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 NlS 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 1600. -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 screwup. 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 Rosenbergs? 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 0600... 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 0600 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 l'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 l've fallen out of runs before, because of dizziness or nausea. 184 00:15:56,205 --> 00:15:59,791 But on May 18th, l'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 l saw all black and the last thing l remember is hitting the deck. 188 00:16:09,636 --> 00:16:12,846 l was brought to the hospital. They said it was heat exhaustion. 189 00:16:13,014 --> 00:16:18,101 l 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. ln exchange for my transfer, l'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. 0600 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 1620. 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 1000, 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. McGuire. 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. McGuire, 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 0012... 935 01:13:09,802 --> 01:13:13,680 ...and he was pronounced dead at 0037. 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 2300. 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 l knew your son vaguely, which is to say l 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, l've done as much as l 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 ...l 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 1600. 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 1620, 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 1645. 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 1645... 1314 01:41:39,677 --> 01:41:42,012 ... how could you be in your room at 1620? 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 butterknife. 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 0600 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 0600. 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.