[♪♪♪]
[SANTIAGO GRUNTING]
[MUFFLED GRUNTING]
[BAND PLAYING UPBEAT MARCH]
[SNARE DRUM PLAYING SOMBER MARCH]
OFFICER: Forward march!
[OFFICER SHOUTS COMMAND]
[SNARE DRUM PLAYING SOMBER MARCH]
[OFFICER SHOUTS COMMAND]
I'm requesting, um...
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 confidence-inspiring.
Good grammar, there.
Captain, I'd like to request that I be the attorney assigned.
Hi, I'm Lieutenant Commander Galloway,
here to see Captain West.
Go right in, they're expecting you.
Thank you.
[MAN LAUGHING]
Jo, come on in. Thank you, sir.
GIBBS: Captain West, this is Lieutenant Commander Galloway.
You know Commander Lawrence? Yes, sir.
I appreciate you seeing me.
Would you like to sit down? I'm fine, sir.
Have a seat. Okay.
We've had some trouble in Cuba?
Uh, yes, sir. This past Friday.
Two Marines, a Lance Corporal Dawson and a Private Downey
entered the barracks room of a PFC William Santiago
and assaulted him. Santiago died at the base hospital
approximately an hour later.
The NIS agent who took Dawson and Downey's statements
maintains they were trying to stop Santiago from naming
Dawson in a fenceline shooting incident.
The hearing's in Cuba at 1600. What's the problem?
Dawson and Downey are recruiting-poster Marines.
Santiago was known to be a screw-up.
I was thinking it sounded 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, I'd like to suggest that I be the one who that...
That it be me, uh,
who is assigned to represent them, myself.
Why don't you get 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 there?
We'd better find out before the rest of the world does.
What about this Commander Galloway?
She's been working a desk at Internal Affairs
for, what, a little over a year.
Before that?
She disposed of three cases in two years.
Three in two years? Who's she handling, the Rosenbergs?
She's not a litigator. She's a hell of an investigator.
In Internal Affairs, sure.
She can crawl up a lawyer's ass with the best.
When it comes to trial work--
I know, I know, all passion, no street smarts.
Bring her back in.
Jo.
We'll have the defendants moved up here in the morning.
Thank you, sir.
And I'll have Division assign them counsel.
But not me?
From what I understand, you're much too valuable
to be wasted on what I'm sure will boil down to
a five-minute plea bargain and a week's paperwork.
Sir, there might be more involved than that.
Don't worry about it.
Division will assign the right man for the job.
All right, let's go, let's get two!
SHERBY: Sorry.
Nothing to be sorry about, Sherby.
You just look the ball into your glove.
Shooting two.
Sorry.
Trust me, Sherby. Keep your eyes open,
your chances of catching increase by 10.
SPRADLING: Kaffee. Let's try it again.
Kaffee! Dave, you seem distraught.
We were supposed to meet in your office 15 minutes ago.
You're stalling on the McDermott case.
We either get it done now, or no kidding,
I'm gonna hang your boy from a fucking yardarm!
Yardarm?
Does the Navy still hang people from yardarms?
I don't think so.
Sherby doesn't think the Navy
hangs people from yardarms anymore.
I'm gonna charge him with possession
and being under the influence while on duty.
You plead guilty, I'll recommend 30 days in the brig.
It was oregano. It was $10's worth of oregano.
Your client thought it was marijuana.
My client's a moron. That's not against the law.
I got people to answer to. I'm gonna charge him.
With possession of a condiment?
Kaffee. I tried to help,
but if you ask for jail time, I'll file a motion to dismiss.
You won't get it. I will get it.
If not, I'll file a motion seeking to obtain
an evidentiary ruling in advance.
Then I'll file against pre-trial confinement.
You're gonna spend three months going blind on paperwork
because a signalman 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.
You have wisdom beyond your years.
WHITAKER: Good morning.
ALL: Good morning, captain.
How's the baby, Sam?
She'll say her first word any day now.
How can you tell?
She just looks like she has something to say.
Excuse me, sorry I'm late.
I know you don't have a good excuse,
so I won't force you to tell a bad one.
Thank you, sir. This first one's for you.
Seems you're moving up in the world.
You've been requested by Division.
[ALL EXCLAIMING]
Requested to do what?
Guantanamo Bay, Cuba.
A Marine Corporal named Dawson illegally fires a round
from his weapon, over the fenceline and into Cuba.
What's a fenceline? WHITAKER: Sam.
A big wall separating the good guys from the bad guys.
Teacher's pet.
PFC William Santiago threatens to rat on Dawson
to the Naval Investigative Service.
Dawson and another member of his squad, PFC 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.
KAFFEE: What do they say?
Not much. They're being flown up tomorrow.
On Wednesday at 0600, you'll catch a transport down to Cuba
to find out what you can.
Meantime, go and see Lieutenant Commander
JoAnne Galloway with Internal Affairs.
Any questions?
The flight to Cuba, was that 0600 in the morning, sir?
It's important this one go by the book,
so I'm assigning co-counsel.
Any volunteers?
No. Sam.
Sir, I got a stack of papers on my desk--
Work with Kaffee on this.
Doing what? He'll have this done in four days.
Doing various administrative things.
Backup. Whatever.
In other words, I have no responsibilities?
Right.
My kind of case.
GALLOWAY: Right. Right.
Okay, but I gotta have that report by Wednesday.
Hi. Hold on. Hi.
Daniel Kaffee. I was told to meet 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.
[CRUNCHING]
How long have you been in the Navy?
Going on nine months now.
And how long have you been out of law school?
Little over a year.
I see.
Have I done something wrong? No.
When I petitioned Division to have counsel assigned
I was hoping I would be taken seriously.
No offense taken, in case you were wondering.
Lieutenant Kaffee is considered
the best litigator in our office.
He successfully plea-bargained 44 cases in nine months.
One more, I get a set of steak knives.
Have you ever been in court?
I once had my license suspended. WEINBERG: Danny.
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 relative is his aunt.
She hasn't been contacted yet, would you like me to do that?
Sure, if you feel like it.
One of the people you'll be seeing
is the barracks C.O., Colonel Nathan Jessep.
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
at National Security Council. Really?
Here are Santiago's letters from Gitmo.
That's Guantanamo Bay. I knew that one.
He wrote to the fleet commander, HQ Atlantic,
the Marine commandant, even his senator.
He wanted to be transferred. 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
fenceline shooting in exchange for a transfer.
Right. Is that all?
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.
These letters don't paint a flattering picture of
Marine Corps life at Guantanamo Bay?
Yes, among other-- And am I right in assuming that
a protracted investigation might embarrass
the Security Council guy?
Colonel Jessep-- KAFFEE: 12 years.
I'm sorry?
I'll get them to drop conspiracy and conduct unbecoming.
12 years.
You haven't talked to a witness
or looked at a piece of paper.
Pretty impressive, huh?
You'll have to go deeper than that.
Do you have some jurisdiction here 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 a report when you return from Cuba.
Sure.
You're dismissed.
[SIGHS]
I always forget that part.
He's a little preoccupied.
Ahem. 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.
SANTIAGO: Dear sir, my name is PFC William T. Santiago.
I'm a Marine stationed at Marine barracks
Rifle Security Company Windward, 2nd Platoon Bravo.
I am writing to inform you of my problems here in Cuba
and to ask for your help.
I've fallen out of runs before,
because of dizziness or nausea.
But on May 18th, I'd fallen back about 20 yards
going down a rocky, unstable hill.
My sergeant grabbed me and pushed me down the hill.
Then I saw all black and the last thing I remember
is 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 need a transfer out of RSC.
Sincerely, PFC William T. Santiago, U.S. Marine Corps.
P.S. In exchange for my transfer off the base,
I'm willing to provide you with...
JESSEP: "...information about an illegal fenceline shooting
that occurred the night of August 2nd."
Who the fuck is PFC William T. Santiago?
Private Santiago's a member of 2nd Platoon Bravo, sir.
Yeah. Apparently he's not very happy
down here at Shangri-la because he's written letters
to everybody but Santa Claus, asking for a transfer.
Now he's telling tales about a fenceline 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 discuss it in private.
That won't be necessary.
I can handle this situation, sir.
Like you handled Curtis Bell? Sir, your methods--
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 immediately.
He's that bad, huh?
Word of this letter is bound to get out,
he's gonna get his ass whipped.
Hmm.
Transfer Santiago? Yes.
Sure, you're right.
I'm sure that's the thing to do.
Wait. 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.
Jon, go get those boys 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. JESSEP: Wait a minute, Tom.
Don't get the president yet. Maybe we should
consider this for a second.
Dismissed, Tom. Yes, sir.
[DOOR CLOSING]
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.
Jon, you're in charge.
Santiago doesn't make 4.6, 4.6
on his next proficiency and conduct report,
and 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.
Jon, 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 your suggestions.
Dismissed. Yes, sir.
[DOOR OPENS THEN CLOSES]
Matthew, sit down. Please.
What do you think of Kendrick?
I don't think my opinion of Kendrick has any--
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 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 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,
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.
[♪♪♪]
M.P.: All the paperwork's in order.
Step over there. DAWSON: Yes sir.
Hal, is this Washington D.C.?
All right, let's move.
Yes, sir.
KAFFEE: 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! Oh, Dawson and Downey. Right.
I've done something wrong again, haven't I?
I was wondering why two guys
have been locked up since this morning
while their lawyer's out hitting a ball.
[GRUNTS]
We need the practice.
That wasn't funny.
It was a little funny.
Lieutenant, would you be very insulted
if I recommended different counsel?
Why?
I don't think you're fit to handle the defense.
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 8th, 1964
at Boston Mercy Hospital.
Your father's Lionel Kaffee, former Navy Judge Advocate
and Attorney General of the U.S., died 1985.
You went to Harvard Law, then joined the Navy,
probably because that's what your father wanted.
Now you're just treading water
for the 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 if this case is handled
in the same fast-food, slick-assed manner
with which you handle everything else,
then something's gonna get missed.
And I wouldn't be doing my job
if I allowed Dawson and Downey to sit in prison
because their attorney 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.
Doctor's report says Santiago died of asphyxiation
from acute lactic acidosis,
and the nature of the acidosis strongly suggests poisoning.
Now, I don't know what that means, but it sounds bad.
Santiago died at 1 a.m.
At 3, 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 the candlestick.
I'm gonna talk to your supervisor.
Okay. Go straight up Pennsylvania Avenue.
It's the big white house with the pillars.
Thank you.
I don't think you'll have much luck.
I was assigned by Division.
Somebody 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.
[GATE BUZZES]
Morning, sir. KAFFEE: Morning.
Officer on deck, ten-hut!
Lance Corporal Harold Dawson, sir!
Rifle Security Company Windward. Second Platoon Bravo.
Someone hasn't been working and playing well with others.
Sir! Yes, sir!
Sir! PFC Louden Downey, sir!
I'm Daniel Kaffee, this is Sam Weinberg. Sit down.
Is this your signature?
Yes, sir.
Don't have to call me sir. Is this yours?
Sir, yes, sir!
Certainly don't need to do it twice in one sentence.
What's a Code Red?
It's a disciplinary engagement.
What's that mean exactly?
A Marine falls out of line,
it's up to his unit to get him on track.
What's a garden-variety Code Red?
Sir?
Harold, you say "sir," and I look for my father.
Danny, Daniel Kaffee.
Garden-variety. Typical. What's a basic Code Red?
Sir, a Marine refuses to bathe on a regular basis,
the men in his squadron give him a GI shower.
What's that?
Scrub brushes, brillo pads, steel wool.
Beautiful.
Was the attack on Santiago a Code Red?
Yes, sir.
Does, uh, he ever talk?
Sir, PFC 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.
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 arrested.
On August 2nd, did you fire a shot
across the fenceline, into Cuba?
Yes, sir. Why?
My mirror engaged, sir. His "mirror"?
For every American sentry posted,
there's a Cuban counterpart called "mirrors."
Lance corporal claims his mirror was about to fire at him.
Santiago's letter to the NIS said you fired illegally.
He's saying the guy, the mirror, he never made a move.
Oh, Harold?
You see what I'm getting at?
If Santiago didn't have anything on you,
why did you give him a Code Red?
Because he broke the chain of command, sir.
He what? He went outside of his unit.
If he had a problem, he should have spoken to me, sir,
then his sergeant, then company commander, then--
All right, all right.
Did you assault Santiago with intent to kill?
DAWSON: No, sir. What was your intent?
To train him, sir. Train him to do what?
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.
[SIGHS]
The government of the United States
wants to charge you two with murder.
And you want me to tell the prosecutor with:
"Unit, Corps, God, country"?
That's our code, sir.
That's your code. That's your code.
We'll be back.
You guys need anything? Books? Papers?
Cigarettes? Ham sandwich?
Sir! No, thank you, sir!
Harold, there's a concept you'd better start warming up to.
Sir?
I'm the only friend you've got.
[♪♪♪]
Dan Kaffee. Smiling Jack Ross.
Welcome to the big time. You think so?
Let's hope you practice law better than you play softball.
Unfortunately,
I don't do anything better than I play softball.
I'm out of here, Jenelle! JENELLE: Bye.
See you when I get back from Cuba.
JENELLE: Say hi to Castro. Will do.
What're we looking at? They plead guilty,
we drop conspiracy and conduct unbecoming,
20 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 says, maybe, maybe not.
The chief of internal medicine at Guantanamo says he's sure.
What do you know about Code Reds?
Oh, man.
Are we off the record? You tell me.
I'm gonna give you the 12 years.
But before you get into trouble tomorrow,
you should know, the platoon commander, Kendrick,
held a meeting with the men
and specifically told them not to touch Santiago.
We still playing hoops tomorrow?
Do we have a deal?
I'll talk to you when I get back.
GALLOWAY: Hi there.
Any luck getting me replaced?
Is there anyone in this command
you don't drink or play softball with?
Commander-- Listen, I came to make peace.
We got off on the wrong foot.
What do you say, friends?
Look, I don't-- I brought Downey
some comic books he was asking for.
The kid, I swear, doesn't even know why he's been arrested.
Commander-- You can call me JoAnne.
JoAnne? Or Jo.
Jo? Yes.
Jo, if you speak to a client of mine again without permission
I'll have you disbarred. Friends?
I had authorization.
From where?
Downey's closest 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 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, Uncle Goober can be the judge.
I'm going to Cuba with you tomorrow.
And the hits just keep on coming.
♪ You ain't nothin' But a hound dog ♪
♪ Been snoopin' round my door ♪
♪ You ain't nothin' But a hound dog ♪
♪ Been snoopin' round my door ♪
♪ You can wag your tail ♪
♪ But I ain't gonna Feed you no more ♪
How's it going, Luther?
LUTHER: Another day, another dollar.
Gotta play them as they lay.
What goes around comes around. Can't beat them, join them.
At least I got my health.
Well, you got everything.
See you tomorrow, Luther.
Not if I see you first.
WEINBERG: You're my witness. The baby spoke.
My daughter said a word.
She made a sound. I'm not sure it was a word.
Come on, now. It was definitely a word.
Okay.
You heard her.
She pointed and said "Pa." She did.
She was pointing at a mailbox, Sam.
That's right.
Pointing as if to say, "Pa! Look, a mailbox."
[BABY GURGLING]
Jack Ross offered me the 12 years.
That's what you wanted, right? I know, and I'll...
I mean, I guess 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 life.
I believe every word of their story,
and I think they ought to go to jail for life.
[BABY GURGLING]
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, it keeps you from throwing up. You get sick when you fly.
I get sick when I fly because I'm afraid of crashing.
I don't think Dramamine will help.
I got some oregano, I hear that works pretty good.
Ross said the strangest thing to me right before I left.
He said that Platoon Commander Lieutenant Kendrick
had told the men specifically not to touch Santiago.
So?
I don't even know who Kendrick is.
Ah, what the hell. I'll see you tomorrow.
[ENGINE STARTS]
[HORN HONKS]
[♪♪♪]
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,
I suggest you both put them on.
Camouflage jackets?
Yes, sir. We'll be riding pretty close to the fenceline.
If the Cubans see an officer wearing white,
they think it might be someone they wanna take a shot at.
Good call, Sam.
BARNES: We'll just hop on the ferry. We'll be there in no time.
Whoa! Hold it. We gotta take a boat?
Yes, sir, to get across the bay.
No one said anything about a boat.
Is there a problem, sir?
No, no problem, I'm just not that crazy about boats.
Jesus Christ, Kaffee,
you're in the Navy, for crying out loud!
Nobody likes her very much.
Yes, sir.
[MARINES SINGING INDISTINCTLY]
Nathan Jessep. 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.
Observing and evaluating.
Lieutenant Weinberg, he'll be assisting.
This is XO, Colonel Markinson,
and Platoon Leader Lieutenant Kendrick.
I've asked them to join us. Sit down, please.
Lieutenant Kaffee. 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?
Jon, 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 little black girl
couldn't go to an all-white school.
Lionel Kaffee said, "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 fucking asshole.
Not at all, sir.
What can we do for you, Danny?
Uh, not much, sir.
This is really a formality more than anything else.
JAG Corps insist we interview all the relevant witnesses.
The JAG Corps can be demanding that way.
Jon 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? Fine, sir.
Thank you.
[MARINES SINGING INDISTINCTLY]
You met with the men that afternoon.
Yes. I did. What did you guys talk about?
I told them we had an informer among us
and that, despite any desire they had for retribution,
Private Santiago was not to be harmed in any way.
What time was that meeting? 1600.
That's 4:00.
[♪♪♪]
We should make sure somebody gets this to his parents.
We don't need it anymore.
Right.
Lieutenant Kendrick, may I call you Jon?
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.
GALLOWAY: Lieutenant Kendrick,
do you think Santiago was murdered?
Commander, I believe in God and his son Jesus Christ.
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, and 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 you just gonna take the guided tour?
I'm pacing myself.
JESSEP: Heh-heh. They were running around for three hours
looking for anything white to wave.
Some of these people surrendered to a crew from CNN.
[ALL LAUGHING]
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 6th.
Shoot.
An NIS agent told you that Santiago
tipped him off to a fenceline shooting. Yes.
Santiago was gonna reveal who did it
in exchange for a transfer.
Yes.
If you feel there are any details that I'm missing,
feel free to speak up.
Thank you.
You called Lieutenant Colonel Markinson
and Lieutenant Kendrick into your office.
Is that right? Yes.
And what happened then?
We agreed that, for his own safety,
Santiago should be transferred off the base.
Santiago was set to be transferred?
JESSEP: On the first flight to the States. 0600, the next morning.
Five hours too late, as it turned out.
Yeah.
All right, that's all. Thanks very much for your time.
The corporal's waiting outside with a jeep.
He'll take you back.
Thank you, sir. Wait, I've got some questions.
No, you don't. Yes, I do.
No, you don't.
On the morning Santiago died,
did you meet with Dr. Stone between 3 and 5?
Jo...
Of course. One of my men was dead.
You see? The man was dead. Let's go.
I'm wondering if you've heard the term Code Red.
I've heard the term, yes.
This past February, you received a memo
from the Atlantic Fleet commander
warning that enlisted men disciplining their own
wasn't to be condoned by officers.
I submit to you that
whoever wrote that memo has never faced
the working end of a 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, it's part of her charm.
We're out of here. Thank you.
My point is that I think Code Reds still go on down here.
Do Code Reds still happen on this base?
He doesn't need to answer that.
Yes, he does. No, he really doesn't.
Yeah, he really does.
Colonel?
You know, it just hit me.
She outranks you, Danny.
Yes, sir.
I want to tell you something.
And listen up, because I 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 them all, I say, because 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.
The practice of Code Reds
is still condoned on this base, isn't it?
My problem is I'm a colonel,
so I'll just have to take cold showers
until they elect some gal president.
[MEN LAUGHING]
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 discourage the practice
in accordance with the directive.
Off the record, I tell you,
it is an invaluable part of infantry training.
If it goes on without my knowledge, so be it.
I run my unit how I run my unit.
You want to 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 it.
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 any way I can.
Thank you.
You believe that, don't you, Danny?
That I'm here to help you in any way I can?
Of course.
The corporal will take you by Personnel
on your way to the flight line,
and you can have all the transfer orders that you want.
But you have to ask me nicely.
I beg your pardon?
You have to ask me nicely.
See, I can deal with the bullets,
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 got to ask me nicely.
Colonel Jessep, if it's not too much trouble
I'd like a copy of the transfer order.
Sir.
No problem.
[♪♪♪]
[GAME PLAYING INDISTINCTLY ON TV]
[COMMENTATORS CHATTERING ON TV]
[KNOCK ON DOOR]
Who is it? GALLOWAY: It's me.
Jo.
I've really missed you. I was just saying,
it's been three hours--
Markinson's disappeared.
What? Colonel Markinson's gone U.A.
Unauthorized Absence.
I know what it means. When?
This afternoon, after we left.
I'll try to find him in the morning.
I've already tried.
You tried?
You're coming dangerously close to interfering
with a government investigation.
I'm Louden Downey's attorney.
Aunt Ginny feels like she knows me.
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, you're still lead counsel.
Splendid.
I think Kendrick ordered the Code Red, and so do you.
Let's go.
Sir.
Officer on deck, ten-hut!
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 asked you.
Did Lieutenant Kendrick order you to give Santiago a Code Red?
Yes, sir.
Did he?
Yes, sir.
[SCOFFING]
You mind telling me why you didn't mention this before?
You didn't ask us, sir.
Corporal, I get paid no matter
how much time you spend in jail.
Yes, sir. I know you do, sir.
Fuck you, Harold! GALLOWAY: All right.
At ease.
Let's sort this thing out. Shit.
There was a platoon meeting on September 6th at 4.
Lieutenant Kendrick says he strict instructions
that nothing was to happen to Santiago.
Now, is this true?
I want you to speak freely.
[SIGHS]
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.
When?
About five minutes after the meeting broke. About 1620.
And what happened then?
Lieutenant Kendrick ordered us
to give Santiago a Code Red.
[MEN SHOUTING]
Jack! Jack!
They were given an order.
Jack, come on.
I'll be right back.
PLAYER: Where you going, Jack? Be right back.
How long did you know about the order?
I didn't. Who's this?
It's Jo Galloway, Downey's lawyer.
She's very pleased to meet you.
What are you accusing me of?
How long have you known about the order?
He didn't know. If he did and didn't tell us,
he'd be violating the code of ethics.
He's got enough to worry about.
God forbid our clients plead not guilty,
and testify for the record they were ordered.
Kendrick told those men not to touch Santiago.
Then he told Dawson and Downey to give him a Code Red.
That's not what Kendrick said. Kendrick's lying.
You have proof? I have the defendants.
And I have 23 Marines and a lieutenant
with four letters of commendation.
Why did Markinson go U.A.? We'll never know.
I can't subpoena Markinson? You won't find him.
You know what Markinson did
for 17 years of his 26 years in Corps?
Counter-Intelligence.
Markinson's gone. There is no Markinson.
Look, Danny, Jessep's star is on the rise.
Division'll give me a lot of room on this one
to spare Jessep and the Corps any embarrassment.
How much room?
I'll knock it all down to involuntary manslaughter.
Two years. They're home in six months.
No deal, we're going to court. KAFFEE: Jo--
ROSS: No, you're not. Why not?
'Cause you'll lose, and Danny knows it.
And he knows that if we do go to court,
I'm gonna have to go all the way.
They're gonna be charged with the whole truckload.
Murder, conspiracy, conduct unbecoming.
And even though he knows he's got me by the balls out there,
Danny knows that in a courtroom, he loses this case.
You see, Danny is an awfully talented lawyer
and he's not about to see his clients go to jail for life
when he knows they could 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.
You'll 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?
No. We have a code, sir.
Well, zippity-doo-dah! You and your code plead not guilty,
you'll be in jail for 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'd be dishonorably discharged, right?
Probably.
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 the 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. Please?
Sergeant! We'll go in the other room.
We'd like to go in another holding room.
Aye, aye, ma'am. It's gonna be okay.
KAFFEE: Sit down.
You, uh, heh.
You don't like me very much, do you?
Forget it, don't answer that. It doesn't matter.
[KAFFEE SIGHS]
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, Harold.
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.
KAFFEE: I don't believe it. 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 down.
I want to get him a new lawyer. How do I do it?
You just make a motion tomorrow morning at the arraignment.
The judge'll ask you if you want to enter a plea
and you tell him 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 Nuremberg.
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'll get them a new attorney.
Why are you so afraid to be a lawyer? Look--
Were Daddy's expectations really that high?
Oh, please, spare me the psycho-babble father bullshit!
Dawson and Downey'll have their day in court
but they'll have it 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, look, you want to take this to court,
you're gonna have to force me to file,
like, nine kinds of discovery motions and you're gonna spend
the better part of a year going blind on paperwork,
'cause a 90-year-old man misread the Delaware Insurance Code.
WOMAN: So, what happened?
MAN: He calls back 15 minutes later and says, "Let's make a deal."
Can I get two more of these?
[♪♪♪]
[COUGHS]
All rise.
Where are we?
Docket number 411275 VR-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 defense wish to enter a plea?
Yeah.
They're not guilty.
JUDGE: 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 nine 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, before you come over, pick up a carton of legal pads,
half a dozen boxes of red pens, half a dozen of black.
Sam, get a couple of desk lamps.
I need you to start on a preliminary medical profile,
and Jo, we need all the proficiency and conduct
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 NIS?
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,
you know, I'm just wondering if you still need me.
They were following an order, Sam.
An illegal order.
You think Dawson and Downey knew it was an illegal order?
It doesn't matter what they knew.
Any decent human being would've refused--
They're not permitted to question orders.
Then what's the secret? Huh? What are the magic words?
I give orders every day and nobody follows them.
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.
[DOOR OPENS]
I've got medical reports and Chinese food.
I say we eat first.
What?
Did you get any Kung Pao Chicken?
KAFFEE: 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 no choice but 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.
We'll deal with the fenceline shooting when it comes up.
For now, we start with intent.
I don't know what made Santiago die.
I just wanna be able to show it could've been something
other than poisoning. Talk to doctors.
Find out everything there is to know about lactic acidosis.
Captain Hill, this is Lieutenant Commander Galloway,
with the JAG Corps. I've been trying to track down
a Lieutenant Colonel Matthew Andrew Markinson, U.S.M.C.
Doctor, was there any sign of external damage?
No scrapes? No cuts? WEINBERG: No. No.
Bruises? Broken bones? No.
GALLOWAY: No, please don't put me on hold.
Doctor, 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 Willy a Code Red.
Answers still have to come much faster.
This 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, "Willy" is Private Santiago.
You start calling him "Willy" all of a sudden, he's a person
who's got a mother who's gonna miss him. Okay?
KAFFEE: 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.
Ross is handing them my 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 going to be won by lawyers. Remember, poker faces.
Don't flinch in front of the court.
Something doesn't go our way, don't hang your head,
don't shift in your seat or scribble furiously.
Whatever happens, you have to look like
it's exactly what you knew was gonna happen.
When you pass me documents...
ALL: Do it swiftly but don't look over anxious.
Don't wear perfume in court. It 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-- I know what you're gonna say.
You don't have to. We've had our differences.
I've said some things I didn't mean,
you've 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,
well, of course, I'm happy about that,
but we don't have to make a whole big deal out of it.
You like me. I won't make you say it.
I was just going to tell you to wear matching socks tomorrow.
Okay, good tip.
We're ready.
Better believe it.
We're gonna get creamed.
[♪♪♪]
MAN: Lieutenant Kaffee?
You are going to 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... I was expecting someone older.
So was I.
Last chance, I'll flip you for it.
BAILIFF: 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:
At midnight on September 6th,
the accused entered the barracks room of their platoon-mate,
PFC 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 just told you is the exact same story
you're going to hear from Lance Corporal Dawson.
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 going to 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 Willy 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,
and 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 on a Friday night.
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.
Now, 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.
RANDOLPH: Is the Government ready to call its first witness?
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 will give this general court-martial will be the truth,
the whole truth and nothing but the truth, so help you, God?
McGUIRE: I do. ROSS: Have a seat, please, sir.
Would you state your full name and occupation for the record.
Robert C. McGuire, Special Agent,
Naval Investigative Service. ROSS: Thank you.
Did your office receive a letter from a William Santiago
on 3 September of this year?
We did. ROSS: What did the letter say?
That a member of Private Santiago's unit
had illegally fired his weapon over the fenceline.
Was that Marine identified in the letter?
No. I notified the barracks C.O. Colonel Jessep
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.
And who was that? Lance Corporal Harold Dawson.
ROSS: Your witness.
Mr. McGuire, have you questioned Dawson about the shooting?
Yes, he claims to have been engaged
in some manner by the enemy. KAFFEE: You don't 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.
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.
ROSS: No more questions.
The witness is excused.
Corporal Carl Hammaker, Marine barracks,
Rifle Security Company Windward, 2nd Platoon Bravo.
Were you present at a meeting
that Lieutenant Kendrick held on the afternoon
of September 6th with the members of the 2nd Platoon?
Yes, sir.
What was the substance of it?
Lieutenant Kendrick told us we had an informer in our group.
That Private Santiago had gone outside the chain of command
had reported to the NIS on a member of our platoon.
Did that make you mad?
You can tell the truth. Did it make you mad?
Yes, sir. How mad?
Private Santiago betrayed a code we believe in very deeply, sir.
Were other men also angry? Object. Speculation.
Were Dawson and Downey?
Is the counsel asking this witness to testify
as to how my clients felt on September 6th?
Sustained.
Did Lieutenant Kendrick leave
a standing order at that meeting?
Yes, sir. ROSS: What was it?
HAMMAKER: It was clear he didn't want us
taking matters into our own hands.
What was the order?
He said Santiago wasn't to be touched.
Your witness.
Were you in Dawson and Downey's barracks room
five minutes after this meeting?
No, sir.
Thanks. I have no more questions.
The witness is excused.
Government calls Corporal Raymond Thomas.
I understand Captain Ross is planning on calling
all the other members of Windward to testify.
In light of the defense Kaffee is planning to mount,
the explicit instructions of the platoon leader
seems particularly relevant testimony.
The defense concedes that all 22 witnesses
will confirm Hammaker's account
if the Government concedes none of them
were in Dawson and Downey's room at 1620.
Captain?
The Government will stipulate.
Then we will adjourn. You can call your next witness tomorrow.
BAILIFF: All rise.
[♪♪♪]
KAFFEE: Let's go over the doctor again.
GALLOWAY: It's the right approach.
KAFFEE: We've been over this already.
At 3:00, Stone says he doesn't know what killed Santiago.
Then he meets with Jessep,
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 couldn't use the "liar, liar, pants on fire" defense.
We can't prove coercion.
Let's go over what we have.
[♪♪♪]
STONE: Private Santiago was admitted to the ER at 0012
and he was pronounced dead at 0037.
ROSS: Dr. Stone, what is lactic acidosis?
If the muscles and other cells
burn sugar instead of oxygen
lactic acid is produced.
That lactic acid is what caused Santiago's lungs to bleed.
How long does it take
before the muscles start burning sugar?
Twenty to 30 minutes.
And what caused this process
to be sped up in Santiago's muscles?
An ingested poison of some kind.
Object. The witness is speculating.
He is an expert medical witness.
In this court, his opinion is not considered speculation.
He is an internist, not a criminologist.
The medical facts are inconclusive.
A point I'm confident
you'll illustrate on your cross-examination.
So I'm sure you won't mind if his opinion is admitted now?
Not at all, sir.
Did Willy Santiago die of poisoning?
Absolutely.
You're aware that the lab and coroner's reports
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 here.
Thank you, sir.
Commander, is it possible for a person
to have an affliction, some condition
which might also speed up acidosis?
Commander, is it possible?
It's possible.
What might some of those conditions be?
If a person had a coronary or cerebral disorder,
the process would be more rapid.
If I had a coronary condition
and a perfectly clean rag was placed
in my mouth and pushed too far,
is it possible 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 condition
where initial symptoms were so mild
as to escape a physician during a routine medical exam?
Possibly.
There would still be symptoms.
What kind of symptoms? There are hundreds of--
KAFFEE: Chest pains? Yes.
Shortness of breath? STONE: Yes.
Fatigue?
Of course.
Doctor, is this your signature?
Yes, it is.
This is an order for Private Santiago
to be put on restricted duty.
Would you read your handwritten
remarks at the bottom of the page?
"Initial testing, negative.
"Patient complains of chest pains,
"shortness of breath, and fatigue.
"Restricted from running distances
over five miles for one week."
Isn't it possible Santiago had
a serious coronary condition
and it was that condition, not some mysterious poison
that caused the accelerated rapid 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?
Because if you gave a man with a serious condition
on duty with a clean bill of health and he died
from a heart-related incident,
you'd have a lot to answer for.
ROSS: Object! Move to strike!
RANDOLPH: Sustained.
I have no more questions, Your Honor.
You've held a license to practice medicine for 17 years.
You're board-certified in internal medicine,
you are chief of internal medicine
at a hospital which has served 5,426 people.
In your professional opinion, was Willy 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 to instruct the court members
to lend no weight to this witness's testimony.
The objection's overruled.
We strenuously object, and requests an 802 conference
so that His Honor can hear discussion
before ruling on this objection.
The objection has been heard and overruled.
Move to reconsider.
Noted. The witness is an expert,
and the court will hear his opinion!
In your expert professional opinion,
was Willy Santiago poisoned?
Yes.
Thank you, sir. No more questions.
RANDOLPH: You may step down.
ROSS: While we reserve the right to call
rebuttal witnesses, Government rests.
We'll recess until 1000, Monday the 19th,
at which time the defense will call its first witness.
[GAVEL POUNDS] BAILIFF: All rise.
"I strenuously object"?
Is that how it works?
"Objection." "Overruled." "No, I strenuously object."
"Oh, wow, then I'll reconsider."
I got it on the record.
You got the court thinking we're afraid of the doctor.
You object once, so we can say he's not a criminologist.
You keep after it, our cross looks like
a bunch of fancy lawyer tricks.
It's the difference between paper law and trial law!
Even the judge called him an expert!
Sam, 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.
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.
Why? Because he couldn't run very fast!
All right. All right. Everybody take the night off.
I'm sorry... We've been working 20 hours
a day for three-and-a-half weeks.
Just go see your wife and daughter.
Jo, go do...
Whatever it is you do when you're not here.
What day is tomorrow?
Saturday.
We'll start at 10.
Why do you like them so much?
Because they stand on a wall and say,
"Nothing's gonna hurt you tonight.
Not on my watch."
Don't worry about the doctor.
This trial starts Monday.
[COMMENTATORS CHATTERING]
[KNOCKING ON DOOR]
I'm sorry to bother you. I should have called first.
No. No, I was just watching the 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. It sounded like you were.
I wasn't. I've been asked out before,
and that's what it sounded like.
Do you like seafood? I know a good seafood place.
Okay.
♪ Right time, the right place ♪
[BOTH LAUGHING]
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.
After that, they moved me to Internal Affairs.
Tough to blame them.
Where I have earned two 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.
The court members respond to you.
They like you.
I see you convincing them. 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 we're gonna lose.
Ross's opening statement was all true.
Let's pretend it would actually matter to this court
that the guys were given an order.
I can't prove it ever happened.
We'll keep doing what we're doing and 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 Barnes, Windward Barracks,
Guantanamo Bay, Cuba.
Name some reasons
why a Marine would receive a Code Red.
Being late for platoon or company meetings,
keeping barracks in disorder, falling back on a run.
Have you ever received a Code Red?
Yes, sir. We were doing drills and my weapon slipped.
It was over 100 degrees. My palms were sweaty
and I had forgotten to use the resin.
What happened?
That night the guys in my squad threw a blanket over me.
They punched me on the arm for five minutes
and poured glue on my hands.
And it worked too,
because I ain't never dropped my weapon since.
[CLEARING THROAT]
Was Private Santiago ever late? Yes, sir.
KAFFEE: Was his barracks ever in disorder?
Yes, sir. Did he ever fall back on a run?
BARNES: All the time, sir.
Did he ever, prior to September 6th, receive a Code Red?
No, sir.
Never? BARNES: No, sir.
You got a Code Red because 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 were too afraid of Dawson.
Object. Witness is speculating.
Did you want to give Santiago a Code Red?
Yes, sir. Why didn't you?
Because Dawson would kick my butt, sir.
Good enough. Captain Ross is gonna ask you some questions.
Corporal Barnes...
I hold here the Marine Recruit Outline.
Are you familiar with it? Yes, sir.
Have you read it? Yes, sir.
Good. Turn to the chapter that deals with Code Reds, please.
Sir?
Just flip to the page with Code Reds.
Well, "Code Red" is a term that we use
down at Gitmo. I don't know if it's--
Oh, we're in luck, then.
"Standard Operating Procedure, Rifle Security Company,
Guantanamo Bay, Cuba."
I assume we'll find "Code Red" in that book?
No, sir. ROSS: No?
I'm a Marine. Is there no book, no manual or pamphlet,
no set of orders or regulations
telling me that one of my duties is to perform Code Reds?
No, sir. No book, sir.
No further questions.
Would you turn to the page that says
where the mess hall is, please?
Heh. Lieutenant Kaffee, that's not in the book, sir.
You mean you've never had a meal?
No, sir. Three squares a day, sir.
I don't understand.
How did you know where mess hall is if it's not in this book?
I guess I just followed the crowd at chow time, sir.
No more questions.
Corporal Barnes, you may step down.
Thank you, sir.
Seven tonight, we'll do a final Kendrick review.
I wanna slam-dunk this guy.
[BLUES MUSIC PLAYING OVER RADIO]
♪ Next time you see me Things won't be the same ♪
♪ Hey, next time You see me ♪
Hey, Luther.
Admiral! How's the big case going?
Nose to the grindstone.
No flies on you.
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.
I walked into that one.
[ENGINE STARTS]
[♪♪♪]
Ah! 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 the lives of two Marines are in your hands.
If I could do something about that, I would.
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.
No. Then how do you know?
I know. Yeah, you know shit.
He was never gonna be transferred off that base.
[TIRES SQUEALING]
Jessep was gonna keep him on the base,
he said he wanted him "trained."
You signed the transfer order.
Yeah, I know.
I signed them when you got to Cuba,
five days after Santiago died.
I'm gonna get you a deal. Some kind of immunity.
In about four days you're gonna appear as a witness
and you're gonna tell the court what you told me.
Right now I'll 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'm not proud of what I have done, nor of what I am doing.
GALLOWAY: Where is he? KAFFEE: The Downtown Lodge.
I want him guarded. That's a good idea.
GALLOWAY: My clearance code is 411527273.
Clearance code?
I don't have a clearance code. You?
This is Jo Galloway. I need to secure a witness.
He said Jessep's lying about transportation off the base.
Jessep said that 6 the next morning was the first flight.
Markinson says there was one that left seven hours earlier.
That was impressive. You hear that?
Yeah.
Sam, isn't there a record of flights?
You need the tower chief's log from Gitmo.
Get it. We're gonna win.
Don't get crazy. We don't know Markinson, or the log book.
You concentrate on Downey, I'm gonna talk to Ross.
Hey, Danny. Nice work today.
The redirect on Barnes.
I have Markinson.
Where is he?
Motel room in Northeast,
six marshals outside the door. Take a sip.
The transfer Markinson signed is phony.
And Jessep lied about the first flight.
We're getting the log.
WAITRESS: Get you something? Beer, please.
In the meantime, I'm gonna put Kendrick on the stand
and have some fun.
I have an obligation to tell you,
if you accuse Kendrick or Jessep
of any crime without evidence,
you'll be court-martialed for misconduct
and that's gonna be stapled
to every job application you ever fill out.
Markinson won't hold up, he's a crazy man.
I'm not saying this to intimidate you,
I'm being your lawyer here.
Thanks. And I wanna tell you I think
the whole fucking bunch of you are insane.
This code of honor makes me wanna beat someone!
Don't you dare lump me in with Kendrick and Jessep.
I'm your friend. Your clients don't belong in jail,
but I don't get to make that decision.
I represent the U.S. government
without passion or prejudice.
And my client has a case.
WAITRESS: Here you go.
I want you to acknowledge that the judge advocate
has made you aware of the consequences
of accusing a Marine officer without proper evidence.
I've been so advised.
[SIGHS]
You got bullied into that courtroom.
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.
KAFFEE: In your opinion, was Private Santiago a good Marine?
I'd say he was average.
You signed three proficiency and conduct reports.
In all three you indicate he was below average.
Yes, Private Santiago was below average.
I did not see the need to trample on his grave.
We appreciate that, but you're under oath.
I think we'd all like to hear the truth.
I'm aware of my oath.
These are the last three pro-con reports you signed
for Lance Corporal Dawson.
He rated exceptional twice,
but on June 9th he's below average.
It's this last report I'd like to discuss.
That would be fine.
Dawson's ranking after the School of Infantry was perfect.
Records indicate that over half of 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 poor grade?
I'm sure I don't.
I have many men in my charge.
I write many reports.
Do you recall an incident involving a PFC Curtis Bell
stealing liquor from the Officers' Club?
Yes, I do.
Did you report Private Bell to the proper authorities?
[CHUCKLES]
I have two books at my bedside,
the Marine Code and the King James Bible.
The only proper authorities I am aware of
are my commanding officer Colonel Nathan R. Jessep
and the lord our God.
At your request I can have the record reflect
your lack of acknowledgment of this court as proper authority.
Objection. Argumentative.
Sustained. Watch yourself.
Did you report Private Bell to your superiors?
I thought very highly of him.
I didn't want 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 that Private Bell receive
no food or drink except water
for a period of seven days?
That is a distortion of the truth.
Private Bell was placed on barracks restriction.
He was given water and vitamins.
I can assure you at no time was his health in danger.
I'm sure it was lovely for him.
But you did order the barracks restriction.
You did order the denial of food?
Yes, I did.
Wouldn't this 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 testify as to what 478 other men would say.
We object to this line of questioning.
It's argumentative
and irrelevant badgering of the witness.
Sustained. And I would remind you,
that you're questioning an officer
with an impeccable service record.
ROSS: Thank you, Your Honor.
Was Dawson given a rating of below average
because you learned he'd been sneaking food to Bell?
ROSS: Object!
Not so fast. Lieutenant?
Dawson was given a below-average rating
because he had committed a crime.
Crime? What crime did he commit?
Lieutenant Kendrick,
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 an order of yours,
he was punished. Is that right?
Lance Corporal Dawson disobeyed an order!
Yeah. It wasn't a real order, was it?
After all, it's peacetime.
He wasn't being asked to advance on a beachhead.
Surely a Marine of Dawson's intelligence
can be trusted to distinguish important orders
and which orders might say be morally questionable?
Lieutenant Kendrick? Can he?
Can Dawson determine on his own which orders to follow?
No, he cannot.
A lesson he learned after the Bell incident.
I would think so. You know so, don't you?
ROSS: Object! RANDOLPH: Sustained.
Lieutenant Kendrick, one final question.
If you had ordered Dawson to give Santiago a Code Red--
I ordered them not to touch him!
Would he dare disobey you again?
ROSS: Lieutenant, don't answer that!
You don't have to. I'm through.
Did you order Dawson and Downey
to give Willy Santiago a Code Red?
Lieutenant Kendrick, did you-- No, I did not.
ROSS: Thank you.
What's the word?
Well...
I got the tower chief's log.
Jessep's telling the truth.
6 a.m. flight was the first plane.
Let me see this.
[♪♪♪]
Working late tonight, lieutenant?
Oh, yeah.
There was no flight at 11:00!
What the fuck are you trying to pull?
MARKINSON: First flight left at 2300.
It arrived at Andrews Air Force Base at a few minutes past 2.
Really? Then why isn't it listed in the tower chief's log?
Jessep.
What? He fixed the logbook?
[SCOFFS]
Maybe he can make it so it didn't take off,
but I can prove that one landed.
I'll get the logbook from Andrews.
You're not gonna find anything.
He can make a flight disappear?
Nathan Jessep is about to be appointed director of operations
for the National Security Council.
You don't get there without knowing
how to sidestep a few landmines.
He won't 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.
You know how many planes take off and land every day?
The ground crew isn't gonna remember it.
Well, how do you know--
Forget the flight. Forget the flight.
We'll put Markinson on the stand and we'll deal with
Jessep's refusal to transfer Santiago
and he'll testify to the forged transfer.
That and Downey's testimony really ought to be enough.
[THUNDER RUMBLING]
Why did you go into Santiago's room on the night of the 6th?
To give him a Code Red.
And 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.
Think they'll let us go back to our platoon soon, ma'am?
Absolutely.
Remember the order of the questions? Yes.
Are you sure? And use small words.
Jo-- Just go slow.
I'm gonna go slow.
And get him off as fast as you can.
JoAnne! What? It's gonna be fine.
MARKINSON: Dear Mr. and Mrs. Santiago,
I was William's executive officer.
I knew your son vaguely, which is to say I knew his name.
Soon, 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.
[GUNSHOT THEN THUNDER RUMBLES]
KAFFEE: Private, I want you to tell us one last time.
Why did you go to Santiago's room
on the night of September 6th?
A Code Red was ordered by Platoon Commander Kendrick.
Thank you. Your witness.
The week of 2 September, the switch log
has you down at Post 39 until 1600. Correct?
They keep that log pretty good.
How far is it from Post 39 to the barracks?
It's a ways, sir. It's a hike.
ROSS: About how far by jeep?
DOWNEY: About 10, 15 minutes, sir.
You ever had to walk it?
Yes, sir, that day. Friday.
The pickup private--
That's what we call the guy that drops us off.
Also because he can get the girls in New York City.
The pickup private got a flat, right at 39.
He pulled up and, bam, blow-out with no spare.
so we had to double-time it back to barracks.
And if it's 10 or 15 minutes by jeep,
I'm guessing it must be a good hour by foot, right?
We did it in 45 flat, sir.
Not bad.
You've said your assault on Santiago
was ordered by Lieutenant Kendrick
in your barracks room at 1620, am I right?
Yes, sir.
You said you didn't make it back until 1645.
Sir?
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 blow-out--
Private, did you ever actually hear
Lieutenant Kendrick order a Code Red?
Well, Hal said that--
ROSS: Did you ever actually hear
Lieutenant Kendrick order a Code Red?
No, sir.
I'd like to request a recess to confer with my client.
Why did you go into Santiago's room?
GALLOWAY: The witness has rights!
He has been read his rights.
RANDOLPH: The question will be repeated.
ROSS: Why did you go into Santiago's room?
Hal? ROSS: Did Dawson tell you to?
Hal?
Don't look at him! Hal?
Answer the captain's question!
Yes. I was given an order by Lance Corporal
Harold W. Dawson, United States Marine Corps,
and I followed it.
[THUNDER RUMBLING]
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 firsthand.
[DOOR OPENS]
Danny, I'm sorry.
Don't worry about it.
All we need to do is call some witnesses
to talk about implied orders
or call Downey back before we get to Dawson.
Maybe we could 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.
He wasn't even there.
That was important 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 got to hand it to those federal marshals, boy.
It's not like he hanged himself by his shoelaces
or slashed his wrists with a butter-knife.
This guy...
got into full dress uniform,
drew a nickel-plated pistol from his holster
and fired a bullet into his mouth.
Anyway, since we're 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 we'll make a motion for a continuance, 24 hours.
Why would we do that?
To subpoena Colonel Jessep. What?
Listen for a second. KAFFEE: No!
Just hear me out! I won't listen.
Your passion is compelling, it's also useless.
Louden Downey needed a trial lawyer today.
You chickenshit.
You just want an excuse to give up.
It's over.
Why did you ask Jessep for the transfer order?
In Cuba, why did you ask him?
What does it matter?
I wanted the damn transfer order!
Bullshit! You could have gotten it by calling
any one of a dozen departments.
You didn't want the order.
You wanted to see Jessep's reaction when you asked.
You had an instinct and it was confirmed by Markinson.
Now let's put Jessep on the stand and end this thing.
What possible good would that do?
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?
Oh, heh. I'm sorry, I keep forgetting.
You were sick that day at law school.
You put him on the stand and get it from him.
We get it from him!
Yes, no problem. We get it from him.
Colonel Jessep, isn't it true
you ordered the Code Red on Santiago?
We're all a little-- Bzz! I'm sorry, time's run out!
What do we have for the losers, judge?
Well, for the defendants,
it's lifetime at exotic Fort Leavenworth!
And for Defense Counsel Kaffee,
that's right, it's a court-martial! Yes, Johnny!
After falsely accusing a decorated officer
of conspiracy and perjury,
Lieutenant Kaffee will have a long and prosperous career
teaching typewriter maintenance
at the Rocco Columbo School for women!
Thank you for playing, "Should We or Should We Not
Follow the Advice of the Galactically Stupid!"
[SIGHS]
I'm sorry I lost your set of steak knives.
[DOOR CLOSES]
[♪♪♪]
Stop cleaning up.
Sam, stop cleaning up.
You want a drink?
Yeah.
[THUNDER RUMBLING]
[♪♪♪]
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 have enjoyed
seeing me graduate from law school.
I think he would have liked that a lot.
I ever tell you I wrote a paper about your father in college?
Yeah?
One of the best trial lawyers ever.
Yes, he was.
And if I were Dawson and Downey,
and had to choose you or him,
I'd choose you any day of the week, and twice on Sunday.
You should have seen yourself thunder away at Kendrick.
Would you put Jessep on the stand?
No.
Do you think my father would have?
With the evidence we got?
Not in a million years.
Here's the thing. There's no way of getting around this.
Neither Lionel Kaffee nor Sam Weinberg
are lead counsel for the defense
in U.S. v. Dawson and Downey.
So there's really only one question.
What would you do?
[♪♪♪]
KAFFEE: Jo. JoAnne!
Jo, get in the car.
JoAnne, please get in the car! Look...
JoAnne! JoAnne! I apologize. I was angry.
I'm sorry about what I said.
I'm gonna put Jessep on the stand!
[♪♪♪]
WEINBERG: What do you suggest we do?
Hit Jessep with the phony transfer order.
Without a witness? We have a witness.
A dead witness.
To a lesser attorney, that'd be a problem.
Look. Last night, he's swimming in Jack Daniel's,
now he can leap tall buildings in a single bound.
I'm getting my second wind.
Sit down, both of you. Good.
Jessep told Kendrick to order the Code Red,
Kendrick did, and our clients followed order.
The cover-up isn't our case. To win,
Jessep needs to tell the court that he ordered the Code Red.
And you can get him to just say it?
I think he wants to say it!
I think he's pissed off he's gotta hide.
I think he wants to say
he made a decision, and that's the end of it!
[IMITATING JESSEP] He eats breakfast 300 yards from 4,000 Cubans
that are trained to kill him.
[IN NORMAL VOICE] And no one tells him how to run his unit.
Least of all the Harvard mouth in his faggoty white uniform.
I need to shake him.
I'll lead him right where he's dying to go.
That's it? That's the plan?
That's the plan.
WEINBERG: How are you going to do it?
I have no idea. I need my bat.
GALLOWAY: Your what?
I need my bat. I think better with it.
Where is it?
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.
[♪♪♪]
Stay here. I'm going to the office for a while.
He does think better with that bat.
[♪♪♪]
[LINE RINGING]
WEINBERG [OVER PHONE]: Hello?
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.
Can I talk to you for a second?
Yeah, sure.
How are you feeling?
Well, I think Jessep's gonna have his hands full today.
[CHUCKLES]
Listen, Danny, when you're out there today,
if you feel like it's not gonna happen,
you feel like he's not going to 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 trouble.
You're not suggesting that I back off a material witness?
If you think you can't get him, yeah.
BAILIFF: All rise!
Where's Sam?
He's on his way.
RANDOLPH: Call your first witness.
Where is he?
He'll be here. Don't worry.
Lieutenant. Call your witness.
Defense calls Colonel Nathan Jessep.
Colonel Jessep, raise your right hand, please, sir.
Do you swear to tell the truth,
the whole truth, and nothing but the truth?
Yes, I do.
Have a seat please, sir.
State your name, rank and current billet for the record.
Colonel Nathan R. Jessep, Commanding Officer,
Marine Ground Forces, Guantanamo Bay, Cuba.
ROSS: Thank you, sir.
He's not here.
When you learned of Santiago's letter to the NIS,
you had a meeting with your two senior officers, is that right?
Yes.
Platoon Commander Kendrick,
and the executive officer, Lieutenant Colonel Markinson.
Yes.
And, at present, Markinson is dead, is that right?
Objection. What is the counselor implying?
Simply that Markinson is not alive.
Surely Colonel Jessep doesn't need to confirm that.
I wasn't sure if the witness is aware that two days ago
the colonel took his own life. [DOOR OPENS]
RANDOLPH: The witness, the court and now the court members are aware.
We thank you for bringing it up.
Move on, lieutenant.
KAFFEE: Yes, sir.
At this meeting, you gave Kendrick an order, right?
I told him to tell his men not to touch Santiago.
And did you give an order to Markinson as well?
I ordered him to have Santiago
transferred off the base immediately.
KAFFEE: Why?
I felt his life might be in danger.
Grave danger?
Is there another kind?
This is the transfer order that you and Markinson co-signed,
ordering that Santiago fly out at 6 the next morning.
Was that the first flight off the base?
The 0600 was the first flight off the base.
You flew here today, is that right?
Yes.
You're wearing your dress uniform.
As are you, lieutenant.
Did you wear it on the plane?
Is this dialogue relevant to anything?
We didn't have a chance to depose.
I'd ask the court for a little latitude.
A very little latitude.
Colonel?
I wore utilities on the plane.
You brought your dress uniform?
Yes.
Toothbrush, shaving kit, underwear?
Your Honor!
Is his underwear a matter of national security?
Gentlemen. You'd better get somewhere fast with this.
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 6th,
Santiago's barracks room was sealed off,
and its contents inventoried.
Four pairs of camouflage pants,
three khaki shirts, three pairs of boots.
Four pairs green socks...
Is there a question in our future?
Lieutenant, state your question.
I'm wondering why Santiago wasn't packed.
Tell you what, we'll get back to that one in a minute.
This is a record of all phone calls
from your base in the past 24 hours.
After being subpoenaed, you made three calls.
Do you recognize those numbers?
I called Colonel Fitzhughes to let him know I'd be in town.
The second was to arrange a meeting
with Congressman Richman.
And the third call was to my sister.
Why did you make that call?
I thought she might like to have dinner.
ROSS: Your Honor.
I'll put a stop to this.
These are the phone records from Gitmo for September 6th.
And these are 14 letters that Santiago wrote in nine months
requesting, begging for a transfer.
Upon hearing the news he was getting his transfer,
Santiago was so excited,
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?"
He was asleep at midnight,
and you say he had a flight in six hours.
Yet everything he owned was in his closet or his footlocker.
You were leaving for one day, you packed 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?
Fact is, there was no transfer order.
Santiago wasn't going anywhere, right?
ROSS: Objection! Lieutenant Kaffee is trying to
smear a high-ranking Marine officer
desperately hoping to suggest impropriety
and win points with the court.
I recommend that he be reprimanded
and the witness be excused with apologies.
Overruled. The objection is noted.
Colonel?
Is this funny, sir?
No, it's not. It's tragic.
Do you have an answer?
Absolutely. I don't have the first damn clue.
Maybe he was an early riser.
Maybe he didn't have any friends.
I'm an educated man, but 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 you have something more, lieutenant.
These two Marines are on trial for their lives.
Please tell me their lawyer hasn't
pinned their hopes to a phone bill.
Do you have any other questions for me, counselor?
RANDOLPH: Lieutenant Kaffee?
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 if he would address me
as "colonel" or "sir." I've earned it.
RANDOLPH: Defense counsel will address him as "colonel" or "sir."
I don't know what the hell kind of unit you're running here.
And the witness will address me as "judge" or "Your Honor."
I'm quite certain I've earned it.
Take your seat, colonel.
What do you wanna discuss now?
My favorite color?
Colonel, the 6 a.m. flight was the first off the base?
JESSEP: Yes.
There wasn't one seven hours earlier
and landed at Andrews at 2 a.m.?
I think we've covered this, haven't we?
These are the tower chief's logs for Guantanamo Bay and Andrews.
Guantanamo lists no flight left at 11 p.m.,
and Andrews lists no flight that landed at 2 a.m.
I'd like to admit them as Defense Exhibits
Alpha and Bravo.
You're admitting evidence of a flight that never existed.
We believe it did, sir.
We will call Airmen O'Malley and Airman Rodriguez.
They were working the ground crew at Andrews.
They weren't on the list. Rebuttal witnesses.
Called specifically to refute testimony.
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.
You said you ordered Kendrick to tell his men
that Santiago wasn't to be touched.
That's right.
He was clear on what you wanted?
Crystal.
Could he have ignored the order?
Ignored the order?
Any chance he forgot about it? No.
Any chance he could have left your office and said:
"The old man is wrong"?
No.
When Lieutenant Kendrick spoke to the platoon,
any chance they ignored him?
You ever served in an infantry unit, son?
No, sir.
Ever served in a forward area?
No, sir.
Ever put your life in another man's hands,
and his in yours?
No, sir. We follow orders, son.
We follow orders or people die.
It's that simple. Are we clear?
Yes, sir.
Are we clear?
Crystal.
Just one more question, before I call
Airmen O'Malley and Rodriguez.
If you ordered 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.
JESSEP: That's correct. You said he was in danger.
I said, "Grave danger?" You said--
I recall-- I can have the reporter read--
I know what I said! I don't have to have it read back.
Then why the two orders? Colonel?
Sometimes men take matters into their own hands.
No, sir. You made it clear your men never do.
Your men follow orders or people die.
So Santiago shouldn't have been in any danger, should he?
You snotty little bastard.
ROSS: Your Honor, I ask for a recess.
I'd like an answer.
The court will wait for an answer.
KAFFEE: If Lieutenant Kendrick gave an order
that Santiago wasn't to be touched,
why did he have to be transferred?
Colonel?
Kendrick ordered a Code Red
because that's what you told him to do!
ROSS: Object!
And when it went bad, you cut these guys loose!
You signed a phony transfer and doctored the logs!
Damn it, Kaffee! You coerced the doctor!
RANDOLPH: Consider yourself in contempt.
Colonel Jessep, 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!
JESSEP: 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 that luxury.
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
in places you don't talk about at parties,
you want me on that wall.
You need me on that wall.
We use words like honor, code, loyalty.
We use them as the backbone
of a life spent defending something.
You use them as a punch line!
I have neither the time nor inclination to explain myself
to a man who rises and sleeps under the blanket
of the freedom I provide.
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?
JESSEP: I did the job-- Did you order the Code Red?
You're goddamn right I did!
I suggest the members be dismissed
so we can move to an article 39A session.
The witness has rights.
Captain Ross?
Jack?
The members of the court will retire until further instructed.
BAILIFF: 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.
M.P.s, guard the colonel!
M.P.: Yes, sir.
Captain Ross.
What the hell is this?
Colonel Jessep, 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?
This is funny, that's what this is!
This is...
I'm gonna rip the eyes out of your head
and piss in your dead skull!
You fucked with the wrong Marine!
ROSS: Colonel Jessep, do you understand your rights?
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.
[♪♪♪]
BAILIFF: All rise!
Have you reached a verdict?
We have, sir.
Lance Corporal Dawson, 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 sentenced to time already served
and are ordered to be dishonorably discharged
from the Marine Corps.
This court-martial is adjourned.
[GAVEL POUNDING]
BAILIFF: All rise.
[♪♪♪]
What does that mean?
Hal?
What did that mean?
I don't understand.
Colonel Jessep said he ordered the Code Red.
He ordered the Code Red. 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 Willy.
MAN: Lieutenant Kaffee, I have to take these men
over to Personnel for some paperwork.
Harold?
Sir?
You don't need to wear a patch on your arm to have honor.
Ten-hut!
There's an officer on deck.
[♪♪♪]
O'Malley and Rodriguez, what exactly could they testify to?
Probably that they had absolutely
no recollection of anything.
Strong witnesses.
And handsome too, didn't you think?
I'll see you around.
I gotta go arrest Kendrick.
Tell him I say hi.
Will do.
[♪♪♪]