Advertise your product or brand here contact www.OpenSubtitles.org today
Forward march!
I'm requesting-
Captain, I'd like to request that it be me who's the attorney-
That it be myself who’s assigned.
No, I'd like to request that it be I who am assigned-
"That it be I who am assigned"?
That's good. That's confidence-inspiring.
Good grammar there.
Captain, I'd like to request...
that I be the attorney assigned.
I'm Lieutenant Commander Galloway here to see Captain West.
Go right in, Commander. They're expecting you.
Thank you.
-Jo, come on in. - Thank you, sir.
Captain West, this is Lieutenant Commander Galloway.
-Jo, you know Commander Lawrence. - Yes, sir.
Captain, I appreciate you seeing me on such short notice.
- Would you like to sit down? - I'm fine, sir.
- Have a seat. - Okay.
I understand we had some trouble over the weekend down in Cuba?
Yes, sir. This past Friday, two Marines-
a Lance Corporal Harold Dawson and a Private Louden Downey-
entered the barracks room of a P.F.C. William Santiago and assaulted him.
Santiago died at the base hospital approximately an hour later.
The N.I.S. Agent who took Dawson and Downey's statements...
maintains they were trying to prevent Santiago...
from naming Dawson in a fence line shooting incident.
They're scheduled to have a hearing down in Cuba this afternoon at 1600.
- What's the problem? - Dawson and Downey...
are both recruiting poster Marines, and Santiago was known to be a screw-up.
I was thinking it sounded an awful lot like a Code Red.
Christ.
Sir, I'd like to have them moved up to Washington and assigned counsel-
someone who can really look into this-
someone who possesses not only the legal skill...
but a familiarity with the inner workings of the military.
In short, Captain, I'd like to suggest that...
I be the one who that-
that it be me who is assigned to represent them...
myself.
Commander Galloway, why don’t you get yourself a cup of coffee?
Thank you, sir. I'm fine.
I'd like you to leave the room so we can talk about you behind your back.
Certainly, sir.
I thought this Code Red shit wasn't going on anymore.
With the Marines at Gitmo, who knows what the hell goes on down there?
We better find out before the rest of the world does.
Damn thing could get messy.
All right, what about this Commander Galloway?
She's been working a desk in Internal Affairs...
for a little over a year now.
- Before that? - Disposed of three cases in two years.
Three cases in two years? Who's she handling, the Rosenbergs?
- She's not cut out for litigation. - She's a hell of an investigator.
In Internal Affairs she can crawl up a lawyer's ass with the best of them.
- But when it comes to trial work- - I know. All passion, no street smarts.
Bring her back in.
Commander, we're gonna have the defendants moved up here in the morning.
- Thank you, sir. - Division will assign them counsel.
-But not me. -From what I get from your colleagues...
you're much too valuable in your present assignment to be wasted...
in what I'm sure will boil down to a five-minute plea bargain...
and a week's worth of paperwork.
Sir, I think there might be more involved than that.
Don't worry about it.
I promise you Division will assign the right man for the job.
All right. Let's go. Let's get two.
- Sorry. - Nothing to be sorry about, Sherby.
You just look the ball into your glove.
Shooting two.
- Sorry. - You gotta trust me, Sherby.
Keep your eyes open, your chances of catching it increase by a factor often.
- Kaffee. - Let's try it again.
Dave, you seem distraught.
We were supposed to meet 15 minutes ago about the McDermott case.
You're stalling on this thing. Now we either do it now...
or, no kidding, Kaffee, I'm gonna hang your boy from a fucking yardarm!
Yardarm? Sherby, does the Navy still hang people from yardarms?
I don't think so.
Dave, Sherby doesn't think the Navy hangs people from yardarms anymore.
I'm gonna charge him with possession and being under the influence on duty.
You plead guilty, I'll recommend 30 days in the brig with loss of rank and pay.
It was oregano, Dave. It was $10 worth of oregano.
Yeah, well, your client thought it was marijuana.
My client's a moron. That's not against the law.
Kaffee, I got people to answer to just like you do. I'm gonna charge him.
With what, possession of a condiment?
- Kaffee. - I tried to help you out of this...
but if you ask for jail time, I'm gonna file a motion to dismiss.
- You won't get it. - I will get it.
And if the M.T.D. is denied, I'll file a motion...
seeking to obtain an evidentiary ruling in advance.
And after that, I'm gonna file against pretrial confinement.
And you're gonna spend the next three months going blind on paperwork...
because a signalman second-class bought and smoked a dime bag of oregano.
Let's go! Let's get two!
B misdemeanor, 20 days in the brig.
C misdemeanor, 15 days restricted duty.
I don't know why I'm agreeing to this.
'Cause you have wisdom beyond your years.
Morning.
Morning, Captain.
How's the baby, Sam?
I think she's getting ready to say her first word any day now.
How can you tell?
She just looks like she has something to say.
Excuse me. I'm sorry I'm late.
It's all right, Danny. I know you don't have a good excuse...
so I won't force you to come up with a bad one.
- Thank you, sir. - This first one's for you.
Seems you're moving up in the world.
Been requested by Division.
Requested to do what?
Guantanamo Bay, Cuba.
A Marine corporal named Dawson illegally fires a round from his weapon...
over the fence line and into Cuban territory.
- What's a fence line? - Sam.
A big wall separating the good guys from the bad guys.
- Teacher's pet. - P.F.C. William Santiago...
threatens to rat on Dawson to Naval Investigative Service.
Dawson and another member of his squad...
P.F.C. Louden Downey, go into Santiago's room...
tie him up, stuff a rag down his throat...
and an hour later, Santiago's dead.
Attending physician says the rag was treated with some kind of toxin.
They poisoned the rag?
- Not according to them. - What did they say?
Not much. They're being flown up here tomorrow...
and on Wednesday at 0600, you'll catch a transport down to Cuba for the day...
to find out what you can.
Meantime, go and see Lieutenant Commander Joanne Galloway...
with Internal Affairs.
Any questions?
Uh, the flight to Cuba- Was that 0600 in the morning, sir?
Seems important to Division that this one be handled by the book.
So I'm assigning co-counsel. Any volunteers?
No!
I got a stack of papers on my desk about a mile high.
- Work with Kaffee on this. - Doing what?
Kaffee will have this done in about four days.
Doing various administrative things.
Backup, whatever.
In other words, I have no responsibilities here whatsoever.
Right.
My kind of case.
Right.
Okay, but I've got to have that report by Wednesday.
- Hi. - Hold on. Hi.
Daniel Kaffee. I was told to me with, uh-
Lieutenant Commander Galloway.
About a briefing?
I'll call you back.
You're the attorney Division assigned?
I'm lead counsel. This is Sam Weinberg.
I have no responsibilities here whatsoever.
Come in, please. Have a seat.
Lieutenant, how long have you been in the Navy?
Going on nine months now.
And how long have you been out of law school?
A little over a year.
I see.
Have I done something wrong?
No. It’s just that when I petition Division to have counsel assigned...
I was hoping I'd be taken seriously.
No offense taken, in case you were wondering.
Commander, Lieutenant Kaffee is generally...
considered the best litigator in our office.
He's successfully plea-bargained 44 cases in nine months.
One more, I get a set of steak knives.
Have you ever been in a courtroom?
I once had my driver's license suspended.
Commander, from what I understand, if this thing goes to court...
they won’t need a lawyer, they'll need a priest.
No, they'll need a lawyer.
Dawson's family's been contacted.
Downey's closest living relative is Ginny Miller, his aunt.
She hasn't been contacted yet. Would you like me to take care of that?
Sure. If you feel like it.
One of the people you'll be seeing down there...
is the barracks C.O., Colonel Nathan Jessup.
I assume you’ve heard of him.
Who hasn't?
He's been in the papers lately. He's expected to be appointed...
director of operations of National Security Council.
- Really? - These are the letters...
that Santiago wrote in his eight months at Gitmo.
- That's Guantanamo Bay. - I knew that one.
He wrote to the fleet commander to the commandant of the Marine Corps.
Even his senator. He wanted to be transferred off the base.
No one was listening. Are you with me?
Yeah.
Finally, he wrote to the Naval Investigative Service...
where he offered information about Corporal Dawson's fence line shooting...
in exchange for a transfer.
Right. Is that all?
Lieutenant, this letter makes it look like...
your client had a motive to kill Santiago.
Got you. And Santiago is who?
The victim.
Write that down. Am I correct to assume these letters...
don't paint a flattering picture of Marine Corps life at Guantanamo Bay?
- Yes, among- - Am I further right in assuming...
investigation of this incident might embarrass the Security Council guy?
- Colonel Jessup. - Twelve years.
Sorry?
I'll get them to drop the conspiracy and conduct unbecoming.
Twelve years.
You haven't talked to a witness or looked at a piece of paper.
Pretty impressive, huh?
You're gonna have to go deeper than that.
Do you have some sort of jurisdiction here that I should know about?
My job is to make sure that you do your job.
I'm special counsel for Internal Affairs...
so my jurisdiction’s pretty much in your face.
Read the letters. I'll expect your report when you return from Cuba.
- Sure. - You're dismissed.
I always forget that part.
He's a little preoccupied.
Team's playing Bethesda Medical next week.
Tell your friend not to get cute down there.
The Marines in Guantanamo are fanatical.
About what?
About being Marines.
Dear sir...
my name is P.F.C. William T. Santiago.
I'm a Marine stationed at Marine barracks...
Rifle Security Company Windward, Second Platoon Bravo.
I'm writing to inform you of my problems with my unit here in Cuba...
and to ask for your help.
I've fallen out on runs before for several reasons...
such as feeling dizzy or nauseated.
But on May 18, I'd fallen back about 20 or 30 yards...
going down rocky unstable hill.
My sergeant grabbed me and pushed me down the hill.
Then I saw all black, and the last thing I remembered was hitting the deck.
I was brought to the hospital where I was told I just had heat exhaustion.
I ask you to help me.
Please, sir. I just need to be transferred out of R.S.C.
Sincerely, P.F.C. William T. Santiago...
U.S. Marine Corps.
P.S. In exchange for my transfer off the base...
I'm willing to provide you with information about-
"The illegal fence line shooting that occurred the night of August 2."
Who the fuck is P.F.C. William T. Santiago?
Private Santiago is a member of Second Platoon Bravo, sir.
Yeah. Well, apparently he's not very happy down here in Shangri-la...
because he's written letters to everybody but Santa Claus...
asking for a transfer.
And now he's telling tales about a fence line shooting.
Matthew?
I'm appalled, sir.
You're appalled.
This kid broke the chain of command and ratted on a member of his unit...
to say nothing of the fact that he is a U.S. Marine...
and it would appear he can't run from here to there...
without collapsing from heat exhaustion.
What the fuck is going on in Bravo Company, Matthew?
Colonel, I think it would be better to hold this discussion in private.
That won't be necessary, Colonel. I can handle the situation, sir.
The same way you handled Curtis Bell? Don't interrupt me, Lieutenant!
- I'm still your superior officer. - And I'm yours, Matthew.
I wanna know what we're going to do about this.
I think Santiago should be transferred off the base immediately.
He's that bad, huh?
Not only that. But word of this letter is bound to get out.
He's gonna get his ass whipped.
Hmm. Transfer Santiago.
Yes. I'm sure you’re right.
I'm sure that's the thing to do.
Wait. I've got a better idea.
Let's transfer the whole squad off the base.
Let's- On second thought, Windward-
Let's transfer the whole Windward Division off the base.
John, go on out there and get those boys down off the fence.
They're packing their bags. Tom.
- Sir. - Get me the president on the phone.
We're surrendering our position in Cuba.
- Yes, sir. - Wait a minute, Tom.
Don't get the president just yet.
Maybe we should consider this for a second.
- Dismissed, Tom. - Yes, sir.
Maybe- and I'm just spit-balling here-
Maybe we have a responsibility as officers to train Santiago.
Maybe we as officers have a responsibility to this country...
to see that the men and women charged with its security...
are trained professionals.
Yes, I'm certain that I read that somewhere once.
And now I'm thinking, Colonel Markinson...
that your suggestion of transferring Santiago...
while expeditious and certainly painless...
might not be, in a manner of speaking...
the American way.
Santiago stays where he is.
We're gonna train the lad.
John, you're in charge.
Santiago doesn't make 4-6-4-6...
on his next proficiency and conduct report...
I'm going to blame you.
- Then I'm going to kill you. - Yes, sir.
I think that's a mistake, Colonel.
Matthew, I think I will have that word in private with you now.
John, that's all. Why don't we meet at the "O" club and have lunch...
and we'll talk about the training of young William?
I'd be delighted to hear any suggestions that you might have, sir.
- Dismissed. - Yes, sir.
Matthew, sit down. Please.
What do you think of Kendrick?
My opinion of him has nothing to do-
I think he's pretty much of a weasel myself...
but he's an awfully good officer.
And in the end, we see eye-to-eye on the best way to run a Marine Corps unit.
We're in the business of saving lives, Matthew.
That is a responsibility that we have to take pretty seriously.
And I believe that taking a Marine who is not quite up to the job...
and shipping him off to another assignment...
puts lives in danger.
Sit down, Matthew.
We go back a while.
We went to the Academy together. We were commissioned together.
We did our tours in Vietnam together.
But I've been promoted up through the chain...
with greater speed and success than you have.
Now, if that’s a source of tension...
or embarrassment for you...
I don't give a shit.
We're in the business of saving lives, Lieutenant Colonel Markinson.
Don't ever question my orders in front of another officer.
All the paperwork's in order.
- Step over there. - Yes, sir.
Hal, is this Washington, D.C.?
All right. Let's move.
Yes, sir.
- Got all of that one. - Excuse me.
I wanted to talk to you about Corporal Dawson and Private Downey.
- Say again? - Dawson and Downey.
Those names sound like they should mean something to me-
Dawson, Downey - your clients.
The Cuba thing. Yes! Dawson and Downey. Right.
I've done something wrong again, haven't I?
I was just wondering why two guys have been locked up...
since this morning while their lawyer's outside hitting a ball.
We need the practice.
That wasn't funny.
It was a little funny.
Would you be very insulted if I recommended to your supervisor...
that he assign different counsel?
- Why? - I don't think you’re fit to handle it.
You don't even know me. Ordinarily, it takes someone hours...
to discover I'm not fit to handle a defense.
Oh, come on. That was damn funny.
You're wrong.
I do know you.
Daniel Alistair Kaffee, born June 8, 1964...
at Boston Mercy Hospital.
Your father's Lionel Kaffee...
former Navy judge advocate and attorney general of the United States.
Died 1985.
You went to Harvard law. Then you joined the Navy...
probably because that's what your father wanted you to do.
And now you're just treading water for three years in the JAG Corps.
Just laying low till you can get out and get a real job.
If that’s the situation, that's fine. I won't tell anyone.
But it's my feeling that if this case is handled in the same...
fast-food, slick-ass, Persian bazaar manner...
with which you seem to handle everything else...
then something's gonna get missed.
And I wouldn't be doing my job if I allowed Dawson and Downey...
to spend any more time in prison than absolutely necessary...
because their attorney had predetermined the path of least resistance.
Wow.
I'm sexually aroused, Commander.
I don't think your clients murdered anyone.
What are you basing this on?
There was no intent.
The doctor's report says Santiago died of asphyxiation...
brought on by acute lactic acidosis...
and that the nature of the acidosis strongly suggests poison.
I don't know what any of that means, but it sounds pretty bad.
Santiago died at 1:00 a. m.
At 3:00, the doctor wasn’t able to determine the cause of death.
Two hours later, he said it was poison.
Oh, now I see what you’re saying.
It had to be Professor Plum in the library with a candlestick.
- I'm gonna talk to your supervisor. - Okay.
Go straight up Pennsylvania Avenue.
It's the big white house with the pillars in front.
- Thank you. - I don't think you’ll have much luck.
I was assigned by Division.
Somebody over there thinks I'm a pretty good lawyer.
So while I appreciate your interest and admire your enthusiasm...
I think I can handle things myself.
You know what a Code Red is?
What a pity.
- Morning, sir. - Morning.
Officer on deck!
Sir, Lance Corporal Harold W. Dawson, sir!
Rifle Security Company Windward, Second Platoon Bravo.
Someone hasn't been working and playing well with others, Harold.
Sir, yes, sir!
Sir, P.F.C. Louden Downey, sir!
I'm Daniel Kaffee. This is Sam Weinberg.
Sit down.
- This your signature? - Yes, sir.
You don't have to call me "sir. " Is this your signature?
Sir, yes, sir.
You certainly don't need to do it twice in one sentence.
- What's a Code Red? - It is a disciplinary engagement.
What's that mean?
A Marine falls out of line, it's up to the men in his unit to get him on track.
- What's a garden variety Code Red? - Sir?
Harold, you say, "sir," and I turn around and look for my father.
Danny, Daniel, Kaffee.
Garden variety. Typical. What's basic Code Red?
Sir, a Marine refuses to bathe on a regular basis...
the men in his squad will give him a G.I. shower.
What's that?
Scrub brushes, Brillo pads, steel wool.
Beautiful.
Was the attack on Santiago a Code Red?
Yes, sir.
Does he ever talk?
Sir, P.F.C. Downey will answer any direct questions you ask him.
Swell.
Private Downey, the rag you stuffed in Santiago's mouth-
- Was there poison on it? - No, sir.
Silver polish, turpentine, antifreeze?
No, sir. We were just gonna shave his head, sir.
When all of the sudden-
We saw blood dripping down his mouth...
and we pulled the tape off and there was blood all down his face, sir.
That's when Lance Corporal Dawson called the ambulance.
Did anyone see you call the ambulance?
No, sir.
Were you there when the ambulance got there?
Yes, sir. That's when we were taken under arrest.
The night of August 2, did you fire a shot across the fence line into Cuba?
- Yes, sir. - Why?
- My mirror engaged, sir. - His mirror?
Every American sentry post has a Cuban counterpart, called "mirrors. "
Lance Corporal's claiming that his mirror was about to fire at him.
Santiago's letter to the N.I.S...
said you fired illegally.
He's saying that the guy, the mirror-
He never made a move.
You see what I'm getting at?
If Santiago didn't have anything on you, then why did you give him a Code Red?
'Cause he broke the chain of command, sir.
- He what? - He went outside of his unit, sir.
If he had a problem, he should have spoken to me, sir.
- Then his sergeant, then commander- - Yeah. All right.
Did you assault Santiago with the intent of killing him?
- No, sir. - What was your intent?
- To train him, sir. - Train him to do what?
Train him to think of his unit before himself- to respect the code.
What's the code?
Unit, Corps, God, Country.
I beg your pardon?
Unit, Corps, God, Country, sir.
The government of the United States...
wants to charge you two with murder...
and you want me to go to the prosecutor...
with "Unit, Corps, God, Country"?
That's our code, sir.
It's your code.
We'll be back.
You guys need anything- books, papers, cigarettes, ham sandwich?
Sir, no, thank you, sir.
Harold, I think there's a concept you better start warming up to.
Sir?
I'm the only friend you've got.
Smiling Jack Ross.
- Welcome to the big time. - You think so?
Let's hope, for Dawson and Downey, you practice law better than play softball.
Unfortunately for those two, I don't do anything better than play softball.
- I'm out of here, Janelle. - Bye.
- See you when I get back from Cuba. - Say hi to Castro for me.
Will do. What are we looking at?
They plead guilty, we drop the conspiracy and conduct unbecoming.
- Twenty years. They're home in half. - I want 12.
- Can't do it. - They called the ambulance.
I don't care if they called the Avon lady. They killed a Marine.
The rag was tested for poison. The autopsy, lab reports.
They say the same thing: maybe, maybe not.
Chief of Internal Medicine at the Guantanamo Bay Naval Hospital...
says he's sure.
What do you know about Code Reds?
Oh, man.
- We off the record? - Tell me.
I'm gonna give you the 12 years.
Before you go getting yourself into trouble tomorrow, you should know...
the platoon commander, Lieutenant Jonathan Kendrick...
held a meeting with the men and specifically...
told them not to touch Santiago.
- We still playing hoops tomorrow night? - Do we have a deal?
I'll talk to you when I get back.
- Hi there. - Any luck getting me replaced?
Is there anyone in this command you don't either drink or play ball with?
- Commander- - Listen. I came to make peace.
Got off on the wrong foot. What do you say? Friends?
I brought Downey some comic books he was asking for.
The kid, Kaffee, I swear he doesn't know where he is.
- Doesn't even know why he's arrested. - Commander.
- You can call me Joanne. -Joanne.
- Or Jo. - Yes.
Jo, if you ever speak to a client of mine again without my permission...
I'll have you disbarred.
- Friends? - I had authorization.
- From where? - Downey's closest living relative.
Ginny Miller. His aunt on his mother's side.
You got authorization from Aunt Ginny?
I gave her a call like you asked.
Very nice woman. We spoke for about an hour.
You got authorization from Aunt Ginny.
Perfectly within my province.
Does Aunt Ginny have a barn? We could hold the trial there.
I can sew the costumes. Maybe his Uncle Goober can be the judge.
I'm going to Cuba with you tomorrow.
And the hits just keep on coming.
- How's it going, Luther? - Another day, another dollar, captain.
- You gotta play them as they lay. - What goes around comes around.
- Can't beat 'em, join 'em. - At least I got my health.
Well, then you got everything. See you tomorrow, Luther.
Not if I see you first.
Now don't forget. When Sally gets back, you're my witness.
The baby spoke. My daughter said a word.
Your daughter made a sound, Sam. I'm not sure it was a word.
Come on, now. It was definitely a word.
You heard her. The girl sat here, pointed and said, " Pa. "
She did. She said, " Pa. "
She was pointing at a mailbox, Sam.
That's right, pointing as if to say, " Pa, look. A mailbox. "
Jack Ross came to see me today. He offered me the 12 years.
- Oh, that's what you wanted, right? - I know, I know.
I mean, I guess I'll take it. I'll take it.
- So- - It took about 45 seconds.
He barely put up a fight.
Danny, take the 12 years. It's a gift.
You don't believe their story, do you?
You think they ought to go to jail for the rest of their lives.
I believe every word of their story...
and I think they ought to go to jail for the rest of their lives.
- See you tomorrow. - Okay.
Don't forget to wear the whites. Very hot down there.
I don't like the whites.
Nobody likes the whites, but we're going to Cuba.
- You got Dramamine? - Dramamine keeps you cool?
No, Dramamine keeps you from throwing up. You get sick when you fly.
I get sick when I fly because I'm afraid of crashing into a large mountain.
I don't think Dramamine will help.
I got some oregano. I hear that works pretty good.
You know, Ross said the strangest thing to me right before I left.
He said the platoon commander Lieutenant Jonathan Kendrick...
had a meeting with the men and told them not to touch Santiago.
So?
I never mentioned Kendrick. I don't even know who he is.
Ah, what the hell. I'll see you tomorrow.
Lieutenants Kaffee and Weinberg, Commander Galloway.
I'm Corporal Barnes. I'm to escort you to the windward side of the base.
- Thank you. - I got some camouflage jackets here.
- I suggest you both put them on. - Camouflage jackets?
Yes, sir. We'll be riding pretty close to the fence line.
The Cubans see an officer wearing white...
they think it might be someone they want to take a shot at.
Good call, Sam.
We'll just hop on the ferry. We'll be there in no time.
- Wait. We gotta take a boat? - Yes, sir.
- To get to the other side of the bay. - Nobody said anything about a boat.
- Is there a problem, sir? - No, no problem.
Just not crazy about boats.
Jesus Christ, Kaffee, you're in the Navy, for crying out loud.
- Nobody likes her very much. - Yes, sir!
Nathan Jessup. Come on in.
Thank you, sir. Daniel Kaffee. I'm the attorney for Dawson and Downey.
This is Lieutenant Commander Joanne Galloway.
- Pleasure meeting you, Commander. - Observing and evaluating, sir.
Lieutenant Sam Weinberg. He'll be assisting.
- Sir. - This is my X.O., Colonel Markinson...
and platoon leader Lieutenant Kendrick.
I've asked them to join us. Sit down, please.
- Lieutenant Kaffee. - Colonel Markinson.
I had the pleasure of meeting your father once.
I was a teenager. He spoke at my high school.
Lionel Kaffee?
- Yes, sir. - Well, what do you know?
John, this man's dad once made a lot of enemies down in your neck of the woods.
Jefferson v. Madison County School District.
Folks down there said a black girl couldn't go to an all-white school.
Lionel Kaffee said, "Well, we'll just see about that. "
How the hell is your dad, Danny?
He passed away seven years ago, sir.
Don't I feel like the fuckin' asshole.
Not at all.
Well, what can we do for you, Danny?
Uh, not much, sir.
This is really a formality more than anything else.
JAG Corps insists that we interview all the relevant witnesses.
The JAG Corps can be demanding that way.
John will take you out and show you what you want to see.
After that we can all hook up for lunch.
- How does that sound? Good. - Fine, sir.
I understand you had a meeting with your men that afternoon.
- Yes, I did. - What did you guys talk about?
I told the men that we had an informer among us...
and that despite any desire they might have to seek retribution...
Private Santiago was not to be harmed in anyway.
- What time was that meeting? - 1600.
That's 4:00.
Sam, we should make sure somebody gets this to his parents.
- We don't need it anymore. - Right.
Lieutenant Kendrick, may I call you John?
No, you may not.
Have I done something to offend you?
No, I like all you Navy boys.
Every time we gotta go someplace to fight, you fellas always give us a ride.
Lieutenant Kendrick, do you think Santiago was murdered?
Commander, I believe in God and His Son Jesus Christ.
And because I do, I can say this:
Private Santiago is dead, and that is a tragedy.
But he is dead because he had no code.
He is dead because he had no honor, and God was watching.
How do you feel about that theory?
Sounds good. Let's move on.
Are you planning on doing any investigating...
or are you just gonna take the guided tour?
I'm pacing myself.
They were running around for three hours...
looking for anything white they could wave in the air.
Some of these people surrendered to a crew from CNN.
Well, walk softly and carry an armored tank division, I always say.
- That was delicious. Thank you. - My pleasure, sir.
Colonel, I do have to ask you a couple of questions about September 6.
Shoot.
On the morning of the sixth, you were contacted by an N.I.S. agent...
who said that Santiago tipped him off to an illegal fence line shooting.
- Yes. - Santiago would reveal the person...
- in exchange for a transfer. - Yes.
If you feel there are any details that I'm missing...
you should feel free to speak up.
Thank you.
Now, at this point you called Lieutenant Colonel Markinson...
and Lieutenant Kendrick into your office.
- Is that right? - Yes.
What happened?
We agreed that, for his own safety, Santiago should be transferred off base.
Santiago was set to be transferred.
On the first available flight to the States...
0600 the next morning.
Five hours too late, as it turned out.
Yeah.
All right. That's all I have. Thanks very much for your time.
Corporal's waiting with the Jeep. He'll take you back to the flight line.
- Thank you, sir. - Wait. I've got some questions.
- No, you don't. - Yes, I do.
- No, you don't. - On the morning that Santiago died...
did you meet with Dr. Stone between 3:00 and 5:00?
Of course I met with the doctor. One of my men was dead.
See? The man was dead. Let's go.
I'm just wondering if you’ve ever heard the term "Code Red. "
I've heard the term, yes.
This past February, you received a cautionary memo...
from the commander-in-chief of the Atlantic fleet...
warning that the practice of enlisted men...
disciplining their own wasn't to be condoned by officers.
Well, I submit to you that whoever wrote that memo...
has never faced the working end...
of a Soviet-made Cuban AK-47 assault rifle.
However, the directive having come from the commander...
I gave it its due attention.
- What is your point, Jo? - She has no point.
She often has no point. It's part of her charm.
- We're out of here. Thank you. - I think Code Reds still go on here.
- Do Code Reds still happen here? -Jo, he doesn't need to answer that.
- Yes, he does. - No, he really doesn't.
Yeah, he really does.
You know, it just hit me.
She outranks you, Danny.
- Yes, sir. - I wanna tell you something.
And listen up, 'cause I really mean this.
You're the luckiest man in the world.
There is nothing on this earth sexier- believe me, gentlemen-
than a woman that you have to salute in the morning.
Promote 'em all, I say, 'cause this is true:
If you haven't gotten a blowjob from a superior officer...
well, you’re just letting the best in life pass you by.
Colonel, the practice of Code Reds is still condoned by officers-
My problem is that I'm a colonel, so I'll go on taking cold showers...
until they elect some gal president.
I need an answer to my question, sir.
Take caution in your tone, Commander.
I'm a fair guy, but this fucking heat is making me absolutely crazy.
You wanna ask me about Code Reds? On the record...
I tell you I discourage the practice...
in accordance with the commander's directive.
Off the record, I tell you it is an invaluable part...
of close-infantry training.
And if it happens to go on without my knowledge, so be it.
I run my unit how I run my unit.
You wanna investigate me, roll the dice and take your chances.
I eat breakfast 300 yards from 4,000 Cubans who are trained to kill me.
So don't think for one second that you can come down here...
flash a badge...
and make me nervous.
Let's go.
Colonel, I'll just need a copy of Santiago’s transfer order.
What's that?
Santiago's transfer order. You guys have paperwork on that kind of thing.
I just need it for the file.
- For the file. - Yeah.
Of course you can have a copy of the transfer order for the file.
- I'm here to help in anyway I can. - Thank you.
You believe that, don’t you, Danny, that I'm here to help you in anyway I can?
Of course.
Corporal will take you by personnel on your way out to the flight line...
and you can have all the transfer orders that you want.
- Let's go. - But you have to ask me nicely.
I beg your pardon?
You have to ask me nicely.
You see, Danny, I can deal with the bullets and the bombs and the blood.
I don't want money, and I don't want medals.
What I do want is for you to stand there in that faggoty white uniform...
and with your Harvard mouth extend me some fucking courtesy.
You gotta ask me nicely.
Colonel Jessup, if it’s not too much trouble...
I'd like a copy of the transfer order, sir.
No problem.
In the seventh. San Diego leads. Braves try to comeback.
Runners don’t go.
Hard drive, right field. We're gonna have a tied ballgame.
It's on its way, and it is now 10 to 10.
And I don't believe it.
- Who is it? - It's me.
I really missed you. I was just saying to myself it’s been almost three hours.
- Markinson's disappeared. - What?
Colonel Markinson's gone U.A.- unauthorized absence.
I know what it means. When?
This afternoon. Sometime after we left.
- I'll try to find him in the morning. - I've already tried.
You tried?
Joanne, you're coming dangerously close to the textbook definition...
of interfering with a government investigation.
I'm Louden Downey's attorney.
Aunt Ginny. She says she feels like she's known me for years.
So I suggested that she might feel more comfortable...
if I were directly involved with the case.
She had Louden sign the papers about an hour ago.
I suppose it's way too much to hope...
that you’re making this up just to bother me.
Don't worry. I'm not gonna make a motion for separation.
- You're still lead counsel. - Splendid.
I think Kendrick ordered the Code Red, and so do you.
Let's go.
Officer on deck!
- Did Kendrick order the Code Red? - Sir?
Don't say "Sir" like I just asked you if you cleaned the latrine.
You heard what I said. Did Lieutenant Kendrick order you guys...
to give Santiago a Code Red?
Yes, sir.
- Did he? - Yes, sir.
You mind telling me why you never mentioned this before?
-You didn't ask. -That won't win you a place in my heart.
I get paid no matter how much time you spend in jail.
Yes, sir. I know you do, sir.
- Fuck you, Harold! - All right.
At ease.
- Let's sort this thing out. - Shit!
There was a platoon meeting on September 6 at 4:00 in the afternoon.
Lieutenant Kendrick says that he gave strict instructions...
that nothing was to happen to Santiago.
Now, is this true?
I want you to speak freely.
Ma'am, that's correct...
but then he dismissed the platoon and we all went to our rooms.
And what happened then?
Lieutenant Kendrick came to our room, ma'am.
When?
About five minutes after the meeting broke, sir. About 1620.
And what happened then?
Lieutenant Kendrick ordered us to give Santiago a Code Red.
Jack!
Hang on.
They were given an order.
-Jack, come on. - Be right back.
- What are you doin', Jack? - Be right back.
- How long did you know about the order? - I didn't. Who's this?
That's Jo Galloway, Downey's lawyer. She's very pleased to meet you.
- What exactly are you accusing me of? - How long did you know about the order?
He didn't, 'cause if he did and hadn't told us...
he'd be violating about 14 articles of the Code of Ethics.
He has enough to worry about...
God forbid our clients decide to plead not guilty...
and testify for the record that they were given an order.
Kendrick specifically told those men not to touch Santiago.
That's right. And then he went into Dawson and Downey's room...
and specifically told them to give him a Code Red.
- Kendrick said different. Have proof? - He's lying. I have the defendants.
And I have 23 Marines who aren't accused of murder...
and a lieutenant with four letters of commendation.
- Why did Markinson go U.A.? - We'll never know.
- You don't think I could subpoena him? - You can try, but you won't find him.
You know what he did for the first 17 of his 26 years in the Corps?
Counterintelligence. Markinson's gone. There is no Markinson.
Look, Danny.
Jessup's star is on the rise.
Division will give me a lot of room on this one...
to spare Jessup and the Corps any embarrassment.
How much?
Involuntary manslaughter, two years, they're home in six months.
No deal. We're going to court.
- No, you're not. - Why not?
'Cause you’ll lose, and Danny knows it.
If we do go to court, I'm gonna have to go all the way.
They're gonna be charged with a whole truckload-
murder, conspiracy, conduct unbecoming.
Even though he's got me by the balls out here, Danny knows...
that in a courtroom, he loses this case.
Danny is an awfully talented lawyer.
He's not about to see his clients go to jail for life...
when he knows they can be home in six months.
That's the end of this negotiation.
I'll see you tomorrow morning at the arraignment.
All right. Here's the story.
The government's offering involuntary manslaughter, two years.
Be home in six months.
Wow, Kaffee! You're the greatest lawyer in the world!
Ooh, how can we ever thank you?
Fellas, you hear what I just said?
You're going home in six months.
I'm afraid we can't do that, sir.
- Do what? - Make a deal, sir.
What are you talking about?
We did nothing wrong, sir. We did our job...
and if that has consequences, then I'll accept them.
But I won't say that I'm guilty, sir.
Did you- Did she put you up to this?
- We have a code, sir. - Oh, well, zip-a-dee-doo-dah!
You and your code plead not guilty. You'll be in jail the rest of your life.
Do what I'm telling you, you'll be home in six months.
Do it, Harold. Six months.
It's nothing. It's a hockey season.
- Permission to- - Speak!
Jesus!
- What do we do then, sir? - When?
After six months, we'll be dishonorably discharged, right, sir?
Probably.
Well, what do we do then, sir?
We joined the Marines because we wanted to live our lives by a certain code.
And we found it in the Corps.
Now you’re asking us to sign a piece of paper that says we have no honor.
You're asking us to say we’re not Marines.
If a court decides that what we did was wrong...
then I'll accept whatever punishment they give.
But I believe I was right, sir. I believe I did my job...
and I will not dishonor myself, my unit or the Corps...
so that I can go home in six months...
sir.
Commander, I'd like to talk to Lance Corporal Dawson alone for a minute.
Sergeant.
We're gonna go to another room.
- We'd like another holding room. - All right, ma'am.
- It's gonna be okay. - Sit down.
You don't like me very much, do you?
Forget it. Don't answer that. It doesn't matter.
You know...
Downey worships you.
He's gonna do whatever you do.
Are you really gonna let this happen to him because of a code, Harold?
- Do you think we were right? - It doesn't matter-
- Do you think we were right? - I think you’d lose.
You're such a coward.
I can't believe they let you wear a uniform.
I'm not gonna feel responsible for this. I did everything I could.
You're going to Leavenworth for the better part of your life.
And you know what? I don't give a shit.
What happened to saluting an officer when he leaves the room?
Open it up.
I don't believe it.
Dawson's gonna go to jail just to spite me.
Fine. If he wants to jump off a cliff, that's his business.
I'm not gonna hold his hand on the way. I wanna get him a new lawyer. How?
Just make a motion tomorrow morning at the arraignment.
The judge will ask you if you want to enter a plea...
and you tell him that you want to have new counsel assigned.
That's that.
One thing, though. When you ask the judge for new counsel...
Danny, be sure and ask nicely.
- What do you want from me? - I want you to let them be judged.
I want you to stand up and make an argument.
An argument that didn't work for Calley at My Lai.
An argument that didn't work for the Nazis at Nuremburg.
Oh, for Christ's sake, Sam.
Do you really think that's the same as two teenage Marines...
executing a routine order they never believed would result in harm?
These guys aren't the Nazis.
Don't look now, Danny, but you’re making an argument.
Yeah, yeah. Tomorrow morning I get them a new attorney.
Why are you so afraid to be a lawyer?
Were Daddy's expectations really that high?
Oh, please. Spare me the psycho-babble father bullshit!
Dawson and Downey will have their day in court, but with another lawyer.
Another lawyer won’t be good enough. They need you.
You know how to win. You know they have a case, and you know how to win.
If you walk away from this now, you've sealed their fate.
Their fate was sealed the moment Santiago died.
- Do you believe they have a case? - You and Dawson.
You both live in the same dream world.
It doesn't matter what I believe.
It only matters what I can prove.
So, please, don't tell me what I know and don't know!
I know the law!
You know nothing about the law.
You're a used car salesman, Daniel.
You're an ambulance chaser with a rank.
You're nothing. Live with that.
So I told Duncan...
"If you wanna take this to court I'm gonna file nine discovery motions...
and you're gonna spend a year going blind on paperwork...
because a 90-year-old man misread the Delaware insurance code. "
- So what happened? - He calls back 15 minutes later.
He says, " Let's make a deal. "
All rise.
Where are we?
Docket number 411275VR-5.
The United States v. Lance Corporal Harold W. Dawson...
and Private First Class Louden Downey.
The accused are charged with murder, conspiracy to commit murder...
and conduct unbecoming a United States Marine.
Does the defense wish to enter a plea?
Yeah.
They're not guilty.
Enter a plea of not guilty for the accused.
We'll adjourn until 1000, three weeks from today...
at which time this general court-martial will reconvene.
Why does a lieutenant junior grade with ninth months' experience...
and a track record for plea bargaining get assigned a murder case?
Would it be so that it never sees the inside of a courtroom?
We'll work out of my apartment every night, 7:00.
Jo, pick up a carton of legal pads, half a dozen boxes of red and black pens.
Sam, get a couple of desk lamps. I need a preliminary medical profile.
Jo, we need all proficiency and conduct reports on Dawson, Downey and Santiago.
The only thing I have to eat is Yoo-hoo and Cocoa Puffs...
so if you want anything else, bring it with you.
- Okay? - Yeah.
So this is what a courtroom looks like.
Were you able to speak to your friend at the N.I.S.?
Yeah. She said if Markinson doesn't want to be found...
we're not gonna find him.
She said I could be Markinson, and you wouldn't know it.
Are you Markinson?
No.
I'm not Markinson.
That's two down.
What?
I'm just wondering, now that Joanne’s on this-
I'm just wondering if you still need me.
- They were following orders. - An illegal order.
Do you think they knew it was an illegal order?
It doesn't matter what they knew. Any decent human being would have refused-
They're not permitted to question orders.
Then what's the secret? Huh? What are the magic words?
I give orders every day-
We have softball games and marching bands.
They work at a place where you have to wear camouflage or you might get shot!
I need you.
You're better at research than I am, and you know how to prepare a witness.
I've got medical reports and Chinese food. I say we eat first.
What?
You got any kung pao chicken?
This is our defense- intent. No one can prove there was poison on the rag.
Code Red- they're common and accepted in Guantanamo Bay.
The order- A: Kendrick gave it, B: They had to follow it.
- That's it. - What about motive?
We're a little weak on motive. They had one.
- Just because a person has a motive doesn't mean they're guilty. - Relax.
We'll deal with the fence line shooting when it comes up.
Let's start with intent. I don't want to know what made Santiago die.
I just want to show it could've been something other than poison.
Jo, talk to doctors. Find out everything there is to know about lactic acidosis.
This is Lieutenant Commander Galloway with the JAG Corps in Washington.
I've been trying to track down a Lieutenant Colonel Matthew Markinson.
Doctor, was there any sign of external damage?
No scrapes? No cuts? Bruises? Broken bones?
- Was there any sign of violence? - You mean, other than the dead body?
Shit, I walk into that every goddamn time.
He ordered me and Lance Corporal Dawson to give Willie a Code Red.
Answers still have to come much faster.
This Iowa farm boy thing will play for a while...
but in the end, it sounds like he's searching for the truth.
He's right. From now on, Willie is Private Santiago.
You start calling him Willie, and all of a sudden he's a person...
who's got a mother who's gonna miss him, okay?
They drew the court members this afternoon.
Seven men, two women, five Navy, four Marines.
All officers with line experience. Neither of the women have children.
That's a bad break. There’s nothing we can do.
My father always said a jury trial is not just about the law.
It's about assigning blame. Santiago's dead, and he shouldn't be.
These nine people are gonna insist that someone be blamed for that.
Ross is handing them our clients. We're gonna hand them Kendrick.
This is about a sales pitch. It's not going to be won by the law. It's gonna be won by the lawyers.
So remember, poker faces. Don’t flinch in front of the court members.
Something doesn't go our way, don't hang your head or shift in your seat.
Whatever happens, you have to look like it's exactly what you knew would happen.
- If you pass me documents- - Do it swiftly and don't look eager.
Don't wear that perfume in court. Wrecks my concentration.
Really?
I was talking to Sam.
What time is it?
It's time to go home. Try to get some sleep tonight.
- Yeah. - Give me a ride?
Sure.
You're a good man, Charlie Brown.
I'll see you in court, counselor.
- Danny, I- - You don't have to say it.
We've had our differences. I said some things I didn't mean.
You said some things you didn't mean, but you’re happy I stuck with the case.
And if you’ve gained a certain respect for me over the last three weeks...
of course, I'm happy about that.
But we don't have to make a whole big deal out of it.
If you like me, I won't make you say it.
I was just gonna tell you to wear matching socks tomorrow.
Okay. Good tip.
We're ready.
Better believe it.
We're gonna get creamed.
- Lieutenant Kaffee? - Yes?
You are gonna save our son, aren’t you?
I'll do my best.
Danny, I'd like you to meet Ginny Miller, Louden's aunt.
- You're Aunt Ginny? - Uh-huh.
I'm sorry. I was expecting someone older.
So was I.
Last chance. I'll flip you for it.
- All rise. - Too late.
All those having business with this general court-martial...
stand forward and you shall be heard.
Colonel Julius Alexander Randolph is presiding.
Is the government prepared to make an opening statement?
Yes, sir.
The facts of the case are these:
On midnight of September 6, the accused entered the barracks room...
of their platoon mate, P.F.C. William Santiago.
They woke him up, tied his arms and legs with tape...
and forced a rag into his throat.
A few minutes later, a chemical reaction called lactic acidosis...
caused his lungs to begin bleeding.
He drowned in his own blood...
and was pronounced dead at 37 minutes past midnight.
These are the facts of the case, and they are undisputed.
That's right. The story I’ve just told you...
is the exact same story you’re gonna hear from Lance Corporal Dawson...
and it's the exact same story you're gonna hear from Private Downey.
Furthermore, the government will also demonstrate...
that the accused soaked the rag in poison...
and entered Santiago's room with motive and intent to kill.
Now, Lieutenant Kaffee...
is gonna try and pull off a little magic act here.
He's gonna try a little misdirection.
He's gonna astonish you with stories of rituals...
and dazzle you with official-sounding terms...
like "Code Red. "
He might even try to cut into a few officers for you.
He'll have no evidence, mind you, none, but it's gonna be entertaining.
And when we get to the end, all the magic in the world...
will not have been able to divert your attention from the fact...
that Willie Santiago is dead and Dawson and Downey killed him.
These are the facts of the case, and they are undisputed.
Lieutenant Kaffee.
There was no poison on the rag, and there was no intent to kill.
Any attempt to prove otherwise is futile 'cause it just ain't true.
When Dawson and Downey went into Santiago's room that night...
it wasn't because of vengeance or hatred.
It wasn't to kill or harm, and it wasn't because they were looking for kicks.
It's because it was what they were ordered to do.
Let me say that again.
It's because it was what they were ordered to do.
Out in the real world that means nothing...
and here at the Washington Navy Yard it doesn't mean a whole lot more.
But if you’re a Marine assigned to Rifle Security Company Windward...
Guantanamo Bay, Cuba, and you're given an order...
you follow it or you pack your bags.
Make no mistake about it.
Harold Dawson and Louden Downey are sitting before you today...
because they did their job.
Is the government ready to call its first witness?
If it please the court, the government calls Mr. R.C. McGuire.
Mr. McGuire, would you raise your right hand, please?
Do you solemnly swear that the testimony you give this general court-martial...
will be the truth, the whole truth and nothing but the truth?
- I do. - Have a seat, please, sir.
Would you state your full name and occupation, for the record?
Robert C. McGuire, Special Agent, Naval Investigative Service.
Mr. McGuire, did your office receive a letter from P.F.C. William Santiago...
on 3 September of this year?
- We did. - What did that letter say?
That a member of Santiago’s unit had illegally fired his weapon over the fence line.
Was that Marine identified in the letter?
No. I notified the barracks C.O. Colonel Jessup...
that I would be coming down to investigate.
And what did you find?
The shift reported only one sentry returned his weapon to the switch...
with a round of ammunition missing.
- Who was that? - Lance Corporal Harold Dawson.
Your witness.
Mr. McGuire, have you questioned Dawson about the fence line shooting?
Yes. He claims to have been engaged in some manner by the enemy.
- You don' believe him? - It's not my place-
Lance Corporal Dawson's been charged with a number of crimes.
Why wasn’t he charged with firing at the enemy without cause?
There wasn't enough evidence to support such a charge.
Thank you.
Mr. McGuire, I don't understand what you mean when you say...
"There wasn't enough evidence to support such a charge. "
You had William Santiago's letter.
Santiago was the only eyewitness.
I never had the chance to interview him, so I don't know what he saw.
And now we'll never know, will we, Mr. McGuire?
- No more questions. - The witness is excused.
Corporal Carl Edward Hammaker, Marine Barracks...
Rifle Security Company Windward, Second Platoon Bravo.
Corporal, were you present at a meeting that Lieutenant Kendrick held...
on the afternoon of September 6 with the members of the Second Platoon?
Yes, sir.
Would you tell the court the substance of that meeting?
Lieutenant Kendrick told us we had an informer in our group-
that Private Santiago had gone outside the chain of command...
and reported to the N.I.S. on a member of our platoon.
Did that make you mad? You can tell the truth, Corporal.
- Did it make you mad? - Yes, sir.
How mad?
Private Santiago betrayed a code we believe in very deeply, sir.
- Were the other squad members angry? - Object. Speculation.
- Were Dawson and Downey? - Is the government counsel...
honestly asking the witness to testify as to how my clients felt?
Sustained.
Corporal, did Lieutenant Kendrick leave a standing order at that meeting?
- Yes, sir. - What was it?
Well, it was clear that he didn't want us taking matters into our own hands.
What was the order?
Sir, he said Santiago wasn't to be touched.
Your witness.
Corporal Hammaker, were you in Dawson and Downey's barracks...
five minutes after this meeting?
No, sir.
Thanks. I have no more questions.
The witness is excused.
The government calls Corporal Raymond Thomas.
I understand Captain Ross is planning on calling all the other members...
of Rifle Security Company Windward to testify.
In light of the defense Lieutenant Kaffee is planning to mount...
the explicit instructions of a platoon leader seems particularly relevant.
The defense is willing to concede that all 22 witnesses...
will testify substantially as Corporal Hammaker did...
if the government is willing to concede that none of them...
were in Dawson and Downey's room at 16:20 on September 6.
Captain?
The government will stipulate.
Then we'll adjourn for the day. You can call your next witness tomorrow.
All rise.
I want to go over the doctor again.
- We're taking the right approach. - We've been over this already.
Listen to me. 3:00- Stone says he doesn't know what killed Santiago.
Then he meets with Jessup, and at 5:00 he says it was poison?
- The doctor's not telling the truth. - Oh, that's a relief!.
I was afraid I wouldn't be able to use the "liar, liar, pants on fire" defense.
We can't prove coercion. Let's go over what we have, okay?
Private Santiago was admitted to the E.R. at 0012...
and he was pronounced dead at 0037.
Dr. Stone, what is lactic acidosis?
If the muscles and other cells of the body burn sugar...
instead of oxygen, lactic acid is produced.
That lactic acid is what caused Santiago's lungs to bleed.
Normally, how long does it take for the muscles and other cells...
to begin burning sugar instead of oxygen?
Twenty to thirty minutes.
And what caused this process to be sped up in Santiago's muscles?
An ingested poison of some kind.
Your Honor, we object at this point. The witness is speculating.
Commander Stone is an expert medical witness.
In this courtroom, his opinion is not considered speculation.
Commander Stone is an internist, not a criminologist.
The medical facts here are ultimately inconclusive.
A point I'm confident you’ll illustrate to the court under cross-examination.
So I'm sure you won't mind if his opinion is admitted now.
Not at all, sir.
Dr. Stone, did Willie Santiago die of poisoning?
Absolutely.
You're aware that the lab and coroner's report show no traces of poison?
- Yes, I am. - Then how do you justify-
There are literally dozens of toxins which are virtually undetectable...
both in the human body and on a fabric.
The nature of the acidosis is the compelling factor on this issue.
Thank you, sir.
Commander, is it possible for a person to have an affliction-
some sort of condition- which might speed up the process of acidosis?
Commander, is it possible?
It's possible.
What might some of those conditions be?
If a person had a coronary disorder...
or a cerebral disorder, the process would be more rapid.
If I had a coronary condition and a clean rag was placed in my mouth...
and the rag was pushed too far down, is it possible that my cells...
would continue burning sugar after the rag was taken out?
It would have to be a very serious condition.
Is it possible to have a serious coronary condition...
where the warning signals were so mild as to escape a physician...
during a routine medical exam?
Possibly. There would still be symptoms, though.
- What kind of symptoms? - There are hundreds-
- Chest pains? - Yes.
- Shortness of breath? - Yes.
- Fatigue? - Of course.
Doctor, is this your signature?
Yes, it is.
This is an order for Private Santiago to be put on restrictive duty.
Would you read your handwritten remarks at the bottom of the page, please?
"Initial testing, negative. Patient complains of chest pains...
shortness of breath and fatigue.
Restricted from running distances over five miles for one week. "
Commander, isn't it possible that Santiago had a serious coronary condition...
and it was that condition, and not some mysterious poison, that caused the accelerated chemical reaction?
No.
It's not possible?
No.
I personally give each man a thorough physical examination.
Private Santiago was given a clean bill of health.
That's why it had to be poison, right, Commander?
'Cause if you put a man with a serious coronary condition on duty...
and that man died from a heart-related incident...
you'd have a lot to answer for, wouldn’t you, Doctor?
- Object! Move to strike. - Sustained.
I have no more questions, Your Honor.
Dr. Stone, you've held a medical license for 17 years.
You're Board-certified in internal medicine.
You are chief of internal medicine at a hospital which serves 5,426 people.
In your professional medical opinion, was Willie Santiago poisoned?
We renew our objection to Commander Stone's testimony...
and ask that it be stricken from the record.
We further ask the court members to lend no weight to this witness's testimony.
The objection is overruled.
The defense strenuously objects and requests an 802 conference...
so that His Honor might have a chance to hear discussion before ruling.
The objection of the defense has been heard and overruled.
- Move to reconsider. - Your objection is noted.
The witness is an expert, and the court will hear his opinion!
Dr. Stone, in your expert, professional opinion...
was Willie Santiago poisoned?
Yes.
Thank you, sir. I have no more questions.
Commander, you may step down.
Please the court, while we reserve the right to call rebuttal witnesses...
the government rests.
We'll stand in recess until 1000, Monday the 19th...
at which time, the defense will call its first witness.
All rise.
"I strenuously object"?
Is that how it works? "Objection overruled. "
" No, no. I strenuously object. "
"Oh, well, if you strenuously object, then I should take time to reconsider. "
I got it on the record.
You also got the court members thinking we're afraid of the doctor.
You object once, so they can hear us say he's not a criminologist.
You keep after it, and suddenly it looks like a bunch of fancy lawyer tricks.
It's the difference between paper law and trial law.
You even had the judge saying Stone was an expert!
She made a mistake. Let's not relive it.
I'm gonna go call my wife. I'll see you tonight.
Why do you hate them so much?
They beat up on a weakling. That's all they did.
The rest of this is just smoke-filled coffeehouse crap.
They tortured and tormented a weaker kid!
They didn't like him, so they killed him.
And why? Because he couldn't run very fast!
All right. Everybody take the night off.
- I'm sorry. - I know.
We've been working 20 hours a day for three and half weeks straight.
Just take the night off. Go see your wife, your daughter.
Jo, go do...
whatever it is you do when you're not here.
- What day is tomorrow? - Saturday.
We start at 10:00.
Why do you like them so much?
'Cause they stand on a wall...
and they say, " Nothing's gonna hurt you tonight, not on my watch. "
Don't worry about the doctor. This trial starts Monday.
One and two, with two out. And a line drive to left center.
Kirby racing. He won’t get there.
And rounding third is Cal Ripken...
and the Twins' streak is over.
One strike away, and Randy Milligan feels right now like Hulk Hogan.
I'm sorry to bother you. I should've called first.
No, I was just watching a ball game. Come on in.
I was wondering if- How you’d feel about my taking you to dinner tonight?
- Are you asking me out on a date? - No.
Sounded like you were asking me on a date.
I've been asked out on dates before, and that's what it sounded like.
Do you like seafood? I know a good seafood place.
My third case was a drunk and disorderly.
It lasted nine weeks. I rounded up 31 people from the bar that night.
Nine weeks on a D and D? What was the prosecutor offering?
Fifteen days.
You sure hustled the shit out of him.
Well, after that they moved me to Internal Affairs.
- Tough to blame them. - Where I have earned...
two meritorious service medals and two letters of commendation.
Why are you always giving me your resume?
Because I want you to think I'm a good lawyer.
I do.
No, you don't.
I think you’re an exceptional lawyer.
I watch the court members. They respond to you. They like you.
I see you convincing them, and I think Dawson and Downey...
are gonna end up owing their lives to you.
Jo, I think-
I think you should prepare yourself for the fact that we're gonna lose.
Ross's opening statement- it was all true.
Let's pretend for a minute that it would actually matter...
that the guys were given an order.
I can't prove it ever happened.
We'll keep doing what we're doing and we'll put on a show...
but all we have is the testimony of two people accused of murder.
We'll find Markinson.
Jo, we're gonna lose, and we're gonna lose huge.
Corporal Jeffrey Owen Barnes, Marine Barracks Windward...
Guantanamo Bay, Cuba.
Corporal Barnes, name some reasons why a Marine would receive a Code Red.
Being late for platoon or company meetings.
Keeping his barracks in disorder. Falling back on a run.
- Have you ever received a Code Red? - Yes, sir.
We were doing seven-man assault drills, and my weapon slipped.
It was 'cause it was over 100 degrees, and my palms were sweaty...
and I'd forgotten to use the resin like we were taught.
What happened?
That night, the guys in my squad threw a blanket over me...
took turns punching me in the arm for five minutes...
then they poured glue on my hands.
And it worked too, 'cause I ain't never dropped my weapon since.
Was Private Santiago ever late for platoon meetings?
Yes, sir.
- Was his barracks ever in disorder? - Yes, sir.
- Did he ever fall back on a run? - All the time, sir.
Did he ever, prior to the night of September 6, receive a Code Red?
No, sir.
- Never? - No, sir.
You got a Code Red 'cause your palms were sweaty.
Why didn't Santiago, this burden to his unit, ever get one?
Dawson wouldn't allow it, sir.
Dawson wouldn't allow it.
The guys talked tough about Santiago, but they wouldn’t go near him.
They were too afraid of Dawson.
Object. The witness is speculating.
I'll rephrase. Jeffrey, did you ever want to give Santiago a Code Red?
- Yes, sir. - Why didn’t you?
'Cause Dawson would kick my butt, sir.
Good enough. Captain Ross is gonna ask you some questions now.
Corporal Barnes...
I hold here the Marine Outline for Recruit Training.
- Are you familiar with this book? - Yes, sir.
- Have you read it? - Yes, sir.
Would you turn to the chapter that deals with Code Reds, please?
Just flip to the page of the book that discusses Code Reds.
Well, you see, sir, Code Red is a term that we use.
Just down in Gitmo-
Oh, we're in luck, then.
Standard Operating Procedure, Rifle Security Company, Guantanamo Bay, Cuba.
I assume we'll find the term Code Red and its definition in that book.
No, sir.
Corporal Barnes, I'm a Marine.
Is there no book, no manual or pamphlet, no set of orders or regulations...
that lets me know that as a Marine one of my duties is to perform Code Reds?
No, sir. No book, sir.
No further questions.
Corporal, would you turn to the page in this book...
that says where the mess hall is, please?
Lieutenant Kaffee, that's not in the book, sir.
You mean to say in all your time at Gitmo you've never had a meal?
No, sir. Three squares a day, sir.
I don't understand.
How did you know where the mess hall was if it’s not in this book?
Well, I guess I just followed the crowd at chow time, sir.
No more questions.
- Corporal Barnes, you may step down. - Thank you, sir.
7:00 tonight we'll do a final Kendrick review.
I want to slam-dunk this guy.
Hey, Luther.
Admiral, how's the big case going?
Nose to the grindstone.
- No flies on you. - A rolling stone gathers no moss.
Well, it ain't over till the fat lady sings.
You can say that again.
- It ain't over till the fat lady sings. - Till the fat lady sings.
Walked into that one.
Oh, Jesus Christ!
You left the door unlocked.
- You scared the shit out of me. -Just keep driving.
Are you aware you're under subpoena?
Yes. I'm also aware that the lives of two Marines are in your hands.
If there was something I could do about that, I would.
But since I can't, all I can do is help you.
- What do you know? - I know everything.
- Was it a Code Red? - Yes.
- Did Kendrick give the order? - Yes.
- Did you witness it? - I didn't need to.
Then how do you know? - I know. - You know shit.
He was never gonna be transferred off that base.
Jessup was gonna keep him on the base. He said he wanted him trained.
- The transfer order has your signature. - Yeah, I know.
I signed it the morning you arrived in Cuba, five days after Santiago died.
I'm gonna get you a deal, some kind of immunity with the prosecutor.
In about four days, you'll appear as a witness and tell what you know.
I'm gonna check you into a motel. We are gonna start from the beginning.
I don't want a deal, and I don't want immunity.
I want you to know that I'm proud neither of what I've done or am doing.
- Where is he? - The Downtown Lodge in Northeast.
- I want him guarded. - That's a good idea.
- My clearance code is 411527273. - Clearance code?
- Thank you. - Do you have a clearance code?
This is Jo Galloway. I need to secure a witness.
Anyway, he also said that Jessup’s lying about the transportation off the base.
Jessup said that 6:00 the next morning was the first flight Santiago could have left on.
Markinson says there was a plane that left seven hours earlier.
That was impressive. Did you hear what I said about the flight?
Sam, when a flight takes off, there's a record kept, right?
Yeah, you need the tower chief’s log from Gitmo.
- Get it. - We're gonna win.
We don't know who Markinson is. We don't know what the logbook will say.
You just concentrate on Downey. I'm gonna talk to Ross and tell him where we are.
Nice work today. Redirect on Barnes.
- I have Markinson. - Where is he?
Motel room in Northeast with six Federal Marshalls outside his door.
The transfer that Markinson signed is phony.
Jessup's statement that the 6:00 a. m. flight was the first available is a lie.
We're checking the tower chief’s log. I'd like a beer, please.
In the meantime, I'm gonna put Kendrick on the stand and have some fun.
All right, I have an obligation to tell you...
that if you accuse Kendrick or Jessup of any crime without proper evidence...
you'll be subject to a court-martial for professional misconduct.
That's something that'll be stapled to every job application you ever fill out.
Markinson's not gonna hold up, Danny. He's a crazy man.
I'm not saying this to intimidate you. I'm being your lawyer here.
Thanks, Jack. And I think the fucking bunch of you are certifiably insane.
Your code of honor makes me want to beat the shit out of somebody.
Don't lump me in with them just because we wear the same uniform.
I'm your friend, and I don't think your clients belong in jail...
but I don't get to make that decision.
I represent the United States government without passion or prejudice.
- My client has a case. - Here you go.
I want you to acknowledge that the judge advocate has made you aware...
of the possible consequences involved in accusing a Marine officer...
of a felony without proper evidence.
I've been so advised.
You got bullied into that courtroom, Danny.
By everyone. By Dawson, by Galloway.
Shit, I practically dared you.
You got bullied into that courtroom by the memory of a dead lawyer.
You're a lousy fucking softball player, Jack!
Your boys are going down, Danny. I can't stop it anymore.
Lieutenant Kendrick, in your opinion, was Private Santiago a good Marine?
I'd say he was about average.
You signed three proficiency and conduct reports on Santiago.
On all three reports, you indicate a rating of below average.
Yes, Private Santiago was below average.
I did not see the need to trample on a man's grave.
We appreciate that, but you’re under oath now.
Unpleasant as it may be, we'd all just as soon hear the truth.
I'm aware of my oath.
These are the last three pro-con reports you signed for Lance Corporal Dawson.
Dawson received two marks of exceptional...
but on this most recent report of June 9 he received a rating of below average.
- I'd like to discuss this last report. - That would be fine.
Lance Corporal Dawson's ranking after the school of infantry was perfect.
Over half that class has since been promoted to full corporal...
while Dawson has remained a lance corporal.
Was Dawson's promotion held up because of this last report?
I'm sure it was.
Do you recall why Dawson was given such a poor grade on this report?
I'm sure I don't.
I have many men in my charge. I write many reports.
Lieutenant, do you recall an incident involving a P.F.C. Curtis Bell...
who'd been found stealing liquor from the Officers' Club?
Yes, I do.
Did you report Private Bell to proper authorities?
I have two books at my bedside-
The Marine Corps Code of Conduct and The King James Bible.
The only proper authorities I'm aware of are my commanding officer...
Colonel Nathan R. Jessup and the Lord our God.
At your request, Lieutenant Kendrick, I can have the record reflect...
your lack of acknowledgement of this court as a proper authority.
- Objection. Argumentative. - Sustained.
Watch yourself, counselor.
Did you report Private Bell to your superiors?
I remember thinking very highly of Private Bell-
not wanting to see his record tarnished by a formal charge.
You preferred it be handled within the unit?
Yes, I most certainly did.
- Do you know what a Code Red is? - Yes, I do.
- Have you ever ordered a Code Red? - No, I have not.
Did you order Dawson and two other men to make sure that Private Bell...
received no food or drink, except water, for a period of seven days?
That is a distortion of the truth, Lieutenant.
Private Bell was placed on barracks restriction.
He was given water and vitamin supplements, and I can assure you...
at no time was his health in danger.
I'm sure it was lovely for Private Bell.
But you did order the barracks restriction, didn’t you?
- You did order the denial of food? - Yes, I did.
Wouldn't this form of discipline be considered a Code Red?
No.
If I called the other 478 Marines at Guantanamo Bay to testify...
would they consider it a Code Red?
The witness can't possibly testify as to what 478 other men would say.
We object to this entire line of questioning. It's argumentative...
and irrelevant badgering of the witness.
The government's objection is sustained, Lieutenant Kaffee...
and I would remind you that you’re now questioning a Marine officer...
with an impeccable service record.
Thank you, Your Honor.
Lieutenant, was Dawson given a rating of below average on this last report...
because you learned he'd been sneaking food to Private Bell?
- Object! - Not so fast. Lieutenant?
Lance Corporal Dawson was given a below average rating...
because he had committed a crime.
A crime? What crime did he commit?
Dawson brought a hungry guy some food. What crime did he commit?
He disobeyed an order.
And because he exercised his own set of values...
because he made a decision about the welfare of a Marine...
that was in conflict with your order, he was punished, is that right?
Lance Corporal Dawson disobeyed an order.
Yeah, but it wasn't a real order, was it?
After all, it's peacetime.
He wasn't being asked to secure a hill or advance on a beachhead.
I mean, surely a Marine of Dawson's intelligence...
can be trusted to determine on his own which are the important orders...
and which orders might, say, be morally questionable?
Can he?
Can Dawson determine on his own which orders he's going to follow?
No, he cannot.
A lesson he learned after the Curtis Bell incident, right?
- I would think so. - You know so, don’t you?
- Object! - Sustained.
Lieutenant Kendrick, one final question.
If you had ordered Dawson to give Santiago a Code Red-
- I specifically ordered those men- - Would he disobey you again?
- Lieutenant, don't answer that! - You don't have to. I'm through.
Lieutenant Kendrick, did you order Lance Corporal Dawson...
and Private Downey to give Willie Santiago a Code Red?
- No, I did not. - Thank you.
What's the word?
I got the tower chief’s log from that night. Jessup’s telling the truth.
- 6:00 a. m. flight was the first plane. - Let me see this.
- Working late tonight? - Oh, yeah.
There wasn't a flight at 11:00. What the fuck are you trying to pull?
The first flight stateside left Guantanamo Bay at 2300.
It arrived at Andrews Air Force Base at a few minutes past 2:00.
Really? Then why isn't it listed in the tower chief’s log?
Jessup.
What are you telling me? He fixed the logbook?
Maybe he can make it so a plane didn't take off, but I can prove one landed.
I'll get the logbook from Andrews.
You're not gonna find anything in the Andrews logbook, either.
He can make an entire flight disappear?
Jessup is about to be appointed director of operations for the Security Council.
You don't get to that position without knowing how to sidestep some land mines.
He's not gonna be able to sidestep you.
You don't still intend to put me on the stand?
Thursday morning, 10:00.
There's gotta be someone who can testify to the flight.
This isn't TWA. There isn't a regular flight schedule.
Do you have any idea how many planes take off and land every day?
A ground crew kid won't remember a flight that landed four weeks ago.
- How do you know if you don't check? - Forget the flight!
Markinson will testify that Jessup refused to transfer Santiago.
He'll testify to the forged transfer, and that'll be enough.
That and Downey's testimony really ought to be enough.
Why did you go into Santiago's room on the night of the 6th?
To give Private Santiago a Code Red, ma'am.
Why did you give him a Code Red?
I was ordered to give him a Code Red by the platoon commander...
of Rifle Security Company Windward, Lieutenant Jonathan James Kendrick.
You're gonna do fine.
You think they'll let us go back to our platoon soon, ma'am?
Absolutely.
Do you remember the order of questions? Are you sure?
And we'll use small words, 'cause he gets rattled if he doesn't understand.
- I'm just saying go slow. - I'm gonna go slow.
And get him off as fast as you can.
What? It's gonna be fine.
Dear Mr. and Mrs. Santiago...
I was William's executive officer.
I knew your son vaguely, which is to say I knew his name.
In a matter of time, the trial of the two men...
charged with your son's death will be concluded...
and seven men and two women whom you've never met...
will try to offer you an explanation as to why William is dead.
For my part, I've done as much as I can to bring the truth to light.
And the truth is this-
Your son is dead for only one reason-
I wasn't strong enough to stop it.
Always, Lieutenant Colonel Matthew Andrew Markinson...
United States Marine Corps.
Private, I want you to tell us one last time.
Why did you go to Private Santiago's room on the night of September 6?
A Code Red was ordered by my platoon commander...
Lieutenant Jonathan James Kendrick.
Thank you.
Your witness.
Private, the week of 2 September...
the switch log has you down at Post 39 until 1600.
Is that correct?
I'm sure it is, sir. They keep that log pretty good.
How far is it from Post 39 to the Windward Barracks?
Well, it's a ways, sir. It's a hike.
About how far by Jeep?
About ten or fifteen minutes, sir.
You ever had to walk it?
Yes, sir. That day, Friday. The pickup private-
That's what we call the guy who drops us off and picks us up...
also 'cause he can get girls in New York City.
The pickup private got a flat, sir, right at 39.
He pulled up and, bam, blowout with no spare.
So we had to double-time it back to the barracks.
And if it’s about ten or fifteen minutes by Jeep, I'm guessing...
it must be a good hour by foot, am I right?
Pickup and me did it in 45 flat, sir.
Not bad.
You've said that your assault on Private Santiago...
was a result of an order that Lieutenant Kendrick gave you...
in your barracks room at 1620, am I right?
Yes, sir.
But you just said that you didn't make it back to the barracks until 1645.
Sir?
Well, if you didn't make it back to the barracks until 1645...
how could you be in your room at 1620?
Well, you see, sir, there was a blowout-
Did you ever actually hear Lieutenant Kendrick order a Code Red?
Well, Hal said that-
Private, did you ever actually hear...
Lieutenant Kendrick order a Code Red?
No, sir.
I'd like to request a recess in order to confer with my client.
- Why did you go into Santiago's room? - The witness has rights!
- The witness has been read his rights. - The question will be repeated.
Why did you go into Santiago's room?
Did Lance Corporal Dawson tell you to give Santiago a Code Red?
- Don't look at him! - Hal!
Answer the captain's question!
Yes, Captain, I was given an order by my squad leader...
Lance Corporal Harold W. Dawson, United States Marine Corps...
and I followed it.
Where do you think he is?
As far as Downey was concerned, it was an order from Kendrick.
It doesn't matter that he didn't hear it firsthand.
He doesn't distinguish between the two.
Danny, I'm sorry.
Don't worry about it.
Sam and I were just talking about how all we really have to do...
is call some witnesses who will talk about implied orders.
Maybe we can put Downey back on the stand before we get to Dawson.
If we work at it, we can get Dawson charged with the Kennedy assassination.
Are you drunk?
Pretty much.
Yeah.
I'll put on a pot of coffee. We've got a long night's work ahead.
She's gonna make coffee.
That's nice.
Downey wasn’t in his room.
Wasn't even there.
That was an important piece of information, don’t you think?
Danny, it was a setback, and I'm sorry.
But we fix it, and move on to Markinson.
Markinson's dead.
You really gotta hand it to those Federal Marshals, boy.
It's not like he hanged himself by his shoelaces...
or slashed his wrists with a concealed butter knife.
This guy...
got into full dress uniform, stood in the middle of that room...
drew a nickel-plated pistol from his holster...
and fired a bullet into his mouth.
Anyway, since we seem to be out of witnesses, I thought I'd drink a little.
I still think we can win.
Maybe you should drink a little.
We'll go to Randolph in the morning and make a motion for a 24-hour continuance.
- Why would we want to do that? - To subpoena Colonel Jessup.
- What? - Listen for a second. Hear me out.
No. I won't listen, and I won't hear you out.
Your passion is compelling, Jo. It's also useless.
Louden Downey needed a trial lawyer today.
You're chickenshit.
You're gonna use what happened today as an excuse to give up.
It's over.
Why did you ask Jessup for the transfer order?
- In Cuba. Why? - What does it matter?
- I wanted the damn transfer order! - Bullshit.
You could've gotten it by calling any department at the Pentagon.
You didn't want the transfer order. You wanted to see Jessup’s reaction.
You had an instinct, and it was confirmed by Markinson.
Let's put Jessup on the stand and end this thing!
What possible good could come from putting Jessup on the stand?
He told Kendrick to order the Code Red.
He did? That's great! Why didn’t you say so?
And of course you have proof of that!
Oh, I'm sorry. I forgot. You were sick the day they taught law at law school.
You put him on the stand, and you get it from him.
Oh, we get it from him! Yes! No problem!
Colonel Jessup, isn't it true that you ordered the Code Red on Santiago?
- Listen, we're all a little- - I'm sorry. Your time's run out.
What do we have for the losers? Well, for our defendants...
it's a lifetime at exotic Fort Leavenworth.
And for Defense Counsel Kaffee...
it's a court-martial!
Yes, Johnny, after falsely accusing...
a highly decorated Marine officer...
of conspiracy and perjury...
Lieutenant Kaffee will have a long and prosperous career...
teaching typewriter maintenance at the Rocco Clubo School for Women.
Thank you for playing "Should we or should we not...
follow the advice of the galactically stupid?"
I'm sorry I lost your set of steak knives.
Stop cleaning up.
- Want a drink? - Yeah.
- Is your father proud of you? - Don't do this to yourself.
I'll bet he is.
I'll bet he bores the shit out of the neighbors and relatives.
"Sam's made Law Review. He's got a big case he's making.
He's arguing. He's making an argument. "
I think my father would’ve enjoyed seeing me graduate from law school.
I think he would've liked that an awful lot.
Did I ever tell you I wrote a paper about your father in college?
Yeah?
One of the best trial lawyers ever.
Yes, he was.
If I were Dawson and Downey and I had a choice...
between you or your father to represent me in this case...
I'd choose you any day of the week and twice on Sunday.
You should've seen yourself thunder away at Kendrick.
Would you put Jessup on the stand?
- Do you think my father would have? - With the evidence we got?
Not in a million years.
But here's the thing- and there's really know way of getting around this-
Neither Lyle Kaffee nor Sam Weinberg are lead counsel for the defense...
in the matter of U.S. v. Dawson and Downey.
So there's really only one question- What would you do?
Jo, get in the car. Joanne, please get in the car.
Look-
I apologize. I was angry. I'm sorry about what I said.
I'm gonna put Jessup on the stand.
What do you suggest we do?
I say we hit Jessup with the phony transfer order.
What's a transfer order without a witness?
- We have a witness. - A dead witness.
In the hands of a lesser attorney, that would be a problem.
Look at this. Last night he's swimming in Jack Daniels...
and now he can leap tall buildings in a single bound.
I'm getting my second wind. Sit down, both of you.
Good. Jessup told Kendrick to order the Code Red. Kendrick did.
Our clients followed the order. The cover-up isn't our case.
To win, Jessup needs to tell the court members that he ordered the Code Red.
- You think you can get him to say it? - I think he wants to say it.
I think he's pissed off that he's got to hide from us.
I think he wants to say that he made a command decision, and that's the end.
He eats breakfast 300 yards away...
from 4,000 Cubans that are trained to kill him.
No one's gonna tell him how to run his unit.
Least of all the Harvard mouth in his faggoty white uniform.
I need to shake him, put him on the defensive...
and lead him right where he's dying to go.
- That's it? That's the plan? - That's the plan.
- How are you gonna do it? - I have no idea.
- I need my bat. - Your what?
I think better with my bat. Where's my bat?
- I put it in the closet. - You put it in the closet?
- I was tripping on it. - Don't ever put that bat in the closet.
- He thinks better with his bat? - I can understand that.
Stay here. I'm going to the office for a while.
He does think better with that bat.
Sam, I need you to do something for me.
- What's going on? - Gotta go out to Andrews.
- Where's Sam? - He's on his way.
- Did he get the guys? - Yeah.
Listen, can I talk to you for a second?
Oh, yeah, sure.
How you feeling?
Well, I think Jessup’s gonna have his hands full today.
Listen, Danny...
when you're out there today...
if you feel like it's not gonna happen...
if you feel like he's not gonna say it...
don't go for it.
You could get in trouble.
I'm special counsel for Internal Affairs...
and I'm telling you you could get in a lot of trouble.
Wait, Lieutenant Commander Galloway...
you're not suggesting that I back off a material witness?
If you think you can't get him, yeah.
All rise.
- Where's Sam? - He's on his way.
- Call your first witness. - Where is he?
- He'll be here. - Lieutenant.
Call your witness.
Defense calls Colonel Nathan Jessup.
Colonel Jessup, would you raise your right hand please, sir?
Do you solemnly swear that the testimony you will give in this court-martial...
will be the truth, the whole truth and nothing but the truth?
Yes, I do.
Have a seat please, sir.
Would you state your name, rank and current billet for the record, sir?
Colonel Nathan R. Jessup, commanding officer...
Marine Ground Forces, Guantanamo Bay, Cuba.
- Thank you, sir. - He's not here.
Colonel, when you learned of Santiago’s letter to the N.I.S...
you had a meeting with your two senior officers.
- Is that right? - Yes.
The platoon commander, Lieutenant Jonathan Kendrick...
and the executive officer, Lieutenant Colonel Matthew Markinson.
Yes.
And at present Colonel Markinson is dead. Is that right?
Objection. I'd like to know just what the defense counsel is implying.
I'm implying simply that at present Colonel Markinson is not alive.
Colonel Jessup doesn't need to appear in court to confirm that information.
I just wasn't sure the witness was aware that two days ago...
the colonel took his own life with a .45-caliber pistol.
The witness is aware, the court is aware...
and now the court members are aware.
We thank you for bringing this to our attention.
Move on, Lieutenant..
Yes, sir.
Colonel, you gave Lieutenant Kendrick an order at this meeting, right?
I told Kendrick to tell his men that Santiago wasn't to be touched.
And did you give an order to Colonel Markinson as well?
I ordered Markinson to have Santiago transferred off the base immediately.
Why?
I felt his life might be in danger once word of the letter got out.
Grave danger?
Is there another kind?
Colonel, we have the transfer order that you and Markinson co-signed...
ordering that Santiago be on a flight leaving Guantanamo at 6:00 the next morning.
- Was that the first flight? - The 0600 was the first flight.
You flew up to Washington this morning. Is that right?
I notice you’re wearing your class "A" dress uniform in court today.
- As are you, Lieutenant. - Did you wear that on the plane?
Please the court, is this dialogue relevant to anything-
Defense didn't have the opportunity to depose this witness.
- I'd ask for a little latitude. - A very little latitude.
I wore utilities on the plane.
- You brought your dress uniform? - Yes.
- Toothbrush, shaving kit, underwear? - Your Honor!
Is the colonel's underwear a matter of national security?
Gentlemen! You better get somewhere fast with this, Lieutenant.
Yes, sir. Colonel?
I brought a change of clothes and some personal items.
Thank you.
After Dawson and Downey's arrest on the night of the sixth...
Santiago's barracks were sealed off and its contents inventoried.
" Four pairs camouflage pants, three long-sleeve khaki shirts...
three pairs of boots, four pairs green socks, three green T-shirts-"
Please the court, is there a question anywhere in our future?
Lieutenant Kaffee, I have to ask you to state your question.
I'm wondering why Santiago wasn't packed.
I'll tell you what. We'll get back to that one in a minute.
This is a record of all phone calls made from your base in the past 24 hours.
After being subpoenaed to Washington, you made three calls.
Do you recognize those number, sir?
I called Colonel Fitzhughes in Quantico, Virginia.
I wanted to let him know that I would be in town.
The second call was to arrange a meeting with Congressman Richmond...
of the House Armed Services Committee.
And the third call was to my sister Elizabeth.
Why did you make that call, sir?
I thought she might like to have dinner tonight.
- I'm gonna stop this. - These are phone records from Gitmo...
for September 6, and these are 14 letters...
that Santiago wrote in nine months...
requesting- in fact, begging- for a transfer.
Upon hearing the news that he was finally getting his transfer...
Santiago was so excited that do you know how many people he called?
Zero. Nobody.
Not one call to his parents saying he was coming home.
Not one call to a friend, saying, "Can you pick me up at the airport?"
He was asleep in his bed at midnight, and according to you...
he was getting on a plane in six hours.
Yet everything he owned was hanging neatly in his closet...
and folded neatly in his footlocker.
You were leaving for one day. You packed a bag and made three calls.
Santiago was leaving for the rest of his life...
and he hadn't called a soul...
and he hadn't packed a thing.
Can you explain that?
The fact is, there was no transfer order.
Santiago wasn't going anywhere. Isn't that right, Colonel?
Objection. Your Honor, it's obvious that Lieutenant Kaffee's intention...
is the smear a high-ranking Marine officer...
in the hope that the mere appearance of impropriety will win him points.
It's my recommendation, sir, that Lieutenant Kaffee be reprimanded...
and the witness be excused with the court's deepest apologies.
Overruled. Your objection is noted.
Is this funny, sir?
No, it's not. It's tragic.
- Do you have an answer? - Absolutely.
My answer is, I don't have the first damn clue.
Maybe he was an early riser and liked to pack in the morning.
And maybe he didn't have any friends.
I'm an educated man, but I'm afraid I can't speak intelligently...
about the travel habits of William Santiago.
What I do know is that he was set to leave the base at 0600.
Now, are these really the questions that I was called here to answer?
Phone calls and footlockers?
Please tell me that you have something more, Lieutenant.
These two Marines are on trial for their lives.
Please tell me that their lawyer hasn't pinned their hopes to a phone bill.
Do you have any other questions for me, counselor?
Lieutenant, do you have anything further for this witness?
Thanks, Danny. I love Washington.
Excuse me. I didn't dismiss you.
I beg your pardon?
I'm not through with my examination. Sit down.
- Colonel. - What's that?
I'd appreciate it if you’d address me as "colonel" or "sir. "
I believe I've earned it.
Defense counsel will address the witness as "colonel" or "sir. "
I don't know what the hell kind of unit you're running here.
The witness will address this court as "judge" or "your honor. "
I'm quite certain I've earned it. Take your seat, Colonel.
What do you want to discuss now? My favorite color?
Colonel, the 6:00 a. m. flight was the first one off the base?
Yes.
There wasn't a flight that left seven hours earlier...
and landed at Andrews Air Force Base at 2:00 a. m.?
Lieutenant, I think we've covered this, haven't we?
Your Honor, these are the tower chief’s logs...
for both Guantanamo Bay and Andrews Air Force Base.
The Guantanamo log lists no flight that left at 11:00 p. m.
The Andrews log lists no flight that landed at 2:00 a. m.
I'd like to admit them as defense exhibits Alpha and Bravo.
I don't understand. You're admitting evidence of a flight that never existed.
We believe it did, sir.
Defense will be calling Airmen Cecil O'Malley and Anthony Rodriguez.
They were working the ground crew at Andrews at 2:00 a. m. on the 7th.
- These men weren't on the list. - Rebuttal witnesses, Your Honor...
called specifically to refute testimony offered under direct examination.
- I'll allow the witnesses. - This is ridiculous.
- Colonel, a moment ago- - Check the tower logs, for Christ's sake!
We'll get to the airmen in just a minute, sir.
A moment ago you said that you ordered Lieutenant Kendrick...
to tell his men that Santiago wasn't to be touched.
That's right.
And Lieutenant Kendrick was clear on what you wanted?
Crystal.
Any chance Lieutenant Kendrick ignored the order?
Ignored the order?
Any chance he forgot about it?
Any chance Lieutenant Kendrick left your office and said, "The old man is wrong"?
When Lieutenant Kendrick spoke to the platoon...
and ordered them not to touch Santiago, any chance they ignored him?
You ever served in an infantry unit, son?
- No, sir. - Ever served in a forward area?
Ever put your life in another man's hands?
Asked him to put his life in yours?
We follow orders, son.
We follow orders, or people die.
It's that simple. Are we clear?
Yes, sir.
Are we clear?
Crystal.
I have just one more question before I call Airmen O'Malley and Rodriguez.
If you gave an order that Santiago wasn't to be touched...
and your orders are always followed...
then why would Santiago be in danger?
Why would it be necessary to transfer him off the base?
Santiago was a substandard Marine.
- He was being transferred- - That's not what you said!
You said he was being transferred because he was in grave danger.
I said, "Grave danger?" You said, "Is there any other kind?"
- I recall what I said. - I can have it read back to you.
I know what I said! I don't have to have it read back to me.
Then why the two orders? Colonel?
Sometimes men take matters into their own hands.
You've made it clear that your men never take matters into their own hands.
Your men follow orders, or people die.
So Santiago should have been in danger, should he?
- You snotty little bastard. - I'd like to ask for a recess.
- I'd like an answer to the question. - The court will wait for an answer.
If Lieutenant Kendrick gave an order...
that Santiago wasn't to be touched...
then why did he have to be transferred?
Lieutenant Kendrick ordered the Code Red because that's what you told him to do!
- Object! - And then you cut these guys loose!
- I'll hold you in contempt. - You doctored the logbook!
- Damn it, Kaffee! - Consider yourself in contempt.
Colonel Jessup, did you order the Code Red?
- You don't have to answer that. - I'll answer the question.
- You want answers? - I think I'm entitled!
- You want answers? - I want the truth!
You can't handle the truth!
Son, we live in a world that has walls...
and those walls have to be guarded by men with guns.
Who's gonna do it? You? You, Lieutenant Weinberg?
I have a greater responsibility than you can possibly fathom.
You weep for Santiago, and you curse the Marines.
You have the luxury of not knowing what I know-
that Santiago's death, while tragic, probably saved lives.
And my existence, while grotesque and incomprehensible to you, saves lives!
You don't want the truth because deep down you don't talk about...
you want me on that wall.
You need me on that wall!
We use words like honor, code, loyalty.
We use these words as the backbone of a life spent defending something.
You use them as a punch line.
I have neither the time nor the inclination to explain myself...
to a man who rises and sleeps under the blanket of the freedom I provide...
and then questions the manner in which I provide it!
I would rather you just said thank you and went on your way.
Otherwise, I suggest you pick up a weapon and stand a post.
Either way, I don't give a damn what you think you are entitled to!
Did you order the Code Red?
- I did the job- - Did you order the Code Red?
You're goddamned right I did!
Please the court, I suggest the members be dismissed...
so that we can move to an immediate Article 39-A session.
The witness has rights.
Captain Ross?
The members of the court will retire to an anteroom until further instructed.
All rise.
What the hell is this? Colonel, what's going on?
I did my job. I'd do it again.
I'm gonna get on a plane and go on back to my base.
You're not going anywhere, Colonel. M.P.s, guard the colonel.
Yes, sir.
- Captain Ross. - What the hell is this?
Colonel Jessup, you have the right to remain silent.
I'm being charged with a crime? Is that what this is?
- I'm being charged with a crime? - You have a right to consult a lawyer.
- This is funny. That's what this is. - This lawyer may be appointed by you.
I'm gonna rip the eyes out of your head and piss in your dead skull!
You fucked with the wrong Marine!
Colonel Jessup, do you understand these rights as I have just read them?
You fucking people.
You have no idea how to defend a nation.
All you did was weaken a country today, Kaffee.
That's all you did.
You put people's lives in danger. Sweet dreams, son.
Don't call me son.
I'm a lawyer and an officer in the United States Navy...
and you're under arrest, you son of a bitch.
The witness is excused.
All rise.
Have the members reached a verdict?
We have, sir.
Lance Corporal Dawson and Private First Class Downey.
On the charge of murder, the members find the accused...
not guilty.
On the charge of conspiracy to commit murder...
the members find the accused not guilty.
On the charge of conduct unbecoming a United States Marine...
the members find the accused guilty as charged.
The accused are hereby sentenced to time already served...
and you are ordered to be dishonorably discharged from the Marine Corps.
This court-martial is adjourned.
All rise.
What does that mean?
Hal?
What did that mean?
I don't understand. Colonel Jessup said he ordered the Code Red.
- I know. - What did we do wrong?
- It's not that simple. - We did nothing wrong!
Yeah, we did.
We were supposed to fight for people who couldn't fight for themselves.
We were supposed to fight for Willie.
I have to take these men over to personnel for some paperwork.
You don't need to wear a patch on your arm to have honor.
There's an officer on deck.
Airmen Cecil O'Malley and Anthony Rodriguez-
What exactly were these guys gonna testify to?
Unless I'm mistaken, they were both gonna testify under oath...
that they had absolutely no recollection of anything.
- Strong witnesses. - And handsome too, don’t you think?
I'll see you around campus. I gotta go arrest Kendrick.
Tell him I say hi.
Will do.
Support us and become VIP member to remove all ads from www.OpenSubtitles.org