Sit down.
688
00:53:30,875 --> 00:53:32,876
You don't like me very much,
do you?
689
00:53:34,378 --> 00:53:38,590
Forget it, don't answer that.
It doesn't matter.
690
00:53:43,804 --> 00:53:48,892
You know, Downey worships you.
691
00:53:51,145 --> 00:53:53,563
He's gonna do whatever you do.
692
00:53:54,648 --> 00:53:59,485
Are you really gonna let this happen
to him because of a code, Harold?
693
00:53:59,653 --> 00:54:01,821
-Do you think we were right?
-Doesn't matter--
694
00:54:01,989 --> 00:54:03,406
Do you think we were right?!
695
00:54:04,241 --> 00:54:05,992
I think you'd lose.
696
00:54:08,120 --> 00:54:09,704
You're such a coward.
697
00:54:09,872 --> 00:54:12,498
I can't believe they let you
wear a uniform.
698
00:54:15,002 --> 00:54:17,754
I'm not gonna feel responsible for this.
I did all I could.
699
00:54:17,922 --> 00:54:21,341
You're going to Leavenworth
for the better part of your life...
700
00:54:21,508 --> 00:54:24,135
...and I don't give a shit.
701
00:54:24,303 --> 00:54:28,181
What happened to saluting
an officer when he leaves the room?
702
00:54:36,231 --> 00:54:37,357
Open it up.
703
00:54:40,694 --> 00:54:45,198
I don't believe it!
He's gonna go to jail to spite me!
704
00:54:45,366 --> 00:54:47,533
If he wants to jump off a cliff,
that's his business.
705
00:54:47,701 --> 00:54:49,369
I'm not gonna hold his hand.
706
00:54:49,536 --> 00:54:53,915
-How do I get him a new lawyer?
-Make a motion at the arraignment.
707
00:54:54,083 --> 00:54:58,378
Just tell the judge
you want new counsel assigned.
708
00:55:00,047 --> 00:55:01,381
That's that.
709
00:55:02,091 --> 00:55:04,717
One thing, though.
When you ask the judge...
710
00:55:04,885 --> 00:55:06,719
...be sure and ask nicely.
711
00:55:07,596 --> 00:55:13,559
-What do you want from me?
-I want you to make an argument.
712
00:55:13,727 --> 00:55:18,523
That didn't help Calley at My Lai,
or the Nazis at Nuremburg.
713
00:55:18,691 --> 00:55:21,901
For chrissakes, Sam.
Do you think that's the same...
714
00:55:22,069 --> 00:55:25,446
...as two teenagers executing an
order they didn't think would harm?
715
00:55:25,614 --> 00:55:27,490
These guys aren't Nazis.
716
00:55:27,658 --> 00:55:30,576
Don't look now,
but you're making an argument.
717
00:55:32,246 --> 00:55:35,873
Yeah, yeah. Tomorrow morning,
I get them a new attorney.
718
00:55:36,041 --> 00:55:40,336
Why are you so afraid to be a lawyer?
You Daddy's expectations that high?
719
00:55:40,504 --> 00:55:43,756
Please, spare me
the psychobabble father bullshit!
720
00:55:43,924 --> 00:55:47,427
They'll have their day in court,
but with another lawyer.
721
00:55:47,594 --> 00:55:52,056
Another lawyer won't be good enough.
They need you. You know how to win.
722
00:55:52,224 --> 00:55:56,602
You know they have a case. You walk
away from this, you seal their fate.
723
00:55:56,770 --> 00:56:00,064
Their fate was sealed
the moment Santiago died.
724
00:56:00,232 --> 00:56:01,899
Do you believe they have a case?
725
00:56:02,067 --> 00:56:04,944
You and Dawson, you both
live in the same dream world.
726
00:56:05,112 --> 00:56:09,157
It doesn't matter what I believe,
it only matters what I can prove.
727
00:56:09,324 --> 00:56:13,953
So don't tell me what I know
and don't know. I know the law!
728
00:56:19,126 --> 00:56:23,171
You know nothing about the law.
You're a used-car salesman.
729
00:56:23,338 --> 00:56:29,552
An ambulance-chaser with a rank.
You're nothing. Live with that.
730
00:56:35,684 --> 00:56:37,310
So I told Duncan:
731
00:56:37,478 --> 00:56:41,481
“If you wanna take this to court, you'll
force me to file discovery motions...
732
00:56:41,648 --> 00:56:45,151
...and you're gonna spend a year
going blind on paperwork...
733
00:56:45,319 --> 00:56:48,488
...because a 90-year-old man
misread the Delaware insurance code.”
734
00:56:48,655 --> 00:56:53,951
-So, what happened?
-Fifteen minutes later, he makes a deal.
735
00:57:40,124 --> 00:57:42,333
All rise.
736
00:57:49,091 --> 00:57:55,346
-Where are we?
-Docket number 411275 VR-5.
737
00:57:55,514 --> 00:57:58,099
The United States v.
Lance Corporal Harold Dawson...
738
00:57:58,267 --> 00:58:00,476
...and Private First Class
Louden Downey.
739
00:58:00,644 --> 00:58:03,896
The accused are charged with murder,
conspiracy to commit murder...
740
00:58:04,064 --> 00:58:06,315
...and conduct unbecoming
a United States Marine.
741
00:58:06,483 --> 00:58:08,526
Does the defense
wish to enter a plea?
742
00:58:10,279 --> 00:58:11,737
Yeah.
743
00:58:15,492 --> 00:58:16,826
They're not guilty.
744
00:58:20,080 --> 00:58:22,665
Enter a plea of “not guilty”
for the accused.
745
00:58:22,833 --> 00:58:29,589
We will adjourn until 10:00, three weeks
from today, when we will reconvene.
746
00:58:45,772 --> 00:58:49,066
Why does a lieutenant
with nine months' experience...
747
00:58:49,234 --> 00:58:53,487
...and a record for plea-bargaining
get assigned a murder case?
748
00:58:55,532 --> 00:58:59,785
Would it be so that it never sees
the inside of a courtroom?
749
00:59:01,038 --> 00:59:07,543
We'll work out of my apartment.
Jo, bring legal pads and pens.
750
00:59:07,711 --> 00:59:11,088
Sam, get a couple desk lamps.
I need you to start a medical profile.
751
00:59:11,256 --> 00:59:15,134
Jo, get Dawson's, Downey's
and Santiago's conduct reports.
752
00:59:15,302 --> 00:59:19,597
I've only got Yoo-hoo and Cocoa Puffs,
so if you want anything else, bring it.
753
00:59:19,765 --> 00:59:21,891
-Okay?
-Yeah.
754
00:59:28,065 --> 00:59:31,234
So this is what a courtroom looks like.
755
00:59:40,869 --> 00:59:45,164
-You speak to your friend at the NIS?
-Yeah.
756
00:59:45,332 --> 00:59:49,669
She said if Markinson doesn't
want to be found, we won't find him.
757
00:59:49,836 --> 00:59:54,382
She said I could be Markinson,
and you wouldn't know it.
758
00:59:54,549 --> 00:59:58,594
-Are you Markinson?
-No.
759
00:59:58,804 --> 01:00:03,849
I'm not Markinson.
That's two down.
760
01:00:05,769 --> 01:00:07,770
What?
761
01:00:08,438 --> 01:00:11,941
I'm just wondering,
now that Joanne's on this...
762
01:00:12,442 --> 01:00:14,819
I'm just wondering if you still need me.
763
01:00:14,987 --> 01:00:17,530
-They were following orders, Sam.
-An illegal order.
764
01:00:17,698 --> 01:00:19,991
You think Dawson and Downey
knew it was illegal?
765
01:00:20,242 --> 01:00:22,827
It doesn't matter.
Any decent human would have--
766
01:00:22,995 --> 01:00:25,705
They're not permitted
to question orders.
767
01:00:25,872 --> 01:00:30,501
Then what's the secret?
I give orders every day, nobody obeys!
768
01:00:30,669 --> 01:00:32,378
We have softball and marching bands.
769
01:00:32,546 --> 01:00:36,799
They work at a place where you have to
wear camouflage or you might get shot.
770
01:00:44,516 --> 01:00:48,769
I need you.
You're better at research than I am.
771
01:00:48,937 --> 01:00:51,564
And you know
how to prepare a witness.
772
01:00:56,987 --> 01:01:01,741
I've got medical reports
and Chinese food. I say we eat first.
773
01:01:07,706 --> 01:01:09,707
What?
774
01:01:10,876 --> 01:01:13,711
Did you get any kung pao chicken?
775
01:01:16,340 --> 01:01:19,425
This is our defense. Intent.
No one can prove there was poison.
776
01:01:19,593 --> 01:01:22,720
Code Red. They're common
and accepted in Guantánamo Bay.
777
01:01:22,888 --> 01:01:28,351
The order. A, Kendrick gave it,
B, they had no choice but to follow.
778
01:01:28,518 --> 01:01:30,895
-What about motive?
-We're weak. They had one.
779
01:01:31,063 --> 01:01:33,105
That doesn't make them guilty.
780
01:01:33,273 --> 01:01:36,776
Relax. We'll deal with that later.
For now, we start with intent.
781
01:01:36,943 --> 01:01:41,906
We must show that Santiago could've
died from something other than poison.
782
01:01:42,074 --> 01:01:46,452
Jo, find out all about
lactic acidosis.
783
01:01:46,620 --> 01:01:49,163
This is Lt. Commander Galloway
with the JAG Corps.
784
01:01:49,331 --> 01:01:53,125
I've been trying to track down
a Lt. Colonel Matthew Markinson....
785
01:01:53,293 --> 01:01:55,419
Doctor, was there any sign
of external damage?
786
01:01:55,587 --> 01:01:58,422
No scrapes? No cuts?
787
01:01:58,632 --> 01:02:02,635
Bruises? Broken bones?
Was there any sign of violence?
788
01:02:02,803 --> 01:02:07,473
-Other than the dead body?
-Shit. I walk into that every time.
789
01:02:07,641 --> 01:02:12,186
He ordered me and Dawson
to give Willy a Code Red.
790
01:02:12,354 --> 01:02:13,979
Answers still have to come faster.
791
01:02:14,147 --> 01:02:16,148
This farm boy thing
will play for a while...
792
01:02:16,316 --> 01:02:18,901
...but in the end, it sounds like
he's searching for it.
793
01:02:19,069 --> 01:02:25,491
Right. And Willy is Private Santiago.
Willy is someone with a mother.
794
01:02:26,493 --> 01:02:30,121
They drew court members.
Seven men, two women.
795
01:02:30,288 --> 01:02:32,248
All experienced officers.
796
01:02:32,416 --> 01:02:35,334
The women have no children.
That's a bad break.
797
01:02:35,502 --> 01:02:39,547
My father said a jury trial
is about assigning blame.
798
01:02:39,714 --> 01:02:44,218
Santiago's dead and he shouldn't be.
They want to know who's to blame.
799
01:02:44,386 --> 01:02:46,804
Ross hands them our clients,
we hand them Kendrick.
800
01:02:46,972 --> 01:02:52,560
This won't be won by the law,
but by the lawyers. So, poker faces.
801
01:02:52,727 --> 01:02:57,940
Don't flinch. If something goes wrong,
don't hang your head or scribble.
802
01:02:58,108 --> 01:03:01,777
Whatever happens, you have to
look like you expected it.
803
01:03:01,945 --> 01:03:06,740
-You pass me documents--
-”Swiftly, and don't look overanxious.”
804
01:03:06,908 --> 01:03:09,618
Don't wear that perfume in court,
wrecks my concentration.
805
01:03:09,786 --> 01:03:13,414
-Really?
-I was talking to Sam.
806
01:03:15,041 --> 01:03:19,628
-What time is it?
-It's time to go home. Try to sleep.
807
01:03:19,796 --> 01:03:22,214
-Give me a ride?
-Sure.
808
01:03:25,427 --> 01:03:31,223
-You're a good man, Charlie Brown.
-I'll see you in court, counselor.
809
01:03:36,438 --> 01:03:39,899
-Danny, I--
-I know. We've had our differences.
810
01:03:40,066 --> 01:03:44,778
We both said things we didn't mean.
But you're happy I stuck with the case.
811
01:03:44,946 --> 01:03:51,076
If you've gained some respect for me,
well, of course I'm happy about that.
812
01:03:51,244 --> 01:03:55,581
But it's no big deal.
You like me, I won't make you say it.
813
01:03:56,374 --> 01:03:59,084
I was just gonna tell you
to wear matching socks tomorrow.
814
01:04:01,213 --> 01:04:04,340
Okay. Good tip.
815
01:04:05,133 --> 01:04:10,554
-We're ready.
-You'd better believe it.
816
01:04:19,022 --> 01:04:22,024
We're gonna get creamed.
817
01:04:50,095 --> 01:04:52,012
Lieutenant Kaffee.
818
01:04:52,847 --> 01:04:55,891
You are gonna save our son,
aren't you?
819
01:04:56,059 --> 01:04:58,060
I'll do my best.
820
01:04:58,228 --> 01:05:02,690
Danny, I'd like you to meet
Ginny Miller, Louden's aunt.
821
01:05:03,525 --> 01:05:05,776
You're Aunt Ginny?
822
01:05:07,821 --> 01:05:12,783
-I was expecting someone older.
-So was I.
823
01:05:17,497 --> 01:05:20,165
-Last chance. I'll flip you for it.
-All rise.
824
01:05:20,333 --> 01:05:21,333
Too late.
825
01:05:30,010 --> 01:05:35,764
All those having business with this
court-martial, stand forward.
826
01:05:35,932 --> 01:05:39,268
Colonel Julius Alexander Randolph
is presiding.
827
01:05:39,436 --> 01:05:43,522
Is the government prepared
to make an opening statement?
828
01:05:46,610 --> 01:05:48,485
The facts of the case are these:
829
01:05:48,653 --> 01:05:54,700
On September 6th, the accused
entered PFC Santiago's room.
830
01:05:54,868 --> 01:05:57,703
They woke him up,
tied his arms and legs...
831
01:05:57,871 --> 01:06:00,205
...and forced a rag into his throat.
832
01:06:00,373 --> 01:06:06,045
Minutes later, a reaction called lactic
acidosis caused his lungs to bleed.
833
01:06:06,212 --> 01:06:11,717
He drowned in his own blood, and
was dead at 37 minutes past midnight.
834
01:06:11,885 --> 01:06:16,889
These are the facts of the case,
and they are undisputed.
835
01:06:17,057 --> 01:06:22,353
That's right. What I've just told you
is exactly what you will hear...
836
01:06:22,520 --> 01:06:27,107
...from Lance Corporal Dawson
and Private Downey.
837
01:06:27,275 --> 01:06:32,321
Furthermore, we will also show that
the accused soaked the rag in poison...
838
01:06:32,489 --> 01:06:37,826
...and entered Santiago's room
with motive and intent to kill.
839
01:06:37,994 --> 01:06:43,374
Lieutenant Kaffee is gonna try
and pull off a little magic act here.
840
01:06:43,541 --> 01:06:45,584
He'll try a little misdirection.
841
01:06:46,044 --> 01:06:49,296
He'll astonish you
with stories of rituals.
842
01:06:49,464 --> 01:06:55,678
Dazzle you with official-sounding
terms like “Code Red.”
843
01:06:55,845 --> 01:06:58,806
He might even try to cut
into a few officers for you.
844
01:06:58,973 --> 01:07:03,727
He'll have no evidence, none,
but it'll be entertaining.
845
01:07:03,978 --> 01:07:05,396
But in the end...
846
01:07:05,563 --> 01:07:10,150
...all the magic in the world will not
divert your attention from the fact...
847
01:07:10,318 --> 01:07:17,241
...that Willy Santiago is dead,
and Dawson and Downey killed him.
848
01:07:17,409 --> 01:07:21,245
These are the facts of the case,
and they are undisputed.
849
01:07:22,372 --> 01:07:24,081
Lieutenant Kaffee.
850
01:07:24,249 --> 01:07:27,251
There was no poison on the rag
and there was no intent to kill...
851
01:07:27,419 --> 01:07:31,463
...and any attempt to prove otherwise
is futile, because it just ain't true.
852
01:07:32,048 --> 01:07:35,300
Dawson and Downey didn't go
into Santiago's room...
853
01:07:35,468 --> 01:07:37,678
...because of vengeance.
854
01:07:37,887 --> 01:07:41,849
It wasn't to kill or harm.
And they weren't looking for kicks.
855
01:07:42,016 --> 01:07:45,310
It's because it was what
they were ordered to do.
856
01:07:45,895 --> 01:07:50,482
Let me say that again.
It's because they were ordered to do it.
857
01:07:51,109 --> 01:07:52,985
Out in the real world,
that means nothing.
858
01:07:53,153 --> 01:07:55,487
And here in the Washington
Navy Yard...
859
01:07:55,655 --> 01:07:57,281
...doesn't mean a whole lot more.
860
01:07:57,449 --> 01:07:58,991
But if you're a Marine...
861
01:07:59,159 --> 01:08:03,454
...assigned to Rifle Security Company
Windward, Guantánamo Bay, Cuba...
862
01:08:03,621 --> 01:08:06,999
...you follow orders,
or you pack your bags.
863
01:08:07,208 --> 01:08:12,421
Make no mistake about it.
Dawson and Downey are sitting here...
864
01:08:12,589 --> 01:08:15,841
...because they did their job.
865
01:08:19,429 --> 01:08:22,514
Is the government ready to
call its first witness?
866
01:08:22,682 --> 01:08:26,351
Please the court,
government calls Mr. R.C. Mc.Guire.
867
01:08:30,857 --> 01:08:33,025
Raise your right hand, please.
868
01:08:33,193 --> 01:08:38,864
Do you swear to tell the truth, the whole
truth, and nothing but the truth?
869
01:08:39,032 --> 01:08:41,408
-I do.
-Have a seat, please.
870
01:08:42,494 --> 01:08:45,704
Would you state
your full name and occupation?
871
01:08:45,872 --> 01:08:50,209
Robert C. Mc.Guire, special agent,
Naval Investigative Service.
872
01:08:50,376 --> 01:08:56,715
Did you receive a letter from PFC
Santiago on 3 September of this year?
873
01:08:56,883 --> 01:08:58,967
-We did.
-What did it say?
874
01:08:59,135 --> 01:09:03,847
That a member of Santiago's unit
had illegally fired across the fenceline.
875
01:09:04,015 --> 01:09:06,058
Was that Marine identified in the letter?
876
01:09:06,226 --> 01:09:11,730
No. I told Colonel Jessep that I
would be coming down to investigate.
877
01:09:11,898 --> 01:09:13,565
And what did you find?
878
01:09:13,733 --> 01:09:16,819
The shift reported only one sentry
returned his weapon...
879
01:09:16,986 --> 01:09:18,529
...with ammo missing.
880
01:09:18,696 --> 01:09:21,990
-Who was that?
-Lance Corporal Harold Dawson.
881
01:09:22,158 --> 01:09:23,742
Your Witness.
882
01:09:26,329 --> 01:09:29,665
Mr. McGuire, have you questioned
Dawson about the shooting?
883
01:09:29,916 --> 01:09:33,544
Yes, he claims to have been engaged
in some manner by the enemy.
884
01:09:33,711 --> 01:09:35,963
-But you don't believe him?
-It's not my place--
885
01:09:36,130 --> 01:09:41,009
Why wasn't Dawson charged with
firing at the enemy without cause?
886
01:09:42,804 --> 01:09:45,681
There wasn't enough evidence
to support such a charge.
887
01:09:45,849 --> 01:09:47,474
Thank you.
888
01:09:48,893 --> 01:09:55,941
Why was there not enough evidence?
You had William Santiago's letter.
889
01:09:57,110 --> 01:10:02,614
Santiago was the only eyewitness.
I had no chance to interview him.
890
01:10:02,782 --> 01:10:05,784
And now we'll never know,
will we, Mr. McGuire?
891
01:10:06,536 --> 01:10:07,995
No.
892
01:10:09,414 --> 01:10:13,584
-No more questions.
-The witness is excused.
893
01:10:16,504 --> 01:10:18,964
Corporal Carl Hammaker,
Marine barracks...
894
01:10:19,132 --> 01:10:22,467
...Rifle Security Company Windward,
2nd Platoon Bravo.
895
01:10:22,635 --> 01:10:24,970
Were you present at a meeting...
896
01:10:25,138 --> 01:10:29,433
...held by Lieutenant Kendrick
on September 6th?
897
01:10:29,601 --> 01:10:33,478
-Yes, sir.
-What was the substance of it?
898
01:10:33,646 --> 01:10:36,690
Lieutenant Kendrick told us
we had an informer in our group.
899
01:10:36,858 --> 01:10:42,487
That Santiago had reported to
the NIS on a member of our platoon.
900
01:10:42,655 --> 01:10:44,865
Did that make you mad?
901
01:10:45,033 --> 01:10:48,327
-You can tell the truth. Did it?
-Yes, sir.
902
01:10:48,494 --> 01:10:49,661
How mad?
903
01:10:49,829 --> 01:10:53,582
Santiago betrayed a code
we believe in.
904
01:10:53,750 --> 01:10:56,376
-Were other men also angry?
-Object. Speculation.
905
01:10:56,628 --> 01:10:58,211
Were Dawson and Downey?
906
01:10:58,463 --> 01:11:00,714
Is the counsel asking this witness
to testify...
907
01:11:00,882 --> 01:11:03,508
...as to how my clients felt
on Sept. 6th?
908
01:11:03,927 --> 01:11:05,510
Sustained.
909
01:11:07,388 --> 01:11:11,350
Did Lieutenant Kendrick leave
a standing order at that meeting?
910
01:11:11,517 --> 01:11:13,769
-Yes, sir.
-What was it?
911
01:11:15,897 --> 01:11:19,316
It was clear he didn't want us
taking matters into our own hands.
912
01:11:19,484 --> 01:11:26,198
-What was the order?
-Santiago wasn't to be touched.
913
01:11:27,617 --> 01:11:30,452
Your witness.
914
01:11:30,620 --> 01:11:34,373
Were you in Dawson and Downey's
room five minutes later?
915
01:11:34,540 --> 01:11:35,874
No, sir.
916
01:11:36,250 --> 01:11:40,879
-Thanks. No more questions.
-The witness is excused.
917
01:11:44,842 --> 01:11:47,260
Government calls
Corporal Raymond Thomas.
918
01:11:47,428 --> 01:11:52,933
Captain Ross is planning to call all
the members of the platoon to testify.
919
01:11:53,101 --> 01:11:55,477
In light of the defense
Kaffee is planning...
920
01:11:55,645 --> 01:11:59,314
...the platoon leader's instructions
seems relevant testimony.
921
01:11:59,482 --> 01:12:04,069
The defense concedes that all 22
will confirm Hammaker's account...
922
01:12:04,237 --> 01:12:06,488
...if the government concedes
none of them...
923
01:12:06,656 --> 01:12:10,409
...were in Dawson and Downey's room
at 1620.
924
01:12:10,576 --> 01:12:14,913
-Captain?
-The government will stipulate.
925
01:12:15,081 --> 01:12:19,001
Then we will adjourn. You can
call your next witness tomorrow.
926
01:12:19,168 --> 01:12:20,919
All rise.
927
01:12:32,598 --> 01:12:35,308
-Let's go over the doctor again.
-It's the right approach.
928
01:12:35,560 --> 01:12:37,352
We've been over this already.
929
01:12:37,520 --> 01:12:41,231
At 3:00, Stone says he doesn't know
what killed Santiago.
930
01:12:41,399 --> 01:12:46,111
Then he meets with Jessep, and at
5:00 he says it was poison? He's lying.
931
01:12:46,279 --> 01:12:47,362
That's a relief.
932
01:12:47,530 --> 01:12:50,991
I was afraid I couldn't use
the “liar, liar, pants on fire” defense.
933
01:12:51,159 --> 01:12:57,414
We can't prove coercion.
Let's go over what we have.
934
01:13:06,049 --> 01:13:09,634
Private Santiago was
admitted to the ER at 00:12...
935
01:13:09,802 --> 01:13:13,680
...and he was pronounced dead
at 00:37.
936
01:13:13,848 --> 01:13:17,142
Dr. Stone, what is lactic acidosis?
937
01:13:17,310 --> 01:13:20,896
If the muscles and other cells
burn sugar instead of oxygen...
938
01:13:21,064 --> 01:13:22,564
...lactic acid is produced.
939
01:13:22,732 --> 01:13:26,151
That lactic acid is what caused
Santiago's lungs to bleed.
940
01:13:26,319 --> 01:13:31,656
How long does it take before
the muscles start burning sugar?
941
01:13:32,533 --> 01:13:38,121
-Twenty to 30 minutes.
-What made it faster with Santiago?
942
01:13:38,289 --> 01:13:43,502
-An ingested poison of some kind.
-Object. The witness is speculating.
943
01:13:43,669 --> 01:13:45,378
He is an expert medical witness.
944
01:13:45,546 --> 01:13:48,173
In this court,
his opinion is not speculation.
945
01:13:48,341 --> 01:13:53,845
He is not a criminologist.
The medical facts are inconclusive.
946
01:13:54,013 --> 01:13:57,682
A point I'm confident you'll illustrate
on your cross-examination.
947
01:13:57,850 --> 01:14:00,852
So I'm sure you won't mind
if his opinion is admitted now?
948
01:14:01,437 --> 01:14:03,522
Not at all, sir.
949
01:14:05,066 --> 01:14:11,154
-Did Willy Santiago die of poisoning?
-Absolutely.
950
01:14:11,322 --> 01:14:15,325
You're aware that the lab and coroner's
reports show no traces of poison?
951
01:14:15,493 --> 01:14:17,953
-Yes, I am.
-Then how do you justify--?
952
01:14:18,121 --> 01:14:23,583
There are literally dozens of toxins
which are virtually undetectable.
953
01:14:23,751 --> 01:14:27,462
The nature of the acidosis
is the compelling factor here.
954
01:14:28,047 --> 01:14:30,173
Thank you, sir.
955
01:14:32,260 --> 01:14:36,888
Commander, is it possible for a person
to have an affliction, some condition...
956
01:14:37,056 --> 01:14:39,891
...which might also speed up acidosis?
957
01:14:42,728 --> 01:14:46,481
-Is it possible?
-It's possible.
958
01:14:46,649 --> 01:14:50,110
What might
some of those conditions be?
959
01:14:50,278 --> 01:14:53,405
If a person had a coronary
or cerebral disorder...
960
01:14:53,573 --> 01:14:55,657
...the process would be more rapid.
961
01:14:55,825 --> 01:14:57,909
If I had a coronary condition...
962
01:14:58,077 --> 01:15:01,663
...and a perfectly clean rag was placed
in my mouth and pushed too far...
963
01:15:01,831 --> 01:15:04,749
...is it possible my cells would continue
burning sugar...
964
01:15:04,917 --> 01:15:06,418
...after the rag was taken out?
965
01:15:06,919 --> 01:15:09,379
It would have to be
a very serious condition.
966
01:15:09,547 --> 01:15:11,673
Is it possible to have
a serious condition...
967
01:15:11,841 --> 01:15:13,800
...where initial symptoms
were so mild...
968
01:15:13,968 --> 01:15:18,221
...as to escape a physician
during a routine medical exam?
969
01:15:18,389 --> 01:15:21,099
Possibly.
There would still be symptoms.
970
01:15:21,267 --> 01:15:22,601
What kind of symptoms?
971
01:15:23,019 --> 01:15:25,228
-There are hundreds of--
-Chest pains?
972
01:15:25,396 --> 01:15:28,607
-Yes. Yes.
-Shortness of breath? Fatigue?
973
01:15:29,066 --> 01:15:30,442
Of course.
974
01:15:36,240 --> 01:15:40,744
-Doctor, is this your signature?
-Yes, it is.
975
01:15:41,287 --> 01:15:45,123
This is an order for Private Santiago
to be put on restricted duty.
976
01:15:45,291 --> 01:15:49,127
Would you read your handwritten
remarks at the bottom of the page?
977
01:15:49,295 --> 01:15:55,634
“Patient complains of chest pains,
shortness of breath, and fatigue.
978
01:15:55,801 --> 01:16:00,138
Restricted from running distances
over five miles for one week.”
979
01:16:02,308 --> 01:16:05,644
Isn't it possible Santiago had
a serious coronary condition...
980
01:16:05,811 --> 01:16:08,313
...and it was that condition,
not poison...
981
01:16:08,481 --> 01:16:10,815
...that caused
the rapid chemical reaction?
982
01:16:10,983 --> 01:16:14,152
-No.
-It's not possible?
983
01:16:14,654 --> 01:16:19,157
No. I personally give each man
a thorough physical examination.
984
01:16:19,325 --> 01:16:22,327
Private Santiago was given
a clean bill of health.
985
01:16:22,495 --> 01:16:24,829
That's why it had to be poison, right?
986
01:16:24,997 --> 01:16:27,791
Because if you gave a man
with a serious condition...
987
01:16:27,959 --> 01:16:31,670
...a clean bill of health and he died
from a heart-related incident...
988
01:16:31,837 --> 01:16:33,755
...you'd have a lot to answer for.
989
01:16:33,923 --> 01:16:36,800
-Object! Move to strike!
-Sustained.
990
01:16:38,052 --> 01:16:41,179
I have no more questions, Your Honor.
991
01:16:41,347 --> 01:16:44,683
You've held a license
to practice medicine for 17 years.
992
01:16:44,850 --> 01:16:48,478
You're certified in internal medicine,
you're chief of internal medicine...
993
01:16:48,646 --> 01:16:52,691
...at a hospital which has served
5426 people.
994
01:16:52,858 --> 01:16:57,654
In your professional opinion,
was Willy Santiago poisoned?
995
01:16:57,822 --> 01:17:02,575
We ask that the doctor's testimony
be stricken from the record.
996
01:17:02,743 --> 01:17:08,373
-The court should disregard it.
-The objection's overruled.
997
01:17:08,541 --> 01:17:13,420
We strenuously object,
and requests an 802 conference...
998
01:17:13,587 --> 01:17:16,798
...so His Honor can hear discussion
before ruling on this objection.
999
01:17:16,966 --> 01:17:21,636
-The objection has been overruled.
-Move to reconsider.
1000
01:17:21,804 --> 01:17:27,058
Noted. The witness is an expert,
and the court will hear his opinion!
1001
01:17:31,480 --> 01:17:39,029
In your expert professional opinion,
was Willy Santiago poisoned?
1002
01:17:39,989 --> 01:17:44,868
-Yes.
-Thank you, sir. No more questions.
1003
01:17:45,119 --> 01:17:47,370
You may step down.
1004
01:17:51,083 --> 01:17:57,380
While we reserve the right to call
rebuttal witnesses, government rests.
1005
01:17:57,548 --> 01:18:00,050
We'll recess until Monday the 19th...
1006
01:18:00,217 --> 01:18:04,596
...when the defense
will call its first witness.
1007
01:18:05,139 --> 01:18:07,265
All rise.
1008
01:18:15,816 --> 01:18:21,071
“I strenuously object”?
Is that how it works?
1009
01:18:21,238 --> 01:18:25,283
“Objection.” “Overruled!”
“No, I strenuously object!”
1010
01:18:25,451 --> 01:18:29,454
-”Oh, then I'll reconsider!”
-I got it on the record.
1011
01:18:29,622 --> 01:18:32,082
You got the court thinking
we're afraid of the doctor.
1012
01:18:32,249 --> 01:18:34,793
You object once, so we can say
he's not a criminologist.
1013
01:18:35,002 --> 01:18:38,296
You keep after it, our cross looks like
a bunch of fancy lawyer tricks.
1014
01:18:38,547 --> 01:18:41,716
It's the difference between
paper law and trial law!
1015
01:18:41,967 --> 01:18:45,387
-The judge called him an expert!
-Sam, she made a mistake.
1016
01:18:45,554 --> 01:18:47,222
Let's not relive it.
1017
01:18:48,974 --> 01:18:53,436
I'm gonna go call my wife.
I'll see you tonight.
1018
01:18:54,814 --> 01:18:59,401
-Why do you hate them so much?
-They beat up on a weakling.
1019
01:18:59,568 --> 01:19:02,654
The rest is this just
smoke-filled-coffeehouse crap.
1020
01:19:02,822 --> 01:19:05,907
They tortured and tormented
a weaker kid!
1021
01:19:06,075 --> 01:19:08,743
They didn't like him, so they killed him.
Why?
1022
01:19:08,911 --> 01:19:10,954
Because he couldn't run very fast!
1023
01:19:11,122 --> 01:19:16,668
-Everybody take the night off.
-I'm sorry...
1024
01:19:16,836 --> 01:19:23,007
We've been working 20 hours a day.
Go see your wife and daughter.
1025
01:19:23,175 --> 01:19:30,181
Jo, go do.... Whatever it is you do
when you're not here.
1026
01:19:30,433 --> 01:19:32,767
-What day is tomorrow?
-Saturday.
1027
01:19:32,935 --> 01:19:34,936
We'll start at 10.
1028
01:19:38,941 --> 01:19:42,026
Why do you like them so much?
1029
01:19:45,489 --> 01:19:49,617
Because they stand on a wall and say,
“Nothing's gonna hurt you tonight.
1030
01:19:49,785 --> 01:19:51,661
Not on my watch.”
1031
01:19:56,750 --> 01:20:01,171
Don't worry about the doctor.
This trial starts Monday.
1032
01:20:28,782 --> 01:20:32,076
I'm sorry to bother you.
I should have called first.
1033
01:20:32,244 --> 01:20:37,624
No, I was just watching the ball game.
Come on in.
1034
01:20:51,347 --> 01:20:56,893
I was wondering how you'd feel
if I took you to dinner tonight?
1035
01:20:57,061 --> 01:20:59,938
-Are you asking me out on a date?
-No.
1036
01:21:00,105 --> 01:21:02,065
-It sounded like you were.
-I wasn't.
1037
01:21:02,233 --> 01:21:05,109
I've been asked out before,
and that's what it sounded like.
1038
01:21:06,237 --> 01:21:09,280
Do you like seafood?
I know a good seafood place.
1039
01:21:09,448 --> 01:21:10,949
Okay.
1040
01:21:17,456 --> 01:21:20,625
My third case was a “drunk
and disorderly”. It lasted nine weeks.
1041
01:21:20,793 --> 01:21:23,461
I rounded up 31 people
from the bar that night.
1042
01:21:23,629 --> 01:21:26,965
Nine weeks on a D and D?
What was the prosecutor offering?
1043
01:21:27,132 --> 01:21:29,592
Fifteen days.
1044
01:21:31,428 --> 01:21:33,429
You sure hustled the shit out of him.
1045
01:21:33,597 --> 01:21:35,723
After that, I got shifted
to Internal Affairs.
1046
01:21:35,891 --> 01:21:36,891
Tough to blame them.
1047
01:21:37,059 --> 01:21:41,729
Where I have earned two medals
and two letters of commendation.
1048
01:21:42,147 --> 01:21:44,816
Why are you always
giving me your résumé?
1049
01:21:48,821 --> 01:21:52,740
-I want you to think I'm a good lawyer.
-I do.
1050
01:21:52,992 --> 01:21:54,993
No, you don't.
1051
01:21:58,539 --> 01:22:06,129
I think you're an exceptional lawyer.
The court members respond to you.
1052
01:22:06,297 --> 01:22:11,509
I see you convince them. Dawson
and Downey will owe you their lives.
1053
01:22:15,222 --> 01:22:17,890
Jo, I think....
1054
01:22:18,809 --> 01:22:22,478
I think you should prepare yourself
for the fact we're gonna lose.
1055
01:22:22,688 --> 01:22:26,024
Ross's opening statement was all true.
1056
01:22:26,191 --> 01:22:28,693
Let's pretend it would matter
to the court...
1057
01:22:28,861 --> 01:22:30,945
...that the guys were given an order.
1058
01:22:31,113 --> 01:22:33,615
I can't prove it ever happened.
1059
01:22:33,782 --> 01:22:36,284
We'll keep doing what we're doing
and put on a show...
1060
01:22:36,452 --> 01:22:41,664
...but all we have is the testimony of
two people accused of murder.
1061
01:22:42,916 --> 01:22:49,464
-We'll find Markinson.
-Jo, we're gonna lose, and lose huge.
1062
01:22:52,801 --> 01:22:57,889
Corporal Barnes, Windward Barracks,
Guantánamo Bay, Cuba.
1063
01:22:58,057 --> 01:23:02,352
Name some reasons why a Marine
would receive a Code Red.
1064
01:23:02,519 --> 01:23:05,688
Being late for platoon
or company meetings...
1065
01:23:05,856 --> 01:23:09,817
...keeping barracks in disorder,
falling back on a run....
1066
01:23:09,985 --> 01:23:12,362
-Have you ever received a Code Red?
-Yes, sir.
1067
01:23:12,529 --> 01:23:15,990
I dropped my weapon in a drill.
1068
01:23:16,158 --> 01:23:23,081
It was over 100 degrees. My palms
were sweaty and I hadn't used resin.
1069
01:23:23,248 --> 01:23:28,002
-What happened?
-The guys threw a blanket over me.
1070
01:23:28,170 --> 01:23:33,466
They punched me on the arms
and poured glue on my hands.
1071
01:23:33,634 --> 01:23:38,596
And it worked.
I ain't never dropped my weapon since.
1072
01:23:38,847 --> 01:23:42,517
-Was Private Santiago ever late?
-Yes, sir.
1073
01:23:42,685 --> 01:23:45,395
-Was his barracks ever in disorder?
-Yes, sir.
1074
01:23:45,562 --> 01:23:47,980
-Did he ever fall back on a run?
-All the time.
1075
01:23:48,148 --> 01:23:53,277
Did he ever, prior to September 6th,
receive a Code Red?
1076
01:23:53,445 --> 01:23:54,737
No, sir.
1077
01:23:54,947 --> 01:23:56,864
-Never?
-No, sir.
1078
01:23:58,492 --> 01:24:00,952
You got a Code Red because
your palms were sweaty.
1079
01:24:01,120 --> 01:24:04,789
Why didn't Santiago,
this burden to his unit, ever get one?
1080
01:24:06,625 --> 01:24:11,713
-Dawson wouldn't allow it, sir.
-Dawson wouldn't allow it.
1081
01:24:11,880 --> 01:24:17,468
The guys talked tough about Santiago,
but they were too afraid of Dawson.
1082
01:24:17,636 --> 01:24:19,971
Object. Witness is speculating.
1083
01:24:20,139 --> 01:24:23,307
Did you want to give Santiago
a Code Red?
1084
01:24:23,475 --> 01:24:24,559
Yes, sir.
1085
01:24:24,727 --> 01:24:28,646
-Why didn't you?
-Because Dawson would kick my butt.
1086
01:24:28,814 --> 01:24:34,110
Good enough. Captain Ross is gonna
will ask you some questions.
1087
01:24:34,278 --> 01:24:36,863
Corporal Barnes...
1088
01:24:37,030 --> 01:24:41,325
...I hold here the Marine Recruit
Outline. Are you familiar with it?
1089
01:24:41,493 --> 01:24:43,494
-Have you read it? Good.
-Yes, sir.
1090
01:24:43,662 --> 01:24:47,832
Turn to the chapter that deals
with Code Reds, please.
1091
01:24:48,625 --> 01:24:53,004
-Sir?
-Just flip to the page with Code Reds.
1092
01:24:55,090 --> 01:25:00,511
Well, “Code Red” is a term that we use
down at Gitmo. I don't know if it's--
1093
01:25:00,679 --> 01:25:02,930
Oh, we're in luck, then.
1094
01:25:06,101 --> 01:25:08,770
“Standard Operating Procedure,
Rifle Security Company...
1095
01:25:08,937 --> 01:25:10,605
...Guantánamo Bay, Cuba.”
1096
01:25:10,773 --> 01:25:14,484
I assume we'll find “Code Red”
in there?
1097
01:25:14,651 --> 01:25:16,444
-No, sir.
-No?
1098
01:25:16,612 --> 01:25:22,617
I'm a Marine. Is there no book,
no set of orders or regulations...
1099
01:25:22,785 --> 01:25:27,121
...telling me that one of my duties
is to perform Code Reds?
1100
01:25:27,956 --> 01:25:30,625
No, sir. No book, sir.
1101
01:25:30,793 --> 01:25:33,461
No further questions.
1102
01:25:34,880 --> 01:25:39,717
Would you turn to the page that says
where the mess hall is, please?
1103
01:25:39,885 --> 01:25:42,887
Lieutenant Kaffee,
that's not in the book, sir.
1104
01:25:44,556 --> 01:25:50,603
-You mean you've never had a meal?
-No, sir. Three squares a day, sir.
1105
01:25:51,396 --> 01:25:56,150
I don't understand. How did you find
the mess hall if it's not in this book?
1106
01:25:58,779 --> 01:26:05,076
-I guess I just followed the crowd.
-No more questions.
1107
01:26:05,244 --> 01:26:08,830
-Corporal Barnes, you may step down.
-Thank you, sir.
1108
01:26:14,503 --> 01:26:17,129
Seven tonight,
we'll do a final Kendrick review.
1109
01:26:17,297 --> 01:26:19,882
I wanna slam-dunk this guy.
1110
01:26:31,436 --> 01:26:35,731
-Hey, Luther.
-Admiral! How's the big case going?
1111
01:26:35,899 --> 01:26:38,484
-Nose to the grindstone.
-No flies on you.
1112
01:26:38,735 --> 01:26:40,570
Rolling stone gathers no moss.
1113
01:26:40,821 --> 01:26:43,489
Well, it ain't over till the fat lady sings.
1114
01:26:43,657 --> 01:26:45,616
You can say that again.
1115
01:26:46,201 --> 01:26:49,954
-It ain't over till the fat lady sings.
-Till the fat lady sings.
1116
01:26:50,122 --> 01:26:52,290
I walked into that one.
1117
01:27:03,886 --> 01:27:09,307
-Jesus Christ!
-You left the door unlocked.
1118
01:27:09,474 --> 01:27:12,268
-You scared the shit out of me.
-Just keep driving.
1119
01:27:12,519 --> 01:27:14,312
Are you aware you're under subpoena?
1120
01:27:14,479 --> 01:27:18,190
Yes. I'm also aware the lives
of two Marines are in your hands.
1121
01:27:18,358 --> 01:27:20,484
If I could do something about that,
I would.
1122
01:27:20,652 --> 01:27:22,778
Since I can't, all I can do is help you.
1123
01:27:22,946 --> 01:27:25,239
-What do you know?
-I know everything.
1124
01:27:25,449 --> 01:27:27,742
-Was it a Code Red?
-Yes.
1125
01:27:27,993 --> 01:27:29,994
-Did Kendrick give the order?
-Yes.
1126
01:27:30,162 --> 01:27:32,079
Did you witness it? Did you witness it?
1127
01:27:32,247 --> 01:27:33,664
-No.
-Then how do you know?
1128
01:27:33,832 --> 01:27:35,499
-I know.
-Yeah, you know shit.
1129
01:27:35,667 --> 01:27:37,960
He was never gonna be transferred
off that base.
1130
01:27:43,926 --> 01:27:47,178
Jessep was gonna keep him on
the base, said he wanted him “trained.”
1131
01:27:47,346 --> 01:27:49,847
-You signed the transfer order.
-Yeah, I know.
1132
01:27:50,015 --> 01:27:55,394
I signed them when you got to Cuba,
five days after Santiago's death.
1133
01:27:57,648 --> 01:28:04,570
I'll get you immunity. In about four days
you can tell the court what you told me.
1134
01:28:04,738 --> 01:28:08,950
Right now I'll check you into a motel.
We're gonna start from the beginning.
1135
01:28:09,117 --> 01:28:12,870
I don't want a deal,
and I don't want immunity.
1136
01:28:13,038 --> 01:28:19,293
I'm not proud of what I have done,
nor of what I am doing.
1137
01:28:20,587 --> 01:28:22,463
-Where is he?
-The Downtown Lodge.
1138
01:28:22,631 --> 01:28:24,715
-I want him guarded.
-That's a good idea.
1139
01:28:24,883 --> 01:28:27,385
-My clearance code is 4115273.
-Clearance code?
1140
01:28:28,220 --> 01:28:29,887
I don't have a clearance code. You?
1141
01:28:30,055 --> 01:28:32,139
It's Galloway.
I need to secure a witness.
1142
01:28:32,307 --> 01:28:35,476
He also said Jessep's lying about
transportation off the base.
1143
01:28:35,644 --> 01:28:38,479
Jessep said that 6 the next morning
was the first flight.
1144
01:28:38,647 --> 01:28:41,899
Markinson says there was one
that left seven hours earlier.
1145
01:28:42,067 --> 01:28:45,027
-That was impressive. You hear that?
-Yeah.
1146
01:28:45,195 --> 01:28:47,738
Sam, isn't there a record of flights?
1147
01:28:47,906 --> 01:28:50,574
You need the tower chief's log
from Gitmo.
1148
01:28:50,742 --> 01:28:52,368
-Get it.
-We're gonna win.
1149
01:28:52,536 --> 01:28:55,997
Jo, don't get crazy. We don't
know Markinson, or the log book.
1150
01:28:56,164 --> 01:28:59,333
You concentrate on Downey,
I'll talk to Ross.
1151
01:29:04,381 --> 01:29:09,635
Hey, Danny. Nice work today.
The redirect on Barnes.
1152
01:29:09,803 --> 01:29:14,056
-I have Markinson.
-Where is he?
1153
01:29:14,224 --> 01:29:18,436
Motel room in Northeast, six marshals
outside the door. Take a sip.
1154
01:29:18,603 --> 01:29:20,896
The transfer Markinson signed
is phony.
1155
01:29:21,064 --> 01:29:24,483
And Jessep lied about the first flight.
We're getting the log.
1156
01:29:24,651 --> 01:29:26,110
-Can I get you something?
-Beer.
1157
01:29:26,695 --> 01:29:29,572
In the meantime,
I'm gonna put Kendrick on the stand...
1158
01:29:29,740 --> 01:29:31,574
...and have some fun.
1159
01:29:31,742 --> 01:29:36,662
If you accuse Kendrick or Jessep
of any crime without evidence...
1160
01:29:36,830 --> 01:29:39,457
...you'll be court-martialled
for misconduct...
1161
01:29:39,624 --> 01:29:44,045
...and that's gonna be stapled to
every job application you ever fill out.
1162
01:29:45,839 --> 01:29:49,633
Markinson won't hold up,
he's a crazy man.
1163
01:29:49,801 --> 01:29:52,970
I'm not saying this to intimidate you,
I'm being your lawyer here.
1164
01:29:53,138 --> 01:29:56,974
Thanks. And I wanna tell you I think the
whole fucking bunch of you are insane.
1165
01:29:57,142 --> 01:29:59,560
This code of honor makes me
wanna beat someone!
1166
01:29:59,728 --> 01:30:03,481
Don't you dare lump me in
with Kendrick and Jessep.
1167
01:30:03,648 --> 01:30:08,611
I'm your friend. Your clients don't
belong in jail, but it's not my decision.
1168
01:30:08,779 --> 01:30:13,157
I represent the U.S. government
without passion or prejudice...
1169
01:30:13,325 --> 01:30:16,243
-...and my client has a case.
-Here you go.
1170
01:30:20,290 --> 01:30:23,542
I want you to acknowledge that the
judge advocate has made you aware...
1171
01:30:23,710 --> 01:30:28,255
...of the consequences of accusing
a Marine officer without evidence.
1172
01:30:29,091 --> 01:30:30,966
I've been so advised.
1173
01:30:35,222 --> 01:30:42,103
You got bullied into that courtroom.
By everyone. By Dawson. By Galloway.
1174
01:30:42,270 --> 01:30:44,522
Shit, I practically dared you.
1175
01:30:45,941 --> 01:30:51,278
You got bullied into that courtroom
by the memory of a dead lawyer.
1176
01:30:55,450 --> 01:31:00,454
You're a lousy fucking
softball player, Jack!
1177
01:31:01,957 --> 01:31:07,503
Your boys are going down, Danny.
I can't stop it anymore.
1178
01:31:11,466 --> 01:31:16,846
-Was Santiago a good Marine?
-I'd say he was average.
1179
01:31:17,013 --> 01:31:23,936
Your proficiency and conduct reports
all indicate he was below average.
1180
01:31:27,524 --> 01:31:31,277
Yes, he was below average.
1181
01:31:31,444 --> 01:31:34,238
I did not see the need
to trample on his grave.
1182
01:31:35,407 --> 01:31:37,408
We appreciate it,
but you're under oath.
1183
01:31:37,576 --> 01:31:40,161
I think we'd all like to hear the truth.
1184
01:31:40,328 --> 01:31:42,079
I'm aware of my oath.
1185
01:31:42,247 --> 01:31:44,999
These are the last three
pro-con reports you signed...
1186
01:31:45,167 --> 01:31:47,293
...for Lance Corporal Dawson.
1187
01:31:47,460 --> 01:31:53,549
He rated exceptional twice,
but on June 9th he's below average.
1188
01:31:53,717 --> 01:31:57,595
-I'd like to discuss that.
-That would be fine.
1189
01:31:57,762 --> 01:32:01,348
Dawson's ranking after
the School of Infantry was perfect.
1190
01:32:01,516 --> 01:32:06,729
But unlike most of his class,
he hasn't been promoted.
1191
01:32:06,897 --> 01:32:11,775
-Was this report the reason?
-I'm sure it was.
1192
01:32:11,943 --> 01:32:16,238
-Do you recall why he got this grade?
-I'm sure I don't.
1193
01:32:16,406 --> 01:32:20,117
I have many men in my charge.
I write many reports.
1194
01:32:20,285 --> 01:32:25,956
Do you recall an incident
involving a PFC Curtis Bell...
1195
01:32:26,124 --> 01:32:28,751
...stealing liquor
from the officers' club?
1196
01:32:29,044 --> 01:32:30,753
Yes, I do.
1197
01:32:30,921 --> 01:32:35,049
Did you report Private Bell
to the proper authorities?
1198
01:32:35,217 --> 01:32:37,259
I have two books at my bedside:
1199
01:32:37,427 --> 01:32:40,221
the Marine Code
and the King James Bible.
1200
01:32:40,388 --> 01:32:45,851
The only proper authorities I'm
aware of are Colonel Jessep and God.
1201
01:32:47,395 --> 01:32:52,733
Then you don't recognize this court
as a proper authority?
1202
01:32:52,901 --> 01:32:57,780
-Objection. Argumentative.
-Sustained. Watch yourself.
1203
01:32:57,948 --> 01:33:03,744
-Did you report Private Bell?
-I thought very highly of him.
1204
01:33:03,912 --> 01:33:06,664
I didn't want his record tarnished
by a charge.
1205
01:33:07,749 --> 01:33:10,668
You preferred it be handled in the unit?
1206
01:33:12,462 --> 01:33:14,338
Yes, I most certainly did.
1207
01:33:15,382 --> 01:33:18,801
-Do you know what a Code Red is?
-Yes, I do.
1208
01:33:18,969 --> 01:33:22,096
-Have you ever ordered one?
-No, I have not.
1209
01:33:22,264 --> 01:33:28,519
Did you order that Private Bell receive
no food or drink except water...
1210
01:33:28,687 --> 01:33:30,771
...for a period of seven days?
1211
01:33:30,939 --> 01:33:35,526
You're distorting the truth.
He was on barracks restriction.
1212
01:33:35,694 --> 01:33:42,658
He was given water and vitamins.
His health was never in danger.
1213
01:33:42,867 --> 01:33:48,205
I'm sure it was lovely for him.
But you did order the restriction.
1214
01:33:48,373 --> 01:33:52,459
-You denied him food?
-Yes, I did.
1215
01:33:52,627 --> 01:33:59,049
-Wouldn't this be called a Code Red?
-No.
1216
01:33:59,217 --> 01:34:02,845
Would the other 478 Marines
at Guantánamo...
1217
01:34:03,013 --> 01:34:04,555
...consider it a Code Red?
1218
01:34:04,723 --> 01:34:09,184
The witness can't testify as to
what 478 other men would say.
1219
01:34:09,352 --> 01:34:15,566
These questions are argumentative,
and irrelevant badgering of the witness.
1220
01:34:15,734 --> 01:34:19,403
Sustained. And I would remind you...
1221
01:34:19,571 --> 01:34:23,574
...that you're questioning an officer
with an impeccable service record.
1222
01:34:23,742 --> 01:34:25,326
Thank you, Your Honor.
1223
01:34:26,202 --> 01:34:32,916
Was Dawson rated below average
for sneaking food to Private Bell?
1224
01:34:33,084 --> 01:34:36,420
-Object!
-Not so fast. Lieutenant?
1225
01:34:38,089 --> 01:34:45,220
Dawson was given a below average
rating for committing a crime.
1226
01:34:45,388 --> 01:34:49,558
Crime? What crime did he commit?
1227
01:34:50,352 --> 01:34:56,523
Lieutenant Kendrick, Dawson
brought a hungry guy some food.
1228
01:34:56,691 --> 01:35:01,779
-What crime did he commit?
-He disobeyed an order.
1229
01:35:01,946 --> 01:35:07,493
And because he made a decision about
the welfare of a Marine...
1230
01:35:07,660 --> 01:35:11,121
...that conflicted with your order,
he was punished, right?
1231
01:35:11,289 --> 01:35:14,750
Lance Corporal Dawson
disobeyed an order!
1232
01:35:14,918 --> 01:35:19,671
It wasn't a real order, was it?
After all, it's peacetime.
1233
01:35:19,839 --> 01:35:22,966
He wasn't asked
to advance on a beachhead.
1234
01:35:23,134 --> 01:35:27,471
Surely a Marine
of Dawson's intelligence...
1235
01:35:27,639 --> 01:35:30,474
...can be trusted to
distinguish important orders...
1236
01:35:30,642 --> 01:35:34,603
...from those that might be
morally questionable?
1237
01:35:35,980 --> 01:35:39,775
Lieutenant Kendrick? Can he?
1238
01:35:39,943 --> 01:35:43,404
Can Dawson determine on his own
which orders to follow?
1239
01:35:43,571 --> 01:35:45,155
No, he cannot.
1240
01:35:45,323 --> 01:35:47,950
A lesson he learned
after the Bell incident.
1241
01:35:48,118 --> 01:35:50,452
-I would think so.
-You know so, don't you?
1242
01:35:50,662 --> 01:35:52,663
-Object!
-Sustained.
1243
01:35:55,166 --> 01:35:57,876
Lieutenant Kendrick,
one final question.
1244
01:35:58,878 --> 01:36:02,256
If you had ordered Dawson
to give Santiago a Code Red...
1245
01:36:02,424 --> 01:36:06,510
-I ordered them not to touch him!
-...would he dare disobey you again?
1246
01:36:06,678 --> 01:36:10,681
-Lieutenant, don't answer that!
-You don't have to. I'm through.
1247
01:36:11,141 --> 01:36:18,856
Did you order Dawson and Downey
to give Willy Santiago a Code Red?
1248
01:36:20,275 --> 01:36:24,611
-Lieutenant Kendrick, did you--?
-No, I did not.
1249
01:36:28,533 --> 01:36:31,410
-What's the word?
-Well...
1250
01:36:31,578 --> 01:36:35,038
...I got the tower chief's log.
Jessep's telling the truth.
1251
01:36:35,206 --> 01:36:38,375
-Six a.m. flight was the first plane.
-Let me see this.
1252
01:36:49,512 --> 01:36:54,141
-Working late tonight, lieutenant?
-Oh, yeah.
1253
01:36:56,978 --> 01:37:00,606
There was no flight at 11:00!
What the fuck are you trying to pull?!
1254
01:37:00,773 --> 01:37:07,779
The first flight left at 23:00.
It arrived at Andrews at 2 a.m.
1255
01:37:07,947 --> 01:37:11,074
Really? Then why isn't it listed
in the tower chief's log?
1256
01:37:13,077 --> 01:37:18,916
-Jessep.
-What? He fixed the logbook?
1257
01:37:19,083 --> 01:37:22,669
Maybe he can make it so it didn't
take off, but I can prove it landed.
1258
01:37:22,837 --> 01:37:25,297
I'll get the logbook from Andrews.
1259
01:37:25,465 --> 01:37:30,260
-You won't find anything.
-He can make a flight disappear?
1260
01:37:30,887 --> 01:37:32,804
Nathan Jessep is
about to be appointed...
1261
01:37:32,972 --> 01:37:34,932
...to the National Security Council.
1262
01:37:35,099 --> 01:37:38,894
You don't get there without knowing
how to sidestep a few landmines.
1263
01:37:39,062 --> 01:37:41,480
He won't be able to sidestep you.
1264
01:37:42,023 --> 01:37:44,274
You still intend
to put me on the stand?
1265
01:37:44,442 --> 01:37:47,277
Thursday morning. Ten o'clock.
1266
01:37:51,866 --> 01:37:55,619
There's gotta be someone
who can testify to the flight.
1267
01:37:55,787 --> 01:38:01,917
This isn't TWA. You know how many
planes take off and land every day?
1268
01:38:02,085 --> 01:38:04,920
The ground crew isn't gonna
remember it.
1269
01:38:05,088 --> 01:38:06,255
Well, how do you know--
1270
01:38:06,506 --> 01:38:08,674
Forget the flight. Forget the flight.
1271
01:38:08,925 --> 01:38:13,679
Markinson will testify that
the transfer was forged.
1272
01:38:13,846 --> 01:38:17,599
That and Downey's testimony
really ought to be enough.
1273
01:38:23,356 --> 01:38:27,317
Why did you go into Santiago's room
on the night of the 6th?
1274
01:38:27,485 --> 01:38:32,656
-To give him a Code Red.
-And why did you do that?
1275
01:38:33,241 --> 01:38:37,828
I was ordered to
by the platoon commander...
1276
01:38:37,996 --> 01:38:40,455
...Lieutenant
Jonathan James Kendrick.
1277
01:38:41,624 --> 01:38:43,667
You're gonna do fine.
1278
01:38:45,837 --> 01:38:51,508
-Think we can rejoin the platoon soon?
-Absolutely.
1279
01:38:54,804 --> 01:39:00,225
Remember the order of the questions?
Are you sure? And use small words.
1280
01:39:00,393 --> 01:39:02,185
-Just go slow.
-I'm gonna go slow.
1281
01:39:02,437 --> 01:39:06,148
Okay. And get him off
as fast as you can.
1282
01:39:06,399 --> 01:39:08,775
What? It's gonna be fine.
1283
01:39:11,571 --> 01:39:17,367
Dear Mr. and Mrs. Santiago,
l was William's executive officer.
1284
01:39:17,535 --> 01:39:20,871
I knew your son vaguely,
which is to say I knew his name.
1285
01:39:21,873 --> 01:39:26,793
Soon, the trial of the two men charged
with his death will be concluded...
1286
01:39:26,961 --> 01:39:33,342
...and the jury will try to offer you
an explanation as to why he's dead.
1287
01:39:33,509 --> 01:39:37,346
For my part, I've done as much
as I can to bring the truth to light.
1288
01:39:37,513 --> 01:39:39,222
And the truth is this:
1289
01:39:39,390 --> 01:39:41,892
Your son is dead for only one reason...
1290
01:39:42,268 --> 01:39:44,895
...I wasn't strong enough to stop it.
1291
01:39:45,063 --> 01:39:49,024
Always, Lieutenant Colonel
Matthew Andrew Markinson...
1292
01:39:49,192 --> 01:39:50,901
...United States Marine Corps.
1293
01:39:56,199 --> 01:39:59,826
Private, I want you to tell us
one last time:
1294
01:39:59,994 --> 01:40:05,916
Why did you go to Santiago's room
on the night of September 6th?
1295
01:40:06,084 --> 01:40:10,379
A Code Red was ordered
by Platoon Commander Kendrick.
1296
01:40:10,546 --> 01:40:14,424
Thank you. Your witness.
1297
01:40:18,930 --> 01:40:22,015
The week of 2 September,
the switch log...
1298
01:40:22,183 --> 01:40:25,936
...has you down at Post 39
until 16:00. Right?
1299
01:40:26,104 --> 01:40:32,609
-They keep that log pretty good.
-How far is Post 39 from barracks?
1300
01:40:32,777 --> 01:40:38,990
-It's a ways, sir. It's a hike.
-About how far by jeep?
1301
01:40:40,576 --> 01:40:42,536
About 10, 15 minutes, sir.
1302
01:40:42,704 --> 01:40:46,623
-You ever had to walk it?
-Yes, sir, that day. Friday.
1303
01:40:46,791 --> 01:40:51,712
The pickup private-- That's what
we call the guy that drops us off.
1304
01:40:51,879 --> 01:40:55,841
Also because he can get the girls
in New York City.
1305
01:40:56,008 --> 01:41:03,056
--he got a flat tire at Post 39,
so we had to jog back to barracks.
1306
01:41:03,224 --> 01:41:09,938
And if it's 10 or 15 minutes by jeep,
it must be an hour by foot, right?
1307
01:41:10,106 --> 01:41:16,027
-We did it in 45 flat, sir.
-Not bad.
1308
01:41:16,195 --> 01:41:22,617
You've said your assault on Santiago
was ordered by Lieutenant Kendrick...
1309
01:41:22,785 --> 01:41:27,622
...in your barracks room at 16:20,
am I right?
1310
01:41:27,790 --> 01:41:28,957
Yes, sir.
1311
01:41:29,125 --> 01:41:34,171
You said you weren't back
before 16:45.
1312
01:41:34,338 --> 01:41:35,589
Sir?
1313
01:41:35,757 --> 01:41:39,509
If you weren't back till 16:45...
1314
01:41:39,677 --> 01:41:42,012
...how could you be in your room
at 16:20?
1315
01:41:42,764 --> 01:41:45,849
Well, you see, sir,
there was a blow-out....
1316
01:41:46,017 --> 01:41:47,851
Did you ever actually hear...
1317
01:41:48,019 --> 01:41:49,853
...Lieutenant Kendrick order
a Code Red?
1318
01:41:50,021 --> 01:41:52,189
Well, Hal said that--
1319
01:41:52,356 --> 01:41:54,274
Did you ever actually hear...
1320
01:41:54,442 --> 01:41:57,027
...Lieutenant Kendrick order
a Code Red?
1321
01:41:58,070 --> 01:42:02,157
-No, sir.
-I'd like to request a recess.
1322
01:42:02,325 --> 01:42:06,369
-The witness has rights!
-He has been read his rights.
1323
01:42:06,537 --> 01:42:07,954
The question will be repeated.
1324
01:42:08,206 --> 01:42:13,460
Why did you go to Santiago's room?
Did Dawson tell you to?
1325
01:42:13,628 --> 01:42:17,214
-Don't look at him!
-Answer the captain's question.
1326
01:42:20,551 --> 01:42:25,722
Yes. I was given an order by
Lance Corporal Dawson...
1327
01:42:25,890 --> 01:42:27,641
...and I followed it.
1328
01:42:49,247 --> 01:42:52,123
Where do you think he is?
1329
01:42:52,917 --> 01:42:56,127
As far as Downey was concerned,
it was an order from Kendrick.
1330
01:42:56,295 --> 01:42:59,631
It doesn't matter that
he didn't hear firsthand.
1331
01:43:05,137 --> 01:43:09,891
-Danny, I'm sorry.
-Don't worry about it.
1332
01:43:10,059 --> 01:43:13,228
All we need to do is call
some witnesses...
1333
01:43:13,396 --> 01:43:15,188
...to talk about implied orders...
1334
01:43:15,356 --> 01:43:18,108
...or call Downey back before
we get to Dawson.
1335
01:43:18,776 --> 01:43:23,613
Maybe we could get Dawson charged
with the Kennedy assassination?
1336
01:43:26,784 --> 01:43:33,290
-Are you drunk?
-Pretty much. Yeah.
1337
01:43:34,166 --> 01:43:37,627
I'll put on a pot of coffee.
We've got a long night's work ahead.
1338
01:43:38,796 --> 01:43:44,259
She's gonna make coffee?
That's nice.
1339
01:43:48,180 --> 01:43:54,394
Downey wasn't in his room.
He wasn't even there.
1340
01:43:54,562 --> 01:43:59,357
That was important information,
don't you think?
1341
01:44:00,109 --> 01:44:04,696
Danny, it was a setback.
And I'm sorry.
1342
01:44:04,864 --> 01:44:08,950
But we fix it and move on to Markinson.
1343
01:44:09,118 --> 01:44:10,619
Markinson's dead.
1344
01:44:16,542 --> 01:44:20,879
You really got to hand it
to those federal marshals, boy.
1345
01:44:21,047 --> 01:44:23,423
He didn't hang himself
by his shoelaces...
1346
01:44:23,591 --> 01:44:27,177
...or slash his wrists
with a butter knife.
1347
01:44:29,388 --> 01:44:36,144
This guy got into full dress uniform,
drew a nickel-plated pistol...
1348
01:44:36,312 --> 01:44:38,813
...and fired a bullet into his mouth.
1349
01:44:42,693 --> 01:44:47,322
Anyway, since we're out of witnesses,
I thought I'd drink a little.
1350
01:44:47,490 --> 01:44:52,535
-I still think we can win.
-Maybe you should drink a little.
1351
01:44:52,787 --> 01:44:57,624
In the morning, we'll ask Randolph
for a continuance, 24 hours.
1352
01:44:57,792 --> 01:45:00,961
-Why would we do that?
-To subpoena Colonel Jessep.
1353
01:45:02,046 --> 01:45:03,755
-What?
-Listen for a second.
1354
01:45:03,923 --> 01:45:06,675
No! I won't listen.
1355
01:45:06,842 --> 01:45:09,427
Your passion is compelling,
but useless.
1356
01:45:09,595 --> 01:45:13,515
Louden Downey
needed a trial lawyer today.
1357
01:45:15,810 --> 01:45:20,105
You chickenshit.
You just want an excuse to give up.
1358
01:45:21,273 --> 01:45:23,149
It's over.
1359
01:45:23,317 --> 01:45:25,652
Why did you ask Jessep
for the transfer order?
1360
01:45:25,820 --> 01:45:28,446
-In Cuba, why did you ask him?
-What does it matter?
1361
01:45:28,614 --> 01:45:31,199
-I wanted the damn transfer order!
-Bullshit!
1362
01:45:31,367 --> 01:45:34,744
You could have gotten it by calling
any one of a dozen departments.
1363
01:45:34,912 --> 01:45:39,582
You didn't want the order.
You wanted to see Jessep's reaction.
1364
01:45:39,750 --> 01:45:42,711
You had an instinct
and it was confirmed by Markinson.
1365
01:45:42,878 --> 01:45:45,714
Now let's put Jessep on the stand
and end this thing.
1366
01:45:45,881 --> 01:45:52,178
-What possible good would that do?
-He ordered the Code Red.
1367
01:45:52,346 --> 01:45:58,643
He did? That's great!
And of course, you have proof?
1368
01:45:58,811 --> 01:46:02,939
I'm sorry, I forgot.
You were sick that day at law school.
1369
01:46:03,107 --> 01:46:05,442
You put him on the stand
and get it from him.
1370
01:46:05,609 --> 01:46:09,821
We get it from him!
Yes, no problem. We get it from him.
1371
01:46:09,989 --> 01:46:14,200
Colonel Jessep, isn't it true you
ordered the Code Red on Santiago?
1372
01:46:14,368 --> 01:46:18,455
I'm sorry, time's run out!
What do we have for the losers, judge?
1373
01:46:18,622 --> 01:46:22,834
“Well, for the defendants,
it's life at exotic Fort Leavenworth!
1374
01:46:23,002 --> 01:46:28,757
And for Defense Counsel Kaffee,
that's right, it's a court-martial!
1375
01:46:28,924 --> 01:46:34,345
After falsely accusing a decorated
officer of conspiracy and perjury...
1376
01:46:34,513 --> 01:46:38,016
...Lieutenant Kaffee will have
a long and prosperous career...
1377
01:46:38,184 --> 01:46:43,271
...teaching typewriter maintenance
at a women's school!
1378
01:46:43,439 --> 01:46:49,652
Thank you for playing Follow the
Advice of the Galactically Stupid!”
1379
01:47:11,467 --> 01:47:14,636
I'm sorry I lost you
your set of steak knives.
1380
01:47:31,612 --> 01:47:35,281
Stop cleaning up.
1381
01:47:37,201 --> 01:47:41,412
Sam, stop cleaning up.
1382
01:47:49,004 --> 01:47:54,008
-You want a drink?
-Yeah.
1383
01:48:10,067 --> 01:48:13,111
-Is your father proud of you?
-Don't do this to yourself.
1384
01:48:13,279 --> 01:48:15,029
I'll bet he is.
1385
01:48:15,906 --> 01:48:19,117
I'll bet he bores the shit out of
the neighbors and relatives.
1386
01:48:19,285 --> 01:48:21,703
“Sam's made law review.
1387
01:48:21,871 --> 01:48:27,959
He's got a big case he's making.
He's making an argument.”
1388
01:48:32,381 --> 01:48:38,261
I think my father would have enjoyed
seeing me graduate from law school.
1389
01:48:40,222 --> 01:48:44,309
I think he would have liked that a lot.
1390
01:48:45,394 --> 01:48:48,396
I ever tell you I wrote a paper
about your father in college?
1391
01:48:49,398 --> 01:48:50,899
Yeah?
1392
01:48:51,567 --> 01:48:56,946
-One of the best trial lawyers ever.
-Yes, he was.
1393
01:48:57,198 --> 01:49:02,243
But if I were Dawson and Downey,
and had to choose you or him...
1394
01:49:02,411 --> 01:49:05,455
...I'd choose you any day of the week,
and twice on Sunday.
1395
01:49:06,123 --> 01:49:09,626
You should have seen yourself
thunder away at Kendrick.
1396
01:49:12,087 --> 01:49:16,799
-Would you put Jessep on the stand?
-No.
1397
01:49:17,426 --> 01:49:22,347
Do you think my father would have?
-With the evidence we got?
1398
01:49:22,514 --> 01:49:25,308
Not in a million years.
1399
01:49:25,476 --> 01:49:29,020
But here's the thing,
and we can't get around this:
1400
01:49:29,188 --> 01:49:31,105
Neither Lionel Kaffee nor
Sam Weinberg...
1401
01:49:31,273 --> 01:49:36,361
...are lead counsel for the defense
in U.S. v. Dawson and Downey.
1402
01:49:36,528 --> 01:49:40,990
So there's really only one question:
What would you do?
1403
01:49:49,375 --> 01:49:53,753
Jo. Joanne! Jo, get in the car.
1404
01:49:53,921 --> 01:49:57,298
Joanne, please get in the car! Look....
1405
01:49:58,759 --> 01:50:02,929
JoAnne! I apologize. I was angry.
1406
01:50:03,097 --> 01:50:05,682
I'm sorry about what I said.
1407
01:50:05,849 --> 01:50:09,936
I'm gonna put Jessep on the stand!
1408
01:50:28,998 --> 01:50:30,206
What do you suggest we do?
1409
01:50:30,374 --> 01:50:32,917
Hit Jessep with
the phony transfer order.
1410
01:50:33,085 --> 01:50:35,378
-Without a witness?
-We have a witness.
1411
01:50:35,546 --> 01:50:36,546
A dead witness.
1412
01:50:36,714 --> 01:50:39,340
To a lesser attorney,
that'd be a problem.
1413
01:50:39,508 --> 01:50:44,387
Look. Last night he's swimming in
Jack Daniel's, today he's Superman!
1414
01:50:44,555 --> 01:50:49,600
I'm getting my second wind.
Sit down, both of you. Good.
1415
01:50:49,768 --> 01:50:51,728
Jessep told Kendrick to order
the Code Red...
1416
01:50:51,895 --> 01:50:53,938
...Kendrick did,
our clients followed orders.
1417
01:50:54,106 --> 01:50:59,360
The cover-up isn't our case. To win,
Jessep has to say he gave the order.
1418
01:50:59,945 --> 01:51:03,156
-And you can get him to say it?
-I think he wants to say it!
1419
01:51:03,324 --> 01:51:06,451
I think he's pissed off he's gotta hide.
I think he wants to say...
1420
01:51:06,618 --> 01:51:09,746
...he made a decision,
and that's the end of it!
1421
01:51:09,913 --> 01:51:15,501
He eats breakfast 300 yards from 4000
Cubans that are trained to kill him.
1422
01:51:15,669 --> 01:51:17,754
And no one tells him
how to run his unit...
1423
01:51:17,921 --> 01:51:20,840
...least of all the Harvard mouth
in his faggoty white uniform.
1424
01:51:21,008 --> 01:51:25,428
I need to shake him. I'll lead him
right where he's dying to go.
1425
01:51:25,596 --> 01:51:28,264
-That's it? That's the plan?
-That's the plan.
1426
01:51:28,432 --> 01:51:30,099
How are you going to do it?
1427
01:51:30,267 --> 01:51:33,770
-I have no idea. I need my bat.
-Your what?
1428
01:51:33,937 --> 01:51:36,272
I need my bat. I think better with it.
Where is it?
1429
01:51:36,440 --> 01:51:39,609
-I put it in the closet.
-You put it in the closet?
1430
01:51:39,860 --> 01:51:41,527
I was tripping on it.
1431
01:51:41,695 --> 01:51:43,780
Don't ever put that bat in the closet.
1432
01:51:59,171 --> 01:52:01,839
Stay here.
I'm going to the office for a while.
1433
01:52:04,635 --> 01:52:07,220
He does think better with that bat.
1434
01:52:28,659 --> 01:52:32,995
-Hello?
-Sam, I need you to do something.
1435
01:52:36,458 --> 01:52:39,752
-What's going on?
-Gotta go out to Andrews.
1436
01:53:03,485 --> 01:53:07,780
-Did Sam get the guys?
-Yes.
1437
01:53:07,948 --> 01:53:12,243
-Can I talk to you for a second?
-Yeah, sure.
1438
01:53:23,297 --> 01:53:24,714
How are you feeling?
1439
01:53:26,133 --> 01:53:30,511
Well, I think Jessep's
gonna have his hands full today.
1440
01:53:32,931 --> 01:53:37,310
Listen, Danny,
when you're out there today...
1441
01:53:37,478 --> 01:53:44,358
...if you feel like it's not gonna happen,
like he's not going to say it...
1442
01:53:44,526 --> 01:53:49,572
...don't go for it.
You could get into trouble.
1443
01:53:50,324 --> 01:53:54,660
I'm special counsel for Internal Affairs.
I'm telling you you could get in trouble.
1444
01:53:54,828 --> 01:54:00,958
You're not suggesting that I
back off a material witness?
1445
01:54:01,418 --> 01:54:04,253
If you think you can't get him, yeah.
1446
01:54:06,632 --> 01:54:08,216
All rise!
1447
01:54:13,305 --> 01:54:15,723
-Where's Sam?
-He's on his way.
1448
01:54:21,647 --> 01:54:22,897
Call your first witness.
1449
01:54:23,065 --> 01:54:25,525
-Where is he?
-He'll be here. Don't worry.
1450
01:54:25,692 --> 01:54:28,444
Lieutenant! Call your witness.
1451
01:54:35,327 --> 01:54:37,745
Defense calls Colonel Nathan Jessep.
1452
01:54:54,346 --> 01:54:57,306
Colonel Jessep,
raise your right hand, please, sir.
1453
01:54:57,474 --> 01:55:04,355
Do you swear to tell the truth, the whole
truth, and nothing but the truth?
1454
01:55:04,648 --> 01:55:09,068
-Yes, I do.
-Have a seat please, sir.
1455
01:55:09,236 --> 01:55:12,488
State your name, rank
and current billet for the record.
1456
01:55:13,323 --> 01:55:16,867
Colonel Jessep, Commanding Officer,
Marine Ground Forces...
1457
01:55:17,035 --> 01:55:19,078
...Guantánamo Bay, Cuba.
1458
01:55:19,246 --> 01:55:22,665
-Thank you, sir.
-He's not here.
1459
01:55:27,504 --> 01:55:31,048
When you learned
of Santiago's letter to the NIS...
1460
01:55:31,216 --> 01:55:34,844
...you had a meeting with
your two senior officers, is that right?
1461
01:55:35,012 --> 01:55:36,846
Yes.
1462
01:55:37,014 --> 01:55:39,682
Platoon Commander Kendrick...
1463
01:55:39,850 --> 01:55:43,561
...and the executive officer,
Lieutenant Colonel Markinson.
1464
01:55:44,104 --> 01:55:45,187
Yes.
1465
01:55:45,355 --> 01:55:49,775
And, at present,
Markinson is dead, is that right?
1466
01:55:49,943 --> 01:55:57,366
-What is the counselor implying?
-Simply that Markinson is not alive.
1467
01:55:57,534 --> 01:56:01,203
Surely Colonel Jessep
doesn't need to confirm that.
1468
01:56:01,371 --> 01:56:06,459
He may not be aware that Markinson
took his own life two days ago.
1469
01:56:06,627 --> 01:56:11,422
The witness, the court
and now the court members are aware.
1470
01:56:11,590 --> 01:56:16,552
We thank you for bringing it up.
Move on, lieutenant.
1471
01:56:16,720 --> 01:56:18,387
Yes, sir.
1472
01:56:18,555 --> 01:56:22,099
At this meeting,
you gave Kendrick an order, right?
1473
01:56:22,267 --> 01:56:26,479
I told him to tell his men
not to touch Santiago.
1474
01:56:26,813 --> 01:56:29,523
And did you give an order
to Markinson as well?
1475
01:56:29,691 --> 01:56:35,446
I ordered him to have Santiago
transferred off the base immediately.
1476
01:56:35,614 --> 01:56:40,826
-Why?
-I felt his life might be in danger.
1477
01:56:41,244 --> 01:56:45,581
-Grave danger?
-Is there another kind?
1478
01:56:48,502 --> 01:56:52,588
This is the transfer order
that you and Markinson co-signed...
1479
01:56:52,756 --> 01:56:56,884
...ordering that Santiago fly out
at 6 the next morning.
1480
01:56:57,052 --> 01:57:02,014
-Was that the first flight off the base?
-The 06:00 was the first flight.
1481
01:57:06,228 --> 01:57:09,271
-You flew here today, is that right?
-Yes.
1482
01:57:09,439 --> 01:57:14,276
-You're wearing your dress uniform.
-As are you, lieutenant.
1483
01:57:14,444 --> 01:57:18,989
-Did you wear it on the plane?
-Is this dialogue relevant to anything?
1484
01:57:19,157 --> 01:57:23,285
We didn't have a chance to depose.
I'd ask the court for a little latitude.
1485
01:57:23,453 --> 01:57:27,581
-A very little latitude.
-Colonel?
1486
01:57:27,749 --> 01:57:29,667
I wore utilities on the plane.
1487
01:57:29,835 --> 01:57:32,795
-You brought your dress uniform?
-Yes.
1488
01:57:32,963 --> 01:57:35,965
-Toothbrush, shaving kit, underwear?
-Your Honor!
1489
01:57:36,133 --> 01:57:38,551
Is his underwear
a matter of national security?
1490
01:57:38,719 --> 01:57:42,138
Gentlemen. You'd better get
somewhere fast with this, lieutenant.
1491
01:57:42,305 --> 01:57:44,306
Yes, sir. Colonel?
1492
01:57:45,183 --> 01:57:49,145
I brought a change of clothes
and some personal items.
1493
01:57:49,771 --> 01:57:51,230
Thank you.
1494
01:57:51,398 --> 01:57:54,817
After Dawson and Downey's arrest
on the night of the 6th...
1495
01:57:54,985 --> 01:57:59,280
...Santiago's barracks room was
sealed off, and its contents inventoried.
1496
01:57:59,448 --> 01:58:04,034
Four pairs of camouflage pants,
three khaki shirts, three pairs of boots.
1497
01:58:04,202 --> 01:58:09,498
-Four pairs green socks--
-Is there a question in our future?
1498
01:58:09,833 --> 01:58:12,501
Lieutenant, state your question.
1499
01:58:13,003 --> 01:58:15,796
I'm wondering why
Santiago wasn't packed.
1500
01:58:18,383 --> 01:58:21,469
Tell you what,
we'll get back to that one in a minute.
1501
01:58:21,636 --> 01:58:25,473
This is a record of all phone calls
from your base in the past 24 hours.
1502
01:58:25,640 --> 01:58:28,893
After being subpoenaed,
you made three calls.
1503
01:58:29,060 --> 01:58:31,520
Do you recognize those numbers?
1504
01:58:31,688 --> 01:58:37,443
I called Colonel Fitzhughes
to let him know I'd be in town.
1505
01:58:37,611 --> 01:58:43,282
The second was to arrange a meeting
with Congressman Richman.
1506
01:58:43,450 --> 01:58:48,537
-And the third call was to my sister.
-Why did you make that call?
1507
01:58:48,997 --> 01:58:52,041
-I thought she might like to have dinner.
-Your Honor.
1508
01:58:52,209 --> 01:58:53,542
I'll put a stop to this.
1509
01:58:53,710 --> 01:58:57,463
These are the phone records
from Gitmo for September 6th.
1510
01:58:57,631 --> 01:59:02,927
And these are 14 letters
that Santiago wrote in nine months...
1511
01:59:03,094 --> 01:59:06,347
...requesting, begging for a transfer.
1512
01:59:06,515 --> 01:59:09,308
Upon hearing the news
he was getting it...
1513
01:59:09,476 --> 01:59:11,268
...Santiago was so excited...
1514
01:59:11,436 --> 01:59:15,689
...you know how many people
he called? Zero! Nobody.
1515
01:59:16,107 --> 01:59:19,568
Not one call to his parents,
saying he was coming home.
1516
01:59:19,736 --> 01:59:23,197
Not one call to a friend,
saying, “Can you pick me up?”
1517
01:59:23,365 --> 01:59:29,411
He was asleep at midnight, and
you say he had a flight in six hours.
1518
01:59:29,579 --> 01:59:35,918
Yet everything he owned was
in his closet or his footlocker.
1519
01:59:36,086 --> 01:59:39,588
You were leaving for one day,
you packed and made three calls.
1520
01:59:39,756 --> 01:59:45,970
Santiago was leaving
for the rest of his life...
1521
01:59:46,137 --> 01:59:50,975
...and he hadn't called a soul,
and he hadn't packed a thing.
1522
01:59:54,688 --> 01:59:56,272
Can you explain that?
1523
01:59:59,150 --> 02:00:03,863
Fact is, there was no transfer order.
Santiago wasn't going anywhere, right?
1524
02:00:04,030 --> 02:00:09,785
Objection! Lieutenant Kaffee is trying to
smear a high-ranking Marine officer...
1525
02:00:09,953 --> 02:00:12,288
...desperately hoping to
suggest impropriety...
1526
02:00:12,455 --> 02:00:14,331
...and win points with the court.
1527
02:00:14,499 --> 02:00:17,585
I recommend that
he be reprimanded...
1528
02:00:17,752 --> 02:00:21,589
...and the witness be excused
with apologies.
1529
02:00:22,173 --> 02:00:28,596
-Overruled. The objection is noted.
-Colonel?
1530
02:00:32,684 --> 02:00:37,146
-Is this funny, sir?
-No, it's not. It's tragic.
1531
02:00:37,314 --> 02:00:44,153
-Do you have an answer?
-Absolutely. I don't have a damn clue.
1532
02:00:44,321 --> 02:00:50,659
Maybe he was an early riser.
Maybe he didn't have any friends.
1533
02:00:50,827 --> 02:00:54,246
I'm an educated man,
but I can't speak intelligently...
1534
02:00:54,414 --> 02:00:58,000
...about the travel habits
of William Santiago.
1535
02:00:58,168 --> 02:01:02,963
What I do know is that he was
set to leave the base at 06:00.
1536
02:01:03,798 --> 02:01:08,719
Now, are these really the questions
that I was called here to answer?
1537
02:01:08,887 --> 02:01:11,347
Phone calls and foot lockers?
1538
02:01:11,806 --> 02:01:15,142
Please tell me you have
something more, lieutenant.
1539
02:01:15,352 --> 02:01:18,938
These two Marines
are on trial for their lives.
1540
02:01:19,105 --> 02:01:25,861
Please tell me their lawyer hasn't
pinned their hopes to a phone bill.
1541
02:01:26,279 --> 02:01:29,365
Do you have any other questions
for me, counselor?
1542
02:01:38,249 --> 02:01:40,876
Lieutenant Kaffee?
1543
02:01:48,218 --> 02:01:52,554
Lieutenant, do you have anything
further for this witness?
1544
02:01:59,354 --> 02:02:04,149
-Thanks, Danny. I love Washington.
-Excuse me. I didn't dismiss you.
1545
02:02:05,151 --> 02:02:09,780
I beg your pardon?
-I'm not through with my examination.
1546
02:02:09,948 --> 02:02:11,573
Sit down.
1547
02:02:13,410 --> 02:02:15,911
-“Colonel.”
-What's that?
1548
02:02:16,079 --> 02:02:20,416
I'd appreciate if he would address me
as “colonel” or “sir.” I've earned it.
1549
02:02:21,001 --> 02:02:24,545
Defense counsel will address him
“colonel” or “sir”.
1550
02:02:24,713 --> 02:02:27,756
I don't know what the hell
kind of unit you're running here.
1551
02:02:27,924 --> 02:02:31,510
And the witness will address me
as “judge” or “Your Honor.”
1552
02:02:31,678 --> 02:02:33,512
I'm quite certain I've earned it.
1553
02:02:34,264 --> 02:02:38,225
Take your seat, colonel.
1554
02:02:41,396 --> 02:02:45,566
What shall we discuss now?
My favorite color?
1555
02:02:46,568 --> 02:02:49,194
Colonel, the 6 a.m. flight
was the first off the base?
1556
02:02:49,362 --> 02:02:50,946
Yes.
1557
02:02:51,114 --> 02:02:55,200
There wasn't one seven hours earlier
and landed at Andrews at 2 a.m.?
1558
02:02:55,368 --> 02:02:58,245
I think we've covered this,
haven't we?
1559
02:02:59,080 --> 02:03:04,293
These are the tower chief's logs for
Guantánamo Bay and Andrews.
1560
02:03:04,794 --> 02:03:10,299
There's no flight at 11 p.m.,
and no arrival at 2 a.m.
1561
02:03:10,467 --> 02:03:13,802
I'd like to admit them as
Defense Exhibits Alpha and Bravo.
1562
02:03:13,970 --> 02:03:17,389
You're admitting evidence of a flight
that never existed.
1563
02:03:17,557 --> 02:03:19,975
We believe it did, sir.
1564
02:03:20,143 --> 02:03:26,148
We call Airmen O'Malley and
Rodriguez of Andrews Air Base.
1565
02:03:26,316 --> 02:03:33,739
-They weren't on the list.
-They are rebuttal witnesses.
1566
02:03:33,907 --> 02:03:36,742
-I'll allow the witnesses.
-This is ridiculous!
1567
02:03:37,077 --> 02:03:38,410
Colonel, a moment ago--
1568
02:03:38,578 --> 02:03:44,333
-Check the logs, for chrissake!
-We'll get to that in a minute.
1569
02:03:45,418 --> 02:03:51,465
You said you ordered Kendrick to say
that Santiago wasn't to be touched.
1570
02:03:51,633 --> 02:03:53,092
That's right.
1571
02:03:53,259 --> 02:03:57,763
-He was clear on what you wanted?
-Crystal.
1572
02:03:58,681 --> 02:04:03,018
-Could he have ignored the order?
-Ignored the order?
1573
02:04:03,186 --> 02:04:06,188
-Or forgot about it?
-No.
1574
02:04:06,356 --> 02:04:10,359
Any chance he could have thought,
“The old man is wrong”?
1575
02:04:10,985 --> 02:04:12,361
No.
1576
02:04:12,529 --> 02:04:18,033
When Lt. Kendrick talked to the men,
any chance they ignored him?
1577
02:04:19,494 --> 02:04:23,413
-You ever served in the infantry, son?
-No, sir.
1578
02:04:23,581 --> 02:04:27,126
-Ever served in a forward area?
-No, sir.
1579
02:04:27,544 --> 02:04:32,881
Ever put your life in another
man's hands, and his in yours?
1580
02:04:33,049 --> 02:04:34,383
No, sir.
1581
02:04:34,551 --> 02:04:39,096
We follow orders, son.
We follow orders or people die.
1582
02:04:39,264 --> 02:04:42,391
It's that simple. Are we clear?
1583
02:04:43,101 --> 02:04:44,351
Yes, sir.
1584
02:04:44,519 --> 02:04:48,897
-Are we clear?
-Crystal.
1585
02:04:50,608 --> 02:04:54,820
Just one more question, before I call
Airmen O'Malley and Rodriguez.
1586
02:04:56,114 --> 02:05:00,409
If you ordered that Santiago wasn't
to be touched...
1587
02:05:00,910 --> 02:05:04,705
...and your orders
are always followed...
1588
02:05:04,873 --> 02:05:09,084
...then why would Santiago
be in danger?
1589
02:05:10,044 --> 02:05:13,755
Why would it be necessary
to transfer him off the base?
1590
02:05:19,554 --> 02:05:23,849
Santiago was a substandard Marine.
He was being transferred--
1591
02:05:24,017 --> 02:05:27,978
You said he was being transferred
because he was in grave danger.
1592
02:05:28,146 --> 02:05:30,272
-That's correct.
-You said he was in danger.
1593
02:05:30,440 --> 02:05:32,608
-I said, “grave danger?” You said--
-I recall--
1594
02:05:32,775 --> 02:05:34,276
I can have the reporter read--
1595
02:05:34,444 --> 02:05:37,362
I know what I said!
I don't have to have it read back--
1596
02:05:37,530 --> 02:05:41,033
Then why the two orders? Colonel?
1597
02:05:43,161 --> 02:05:45,621
Sometimes men take matters
into their own hands.
1598
02:05:45,788 --> 02:05:48,707
No, sir. You made it clear
your men never do.
1599
02:05:48,875 --> 02:05:53,587
Your men follow orders or people die.
So Santiago wasn't in danger, right?
1600
02:05:53,755 --> 02:05:55,881
You snotty little bastard.
1601
02:05:56,049 --> 02:05:59,259
-Your Honor, I ask for a recess.
-I'd like an answer.
1602
02:05:59,427 --> 02:06:01,220
The court will wait for an answer.
1603
02:06:02,055 --> 02:06:07,851
If Lt. Kendrick gave an order that
Santiago wasn't to be touched...
1604
02:06:08,019 --> 02:06:12,272
...why did he have to be transferred?
Colonel?
1605
02:06:12,440 --> 02:06:16,193
Kendrick ordered a Code Red
because that's what you told him to do!
1606
02:06:16,361 --> 02:06:17,486
Object!
1607
02:06:17,654 --> 02:06:23,867
And when it went bad, you signed a
phony transfer and doctored the logs!
1608
02:06:24,035 --> 02:06:25,702
You coerced the doctor!
1609
02:06:25,870 --> 02:06:28,997
Colonel Jessep,
did you order the Code Red?
1610
02:06:29,165 --> 02:06:32,417
-You don't have to answer that.
-I'll answer the question.
1611
02:06:32,585 --> 02:06:34,836
-You want answers?
-I think I'm entitled!
1612
02:06:35,004 --> 02:06:37,256
-You want answers?
-I want the truth!
1613
02:06:37,423 --> 02:06:40,550
You can't handle the truth!
1614
02:06:40,718 --> 02:06:45,013
Son, we live in a world that has walls,
and those walls have to be guarded.
1615
02:06:45,181 --> 02:06:49,685
Who's gonna do it? You?
You, Lieutenant Weinberg?
1616
02:06:49,852 --> 02:06:53,689
I have a greater responsibility
than you can possible fathom.
1617
02:06:53,856 --> 02:06:57,192
You weep for Santiago
and you curse the Marines.
1618
02:06:57,360 --> 02:07:01,196
You have that luxury.
The luxury of not knowing what I know:
1619
02:07:01,364 --> 02:07:05,325
That Santiago's death, while tragic,
probably saved lives.
1620
02:07:05,493 --> 02:07:11,290
And my existence, while grotesque and
incomprehensible to you, saves lives!
1621
02:07:11,457 --> 02:07:13,417
You don't want the truth
because deep down...
1622
02:07:13,584 --> 02:07:15,711
...in places you don't talk about
at parties...
1623
02:07:15,878 --> 02:07:20,590
...you want me on that wall.
You need me on that wall.
1624
02:07:20,758 --> 02:07:25,262
We use words like honor,
code, loyalty.
1625
02:07:25,430 --> 02:07:28,849
We use them as the backbone
of a life spent defending something.
1626
02:07:29,017 --> 02:07:31,059
You use them as a punchline!
1627
02:07:31,227 --> 02:07:34,980
I have neither the time nor inclination
to explain myself...
1628
02:07:35,148 --> 02:07:39,609
...to a man who rises and sleeps under
the blanket of the freedom I provide...
1629
02:07:39,777 --> 02:07:42,154
...then questions the manner
in which I provide it!
1630
02:07:42,322 --> 02:07:45,365
I would rather you just said “thank you”
and went on your way.
1631
02:07:45,533 --> 02:07:49,286
Otherwise, I suggest you pick up
a weapon and stand a post.
1632
02:07:49,454 --> 02:07:54,249
Either way, I don't give a damn
what you think you are entitled to!
1633
02:07:54,417 --> 02:07:56,918
-Did you order the Code Red?
-I did the job--
1634
02:07:57,086 --> 02:08:00,422
-Did you order the Code Red?
-You're goddamn right I did!
1635
02:08:11,476 --> 02:08:14,311
I suggest the members be dismissed...
1636
02:08:14,479 --> 02:08:17,898
...so we can move
to an article 39A session.
1637
02:08:18,066 --> 02:08:22,694
-The witness has rights.
-Captain Ross?
1638
02:08:27,241 --> 02:08:28,867
Jack?
1639
02:08:33,873 --> 02:08:37,250
The members of the court will retire
until further instructed.
1640
02:08:37,960 --> 02:08:39,920
All rise.
1641
02:08:40,463 --> 02:08:42,756
What the hell is this?
1642
02:08:42,924 --> 02:08:46,510
Colonel, what's going on?
I did my job, I'd do it again.
1643
02:08:46,677 --> 02:08:51,473
-I'm going back to my base.
-You're not going anywhere.
1644
02:08:51,641 --> 02:08:55,936
-MP's, guard the colonel!
-Yes, sir.
1645
02:08:57,188 --> 02:08:59,856
-Captain Ross.
-What the hell is this?
1646
02:09:00,108 --> 02:09:02,484
Colonel Jessep,
you have the right to remain silent.
1647
02:09:02,652 --> 02:09:07,072
I'm being charged with a crime?
Is that what this is?
1648
02:09:07,240 --> 02:09:10,492
I'm being charged with a crime?
1649
02:09:10,660 --> 02:09:14,704
This is funny, that's what this is!
This is--
1650
02:09:14,872 --> 02:09:18,166
I'm gonna rip the eyes out of your head
and piss in your dead skull!
1651
02:09:18,334 --> 02:09:20,252
You fucked with the wrong Marine!
1652
02:09:20,420 --> 02:09:24,881
Colonel Jessep,
do you understand your rights?
1653
02:09:29,846 --> 02:09:32,472
You fucking people.
1654
02:09:32,640 --> 02:09:35,517
You have no idea
how to defend a nation.
1655
02:09:36,185 --> 02:09:41,148
All you did was weaken a country
today, Kaffee! That's all you did.
1656
02:09:41,315 --> 02:09:46,319
You put peoples' lives in danger.
Sweet dreams, son.
1657
02:09:46,487 --> 02:09:48,530
Don't call me son.
1658
02:09:48,698 --> 02:09:52,868
I'm a lawyer, and an officer
in the United States Navy.
1659
02:09:53,035 --> 02:09:55,871
And you're under arrest,
you son of a bitch.
1660
02:10:00,042 --> 02:10:02,169
The witness is excused.
1661
02:10:24,275 --> 02:10:27,736
All rise!
1662
02:10:36,871 --> 02:10:41,583
-Have you reached a verdict?
-We have, sir.
1663
02:10:52,303 --> 02:10:57,849
Lance Corporal Dawson,
Private First Class Downey.
1664
02:10:59,018 --> 02:11:03,271
On the charge of murder,
the members find the accused...
1665
02:11:03,439 --> 02:11:05,690
...not guilty.
1666
02:11:06,442 --> 02:11:10,320
On the charge of
conspiracy to commit murder...
1667
02:11:10,488 --> 02:11:15,742
...the members find the accused
not guilty.
1668
02:11:16,619 --> 02:11:20,747
On the charge of conduct
unbecoming a United States Marine...
1669
02:11:20,915 --> 02:11:26,836
...the members find the accused
guilty as charged.
1670
02:11:28,214 --> 02:11:31,466
The accused are sentenced
to time already served...
1671
02:11:31,634 --> 02:11:36,429
...and are ordered to be dishonorably
discharged from the Marine Corps.
1672
02:11:37,682 --> 02:11:40,058
This court-martial is adjourned.
1673
02:11:40,226 --> 02:11:41,893
All rise.
1674
02:11:57,493 --> 02:11:59,995
What did that mean?
1675
02:12:01,789 --> 02:12:04,624
Hal?
1676
02:12:04,792 --> 02:12:07,836
What did that mean?
1677
02:12:09,964 --> 02:12:15,010
I don't understand. Colonel Jessep said
he ordered the Code Red.
1678
02:12:15,177 --> 02:12:19,431
-He ordered it. What did we do wrong?
-It's not that simple.
1679
02:12:19,599 --> 02:12:23,351
-We did nothing wrong!
-Yeah, we did.
1680
02:12:26,439 --> 02:12:31,359
We were supposed to fight for people
who couldn't fight for themselves.
1681
02:12:31,527 --> 02:12:34,154
We were supposed to fight for Willy.
1682
02:12:40,536 --> 02:12:46,458
Lieutenant Kaffee, I have to
take these men for some paperwork.
1683
02:12:55,426 --> 02:12:58,386
Harold?
1684
02:13:00,514 --> 02:13:03,350
Sir?
1685
02:13:03,517 --> 02:13:06,061
You don't need a patch on your arm
to have honor.
1686
02:13:09,774 --> 02:13:14,736
Ten-hut! There's an officer on deck.
1687
02:13:39,553 --> 02:13:44,891
O'Malley and Rodriguez,
what exactly could they testify to?
1688
02:13:45,059 --> 02:13:50,188
Probably that they had absolutely
no recollection of anything.
1689
02:13:50,356 --> 02:13:55,193
-Strong witnesses.
-And handsome too, didn't you think?
1690
02:13:55,361 --> 02:13:57,904
I'll see you around.
I gotta go arrest Kendrick.
1691
02:13:58,072 --> 02:14:00,532
Tell him I say hi.
1692
02:14:00,700 --> 02:14:04,786
Will do.
149260