Subtitles Copyright 1995 Australian Caption Centre. Captions were made with the support of NZ On Air. www.able.co.nz Able 2018 OMINOUS MUSIC PLAYS No! (Makes muffled sounds) (Muffled) No! (Gasps and groans) SILENCE ARMY BAND PLAYS MARCH DRUM ROLL CLICK OF RIFLES Forward march! Hold up! DRUM PLAYS Hold up! I'm requesting, um... Captain, I'd like to request that it be me who is the attorney... ..that it be myself who is 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. Hi, I'm Lieutenant Commander Galloway. I'm here to see Captain West. Go right in. Thank you. Jo, come in. Thank you, sir. Captain West, this is Lieutenant Commander Galloway. Jo, you know Commander Lawrence. Yes, sir. I appreciate you seeing me on short notice. Would you like to sit down? I'm fine. Have a seat. OK. We had some trouble over the weekend at Cuba? Yes, sir. This past Friday. Two marines, a Lance Corporal Harold Dawson and a Private Louden 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 prevent Santiago from naming Dawson in a fenceline shooting incident. They're scheduled to have a hearing in Cuba today at 16:00. What's the problem? Dawson and Downey are both recruiting-poster marines. Santiago was known to be a screw-up. It sounded a lot like a code red. Christ! I'd like to have them moved up to Washington and assigned counsel. Someone who can look into this. Someone who possesses not only the legal skill, but a familiarity with the workings of the military. In short, Captain, I'd like to suggest that I be the one who...that... ..ah, that it be me who is assigned to represent them...myself. Commander, why don't you get yourself a cup of coffee? Thank you, sir. I'm fine. Please leave the room so we can talk about you. Certainly, sir. I thought this code red shit wasn't going on any more. With the marines at Guatmo who knows what goes on? We'd better find out before the rest of the world does. What about this Commander Galloway? She's been working a desk in Internal Affairs for - what...? A little over a year now. She disposed of three cases in two years. Three in two years! Who'd she handle? The Rosenbergs? She's not cut out for litigation. She's a great investigator. In Internal Affairs, sure. But when it comes to trial work... All passion, no street smarts. Bring her back in. Jo. Commander, we'll have the defendants moved up here in the morning. Thank you. Division will assign them counsel. But...not me. I understand you're much too valuable in your present assignment to be wasted on a five-minute plea bargain and a week's worth of paperwork. Sir, there might be more involved than that. Don't worry. Division will assign the right man for the job. All right, let's go. Let's get to. Sorry. Nothing to be sorry about, Sherby. You just look the ball into your glove. Sorry. If your eyes stay open, your chances of catching the ball will increase. Kaffee! Let's try it again. (Yells) Kaffee! Hey, you seem distraught! We were supposed to meet 15 minutes ago to talk about the McDermott case. We either get it done or I'll hang your boy from a yardarm. Yardarm?! Sherby, does the navy still hang people from yardarms? I don't think so. Sherby doesn't think the navy does that any more. I'll charge him with possession and being under the influence while on duty. Plead guilty and I'll recommend 30 days' jail with loss of rank and pay. It was $10 worth of oregano! Your client thought it was marijuana. My client's a moron. That's not against the law. I've got people to answer to. I'm gonna charge him. For what? Possession of a condiment? Kaffee! If you ask for jail time I'll file a motion to dismiss. You won't get it. I will. If the MTD is denied, I'll file a motion seeking an evidentiary ruling in advance. Then I'll file against pre-trial confinement. You'll spend the next three months going blind on paperwork because he smoked a dime bag of oregano. Let's go! Let's get to! B misdemeanour, 20 days in the brig. C misdemeanour, 15 days restricted duty. I don't know why I'm agreeing to this. You have wisdom beyond your years. Morning. Morning, Captain. How's the baby, Sam? Sir, she's getting ready to say her first word. How can you tell? She just looks like she has something to say. Excuse me. Sorry I'm late. Since you don't have a good excuse, don't bother with a bad one. Thank you, sir. The first one is for you. Seems you're moving up in the world. You've been requested by Division. ALL: Oh! Requested to do what? Guantanamo Bay, Cuba. A marine corporal named Dawson illegally fires a round from his weapon over the fenceline and into Cuban territory. What's a fenceline? 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. An hour later Santiago is dead. Attending physician says the rag was treated with something toxic. They poisoned the rag? Not according to them. What do they say? Not much. They're being flown up here tomorrow. On Wednesday at 06:00 you'll fly to Cuba for the day to investigate. Meantime, go and see Lieutenant Commander JoAnne Galloway... ..Internal Affairs. Any questions? The flight to Cuba - was that 06:00 in the morning, sir? Division wants this to be handled by the book, so I'm assigning co-counsel. Any volunteers? No. Sam. Papers are piling up on my desk... Work with Kaffee. Doing what? Kaffee will do this in four days. Doing various administrative... things. Back-up. Whatever. In other words, I have no responsibilities whatsoever. Right. My kind of case. GALLOWAY: Right. OK. But I've got to have it by Wednesday. Hi. Hold on... Hi. I'm Daniel Kaffee. I was told to meet with...ah... ..Lieutenant Commander Galloway. About a briefing. I'll call you back. You're the attorney Division assigned? I'm the counsel. This is Sam Weinberg. I have no responsibilities here whatsoever. Come in, please. Have a seat. (Bites loudly) How long have you been in the navy? (Sucks loudly) About nine months now. How long have you been out of law school? Little over a year. I see. Have I done something wrong? No, but when I petitioned Division to have counsel assigned I was hoping I'd be taken seriously. No offence taken, in case you were wondering. Commander, Lieutenant Kaffee is considered the best litigator in our office. He has successfully plea bargained 44 cases in nine months. One more, I'll get some steak knives. Have you been in a courtroom? I had my driver's licence suspended. Danny! If this goes to court, they'll need a priest, not a lawyer. No, they'll need a lawyer. Dawson's family has been contacted. Downey's closest living relative is Ginny Miller, his aunt. She hasn't been contacted yet. Shall I do that? Sure, if you feel like it. You'll be seeing the barracks' CEO - Colonel Nathan Jessep - there. I assume you've heard of him. Who hasn't? He's been in the papers. He'll probably be appointed Director of Operations at the National Security Council. Really? Santiago wrote these letters at Guatmo. 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 a transfer. No one was listening. 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. I assume these letters aren't flattering of Guantanamo Bay's marine corps life. Yes, among... And a protracted investigation might cause embarrassment for the Security Council guy? Colonel Jessep... 12 years. I'm sorry? I'll get them to drop the conspiracy and conduct unbecoming - 12 years. You haven't talked to a witness or checked the paperwork. Pretty impressive, huh? You'll have to go deeper. Do you have some jurisdiction I should know about? My job is to make sure you do yours. I'm special counsel for Internal Affairs. So my jurisdiction is 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. (Clears throat) 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 PFC 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 of runs before for several reasons, "such as feeling dizzy or nauseated. "But on May 18 I'd fallen back 20 or 30 yards "going down a rocky, unstable hill. "My sergeant grabbed me and pushed me down the hill. "Then I saw all black. The last thing I remember is falling. "At the hospital I was told I had heat exhaustion. "I ask you to help me. "Please, Sir, I need a transfer out of RSC. "Sincerely, PFC William T. Santiago, US Marine Corps. "PS: In exchange for my transfer "I'm willing to provide you with information about an illegal fenceline shooting "that occurred the night of August 2nd." Who is PFC William T. Santiago? Santiago is a member of Second Platoon Bravo. 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...I'm appalled, sir. You're appalled. This kid broke the chain of command and ratted on someone in his unit to say nothing of the fact that he's a US marine and can't run from here to there without collapsing from heat exhaustion. What the fuck is going on in Bravo Company, Matthew? Colonel, we should hold this discussion in private. That won't be necessary. I can handle this situation, sir. Like you handled the Curtis Bell incident? Sir... Don't interrupt me, Lieutenant. I'm still your superior officer. And I'm yours, Matthew. I want to know what we're going to do about this. Santiago should be transferred off the base immediately. He's that bad, huh? Yes. People will hear about this letter. He'll get his ass whipped. Hmm, transfer Santiago. Yes. I'm sure you're right. I'm sure that's the thing to do. (Clicks tongue) Wait! I've got a better idea. Let's transfer the whole squad off the base. On second thought - Windward. Let's transfer the whole Windward Division off the base. Jon, 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 spitballing 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, then 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 have lunch together and talk about the training of young William. I'd be delighted to hear your suggestions, sir. Dismissed. Yes, sir. Matthew, sit down. Please. What do you think of Kendrick? My opinion of Kendrick has... I think he's pretty much of a weasel myself, but he's an awfully good officer. 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's 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. 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. Stand over there. Yes, sir. Hal, this is Washington DC. All right, let's move. Yes, sir. Got on to 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! So Dawson and Downey, right. Done something wrong again, haven't I? Why have they been locked up since this morning while their lawyer's playing ball? We need the practice. That wasn't funny. A little funny. Would you be insulted if I recommended to your supervisor that he assign different counsel? Why? You're not fit to handle the defence. You don't even know me! Ordinarily it takes someone hours to discover I'm not fit to handle a defence. (Grunts) Oh, come on. That was damn funny! You're wrong. I do know you. Daniel Alister Kaffee, born June 8 1964 at Boston Mercy Hospital. Your father is 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 was your father's wish. Now you're treading water for the three years you have to serve until you can 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-ass, Persian-bazaar manner with which you seem to handle everything else, then something's gonna get missed. I wouldn't be doing my job if I allowed Dawson and Downey to stay in prison because their attorney's taken 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 that Santiago died of asphyxiation brought on by acute lactic acidosis. The nature of the acidosis strongly suggests poisoning. I don't know what that means, but it sounds pretty bad. Santiago died at 1:00am. At 3:00, the doctor couldn't determine the cause of death. Two hours later, he said it was poison. Now I see what you're saying! It had to be Professor Plum in the library with a candlestick. I'll talk to your supervisor. OK. Go straight up Pennsylvania Avenue. It's the big white house with the pillars. Thank you. You won't have much luck, though. I was assigned by Division, remember? 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! SUSPENSEFUL MUSIC PLAYS DOOR OPENS Morning, sir. Morning. Officer on deck. Attention! Sir, Lance Corporal Harold W. 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. No need to call me sir. Is this your signature? Sir, yes, sir. And certainly not twice in one sentence. What's a code red? A code red is a disciplinary engagement. What does that mean? A marine's out of line, the men in his unit discipline him. 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 a basic code red? Sir, a marine refuses to bathe regularly. The men will 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, ah...he ever talk? Sir, PFC Downey will answer any direct questions you ask. Swell. Private Downey, was the rag you stuffed in Santiago's mouth poisoned? No, sir. Silver polish? Turpentine? Antifreeze? No. We were just gonna shave his head. When...all of a sudden... We saw blood dripping down his mouth and we pulled the tape off and there was blood down his face. That's when Lance Corporal Dawson called the ambulance. Anyone see you call the ambulance? No, sir. Were you there when the ambulance got there? Yes, sir. That's when we were arrested. Lance Corporal, the night of 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 post there's a Cuban counterpart - a mirror. The Lance Corporal's claiming his mirror was about to fire at him. Santiago's letter to the NIS said you fired illegally. He's saying that 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'd you give him a code red? Because he broke the chain of command. He what? He went outside of his unit, sir. If he had problems he should've spoken to me, then his sergeant... Yeah, all right, all right. Did you intend to kill Santiago? 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. You want me to go to the prosecutor with "unit, corps, God, country"? That's our code, sir. (Both) That's their 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. MAN: Look around. As the Favourites come out, it begins. Observing with an eagle eye. Mastering the art of stashing. Oh, brilliant move, Gran! Cadbury Favourites. * Dan Kaffee. Smiling Jack Ross. Welcome to the big time. You think so? Hope for Dawson and Downey's sake your law's better than your softball. I don't do anything better than I play softball! I'm outta here, Janelle. Bye. See you after Cuba. Say hi to Castro. Will do. What are we looking at? Plead guilty, we drop conspiracy and conduct unbecoming. 20 years, they're home. I want 12. Can't do it. They called the ambulance. I don't care who they called, they killed a marine. Rag test, lab reports - they say the same thing. Maybe, maybe not. The Chief of Internal Medicine at the naval hospital says he's sure. What do you know about code reds? Oh, man. We off the record? You tell me. I'm gonna give you the 12 years. Before you go getting yourself into trouble tomorrow I think you should know Platoon Commander Lieutenant Jonathan Kendrick held a meeting with the men and SPECIFICALLY told them not to touch Santiago. Still playing hoops tomorrow night? Do we have a deal? I'll talk to you when I get back. GALLOWAY: Hi, there. Any luck getting me replaced? Anyone here you don't play softball or drink with? Commander... I came to make peace. We got off on the wrong foot. Friends? Look, I... I brought Downey some comic books. The kid, I swear, doesn't know where he is. Doesn't know why he's been arrested. Commander... You can call me JoAnne. JoAnne... Or Jo. Jo? Yes. Speak to my client again without permission, I'll have you disbarred. Friends? I had authorisation. From where? Downey's closest living relative, Ginny Miller. His aunt on his mother's side. You got authorisation from Aunt Ginny? I gave her a call like you asked. Very nice woman. We spoke for an hour. You had authorisation from Aunt Ginny. Perfectly within my providence. 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! 'HOUND DOG' PLAYS # You ain't nothing but a hound dog # Been snooping around the door # You ain't nothing but a hound dog # You been snooping around the door # You can wag your tail # But I ain't gonna feed you no more. # How's it going, Luther? Another day, another dollar, Captain. Gotta play 'em as they lay. What goes around comes around. Can't beat 'em - join 'em. Least I've got my health. Well, you've got everything. See you tomorrow, Luther. Not if I see you first. WEINBERG: Don't forget, when Sally gets back, you're my witness - my daughter said a word. She made a sound. It wasn't a word. Come on. It was definitely a word. OK. You heard her. The girl sat here, said 'Pa' and pointed. She said, 'Pa'. She was pointing at a mailbox, Sam. That's right. Pointing as if to say, "Pa! Look, a mailbox!" (Baby babbles) Jack Ross came to see me today. He offered me the 12 years. That's what you wanted, right? 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 should go to jail for life. I believe every word of their story AND I think they should go to jail for life. (Baby blows bubbles) See you tomorrow. OK. 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? Dramamine keeps you from throwing up. You get air sickness. 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 before I left. He said the platoon commander, Lieutenant Jonathan Kendrick, met with the men and specifically 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. ENGINE STARTS AND HORN BLASTS Lieutenants Kaffee and Weinberg, Commander Galloway. I'm Corporal Barnes. I'll escort you to the base. Thank you. I got some camouflage jackets in the jeep. I suggest you wear them. Camouflage jackets? Yes, sir. We'll be riding close to the fenceline. Cubans see an officer wearing white they might take a shot. Good call, Sam. We'll hop on the ferry. We'll be there in no time. Hold on. We're taking a boat? Yes, sir. To get to the other side. Nobody mentioned a boat. Is there a problem, sir? No, no problem. I'm just not crazy about boats. Jesus Christ, Kaffee! You're in the navy, for crying out loud! Nobody likes her very much. Yes, sir. (Marines sing) Nathan Jessep. Come on in. Thank you, sir. Daniel Kaffee. I'm Dawson and Downey's attorney. This is Lieutenant Commander JoAnne Galloway. Pleasure meeting you, Commander. Hello. Pleasure meeting you, Commander. Hello. Observing and evaluating, sir. Pleasure meeting you, Commander. Hello. he'll be assisting. Sir. This is my XO, 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. He spoke at my high school. Lionel Kaffee? Yes, sir. Well, what do you know. Jon, this man's dad once made lots of enemies in your neck of the woods. Jefferson versus Madison County School District. Folks 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 fucking asshole! Not at all, sir. Well, what can we do for you, Danny? Not much, sir. This is really... formality more than anything else. JAG Corps insists we interview all the relevant witnesses. The JAG Corps can be demanding that way. Jon will show you what you want to see. After that we'll hook up for lunch. How's that sound? Fine, sir. Thank you. (Marines sing) You met with your men that day? Yes, I did. What'd you talk about? I told them we had an informer among us and that despite any desire they might have for retribution Private Santiago was not to be harmed. What time was that meeting? 16:00. That's four o'clock. We should make sure his parents get this. We don't need it. 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 go somewhere to fight you give us a ride. GALLOWAY: Lieutenant Kendrick, do you think Santiago was murdered? 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's dead because he had no code. He's dead because he had no honour. And God was watching. How do you feel about that theory? Sounds good. Let's move on. Are you planning on investigating or are you just taking the guided tour? I'm pacing myself. JESSEP: ..they were running around for hours looking for anything white they could wave! Some of these people surrendered to a crew from CNN! (All laugh) Walk softly and carry an armoured tank division I always say. (Muffled laughter) That was delicious, thank you. My pleasure, sir. Colonel, I do have to ask you a couple of questions about September 6. Shoot. That morning you were contacted by an NIS agent saying Santiago had reported an illegal fenceline shooting. Yes. Santiago would reveal the offender in exchange for a transfer. Yes. If you feel there are any details I'm missing you should feel free to speak up. Thank you. Now, at this point you called Markinson and Kendrick into your office. Is that right? Yes. What happened then? We agreed that for his own safety Santiago should be transferred off the base. Santiago...was set to be transferred? On the first available flight to the States. 06:00 the next morning. Five hours too late as it turned out. Yeah. That's all I have. Thanks very much for your time. The Corporal's waiting to take you to the flight line. Thanks. Wait, I've got some questions. No, you don't. Yes, I do. NO, you don't. Colonel, the morning Santiago died did you meet with Dr Stone? (Whispers) Jo... 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. In 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. I submit that whoever wrote that memo has never faced the working end of a Soviet-made Cuban AK47 assault rifle. However, the directive having come from the Commander I gave it its due attention. What's your point, Jo? She has no point - she often has no point. Part of her charm. We're going. My point is I think code reds still occur here. Do code reds still happen here? The Colonel doesn't need to answer that. Yes, he does. He REALLY doesn't. Yeah, he REALLY does. Colonel? You know, it just hit me... ..she outranks you, Danny. Yes, sir. Wanna tell you something. Listen up 'cos I really mean this. You're the luckiest man in the world. There's nothing on this earth sexier, believe me, gentlemen, than a woman that you have to salute in the morning. Promote 'em all, I say, 'cos this is true - if you haven't gotten a blow-job 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... Of course, my problem is I'm a colonel. I'll have to take cold showers until they elect some gal President. (Kendrick laughs) I need an answer to my question. 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's an invaluable part of infantry training. If it happens to go on without my knowledge, so be it. I run my unit how I run my unit. If 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 you can come here, flash your badge and make me nervous. Let's go. Colonel, I just need a copy of Santiago's transfer order. What's that? Santiago's transfer order. You guys have paperwork on those things. I 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 any way I can. Thank you. You believe that, don't you, Danny? That I'm here to help you? Of course. Corporal will take you by Personnel on your way out to the flight line and you can have all the transfer orders you want. (Whispers) 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, the bombs, the blood. I don't want money and I don't want medals. What I 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 Jessep, if it's not too much trouble I'd like a copy of the transfer order, sir. No problem. * COMMENTATOR: ..runners don't go. High drive right field! We're gonna have a tied ball game. It's on its way and it is now 10 to 10! And I don't believe it! KNOCK AT DOOR Who is it? GALLOWAY: It's me. Jo! I've really missed you. I was just saying it's been almost three hours... Markinson's disappeared. What? Colonel Markinson's gone UA. Unauthorised absence. I know what it means. When? This afternoon. Some time after we left. 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 said she feels like she's known me for years so I suggested she'd feel more comfortable if I was directly involved. She had Louden sign the papers an hour ago. I suppose it's too much to hope you're making this up to bother me? Don't worry, I won't make a motion for separation. You're still lead counsel. Splendid. I think Kendrick ordered the code red. So do you. Let's go. Sir. Officer on deck. Ten-hut! Kendrick order the code red? Sir? Don't say 'sir' like I asked you if you cleaned the latrine. Did Lieutenant Kendrick order you guys to give Santiago a code red? Yes, sir. Did he? Yes, sir. Mind telling me why the hell you never mentioned this? 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. FUCK you, Harold! All right! At ease. Let's sort this thing out. SHIT! There was a platoon meeting September 6 at 4pm. 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. Then he dismissed the platoon and we 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 16:20. And what happened then? Lieutenant Kendrick ordered us to give Santiago a code red. (Men shout) Jack! Jack! Hang on. They were given an order. Jack, come on. I'll be right back. Where are you going? I'll be right back. When did you know about the order? I didn't. Who's this? Jo Galloway, Downey's lawyer. She's very pleased to meet you. What are you accusing me of, Commander? How long have you known? He didn't. If he did Jack knows he'd be violating the Code of Ethics. Jack's got enough to worry about if our clients plead not guilty and testify they were given an order. Kendrick told them NOT to touch Santiago. That's right. Then he saw Dawson and Downey and ordered a code red. Kendrick says otherwise. Kendrick's lying. Got proof? The defendants. I've got 23 marines NOT accused of murdering a decorated lieutenant. Why'd Markinson go UA? We'll never know. I'll subpoena him. Try, but you won't find him. You know what Markinson did for his first 17 years in the corps? Counterintelligence. Markinson's gone. There is no Markinson. Look, Danny... ..Jessep's star's on the rise. Division will give me room on this to spare Jessep and the corps any embarrassment. How much room? I'll knock it down to involuntary manslaughter. Two years, home in six months. No deal. We're going to court. No, you're not. Why not? 'Cos you'll lose. And Danny knows it. He knows if we go to court I'll go all the way. They'll be charged with the truckload - murder, conspiracy, conduct unbecoming. He's got me by the balls here but Danny knows in court he loses this case. Danny's a talented lawyer. He won't see them go for life if 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!" "Oooh! 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 I'll accept them! But I won't say I'm guilty, sir. Did you... Did she put you up to this? No. We have a code, sir. Well, zip a dee do dah! You and your code plead not guilty, you'll get 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 dishonourably discharged, right, sir? Probably. What do we do then, sir? We joined the marines because we wanted to live by a certain code. And we found it in the corps. Now you're asking us to say we have no honour, to say we're not marines. If the court decides what we did was wrong, I'll accept their punishment. But I believe I was right, sir. I believe I did my job and I won't dishonour myself, my unit or the corps so 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're gonna go in another room. We'd like to go in another room. All right, ma'am. It'll be OK. KAFFEE: Sit down. You don't like me very much, do you? Forget it. Don't answer that. Doesn't matter. (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 all I could. You're going to Leavenworth, and you know what? I don't give a shit! What happened to saluting an officer when he leaves? Open it up. I don't believe it! Dawson's gonna go to jail just to spite me! If he wants to suicide I'm not holding his hand. How do I get him a new lawyer? Tomorrow the judge will ask if you want to enter a plea. Just say you want new counsel assigned. That's that. One thing though. When you ask the judge for new counsel, ask nicely. What do you want from me? I want you to let them be judged. Stand up and make an argument. An argument that didn't work for Calley at My Lai or the Nazis at Nuremberg. For Christ's sake, is that really the same as two teenagers executing an order they never believed would cause harm? They're not the Nazis! Don't look now, 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 psychobabble father bullshit! They'll have their day in court with another lawyer. Another lawyer won't be good enough. They need you. You know they have a case. You know how to win. If you quit now you've sealed their fate. Their fate was sealed the moment Santiago died. Do you believe they have a case? You and Dawson live in the same dream world. It doesn't matter what I BELIEVE. Only what I can prove. So 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. MAN: So I told Duncan, "You take this to court, I'll have to file nine kinds of discovery motions. "And you'll spend a year going blind on paperwork "because an old man misread the Delaware insurance code." So what happened? Calls back, says, "Let's make a deal." * (Coughs) All rise. Where are we? Docket number 411275VR-5. The United States versus 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 US marine. Does the defence wish to enter a plea? Yeah. They're not guilty. Enter a plea of not guilty for the accused. We will adjourn until 10:00, 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 to a murder case? Would it be so it never gets to a courtroom? We'll work at my apartment every night, 7:00pm. Jo, get a carton of legal pads and six boxes each of red and black pens. Sam, start on the preliminary medical profile. Jo, we need all the proficiency and conduct reports on Dawson, Downey and Santiago. I only have Coco Puffs so bring any food you want with you. OK? 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 wanna be found we're not gonna find him. She said I could be Markinson and you wouldn't know. Are you Markinson? Nup. 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 orders, Sam. An illegal order. You think they knew it was illegal? It doesn't matter. Any decent human being would've refused... They're not permitted to question orders. Then what's the secret? What are the magic words? I give orders - nobody... We have softball games and marching bands. They have to wear camouflage or they 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. Let's eat first. What? So you got any kung pao chicken? This is our defence. Intent - no one can prove there was poison on the rag. Code red - they're commonly accepted in Guantanamo Bay. The order - 'A' Kendrick gave it, 'B' they had no choice. What about motive? We're weak on motive - they had one. Doesn't mean they're guilty. We'll deal with the fenceline shooting later. We start with intent. I don't wanna know what made Santiago die. I just wanna show it needn't have been poison. Jo, find out everything you can about lactic acidosis. Dr Hill, this is Lt. Cdr. Galloway with the JAG Corps, Washington. I'm trying to track down a Lt. Col. Matthew Andrew Markinson. Doctor, was there any sign of external damage? No. No scrapes, no cuts? No. Bruises, broken bones? No. Doctor, was there any sign of violence? Other than the dead body? Shit! Walk into that every time. He ordered me and Lance Corporal Dawson to give Willy a code red. Answers still have to come much faster. This Iowa farm boy thing makes him sound like he's searching for the truth. He's right. From now on Willy is Private Santiago. Call him Willy and he's a person with a mother. They drew the court members today. Seven men, two women. Five navy, four marines. All officers with line experience. Neither woman's had children - that's a bad break. My father said jury trials aren't just about the law, they're about assigning blame. These nine people will insist that someone be blamed for Santiago's death. Ross hands them our clients. We hand them Kendrick. This is a sales pitch. It's won by the lawyers, not the law. Remember - poker faces. Don't flinch in court. If we're losing, don't hang your head, don't scribble furiously. You have to look like you knew it was going to happen. When you pass documents... ..do it swiftly, don't look anxious. Don't wear that perfume in court. Wrecks my concentration. Really? I was talking to Sam. What time is it? Time to go home and get some sleep. Yeah. Give me a ride? Sure. You're a good man, Charlie Brown. I'll see you in court, Counsellor. Danny, I... I know what you're going to say. I said some things I didn't mean, so did you. But you're happy I stuck with the case. And if you've gained a certain respect for me, well... ..of course, I'm happy about that. No big deal. You like me but I won't make you say it. I wanted to tell you to wear matching socks tomorrow. OK. Good tip. We're ready. Better believe it. We're gonna get creamed. Lieutenant Kaffee. 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. Flip you for it. CLERK: 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, 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, lactic acidosis, caused his lungs to bleed. He drowned in his own blood and was pronounced dead at 12:37am. 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'll hear from Lance Corporal Dawson and the exact same story you'll 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 to 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 will not have been able to distract you 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 or any intent to kill. Any other argument is futile 'cause it just ain't true. When Dawson and Downey went into Santiago's room it wasn't because of vengeance or hatred. It wasn't to kill or harm. It wasn't because they were looking for kicks. It was what they were ordered to do. Let me say that again. 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 much 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, Dawson and 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, raise your right hand, please. Do you solemnly swear that your testimony will be the truth, the whole truth and nothing but the truth, so help you God? I do. Be seated, please. Would you state your full name and occupation for the record? Robert C. McGuire, special agent, Naval Investigative Service. Thank you. Mr McGuire, did your office receive a letter from a PFC William Santiago on 3 September this year? We did. What did it 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 come and investigate. And what did you find? The shift reported only one sentry returned his weapon with a round of ammunition missing. Who was that? Lance Corporal Harold Dawson. Your witness. Mr McGuire, have you questioned Lance Corporal Dawson about the fenceline shooting? Yes. He claims to have been engaged by the enemy. But you don't believe him? I can't... Lance Corporal Dawson's been charged with several crimes. Why wasn't he charged with firing at the enemy without cause? There wasn't enough evidence to support the charge. Thank you. Mr McGuire, what do 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? No. No more questions. The witness is excused. Corporal Carl Edward Hammaker, Marine Barracks, Rifle Security Company, Windward, 2nd Platoon Bravo. Were you present at a meeting Lieutenant Kendrick held on September 6 with 2nd Platoon members? Yes, sir. What was the substance of that meeting? Lieutenant Kendrick said we had an informer in our group. Private Santiago had ignored the chain of command and reported a platoon member to the NIS. Did that make you mad? You can tell the truth, Corporal. 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 Government counsel honestly asking for testimony as to how my clients felt on September 6? Sustained. Corporal, did Lieutenant Kendrick leave a standing order at that meeting? Yes, sir. What was it? He didn't want us taking matters into our own hands, sir. What was the order? Sir, he said Santiago wasn't to be touched. (Spectators murmur) Your witness. Corporal Hammaker, were you in Dawson and Downey's room five minutes after this meeting? No, sir. Thanks. No more questions. The witness is excused. The Government calls Corporal Raymond Thomas. If it please the court, I understand Captain Ross plans to call all members of Rifle Security Company, Windward. In light of Lieutenant Kaffee's intended defence the platoon leader's explicit instructions seem particularly relevant testimony. The defence will concede that all 22 witnesses will testify substantially as Corporal Hammaker did if the Government concedes that none of them were in Dawson and Downey's room at 16:20. Captain? The Government will stipulate. Then we'll adjourn for the day. Call your next witness tomorrow morning. All rise. I wanna go over the doctor again. I don't think our approach is right. Jo, we've been over this already. Listen. 3:00 Stone says he doesn't know what killed Santiago. Meets with Jessep - at 5:00 says it was poison. He's lying. Phew! I was afraid I wouldn't be able to use the "Liar, liar, pants on fire" defence. We can't prove coercion. Let's go over what we have. OK? * Private Santiago was admitted to the ER at 00:12 and he was pronounced dead at 00:37. Dr Stone, what is lactic acidosis? If muscles and other cells in 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 cells to begin burning sugar instead of oxygen? 20 to 30 minutes. What caused this process to be sped up in Santiago's muscles? An ingested poison of some kind. Your Honour, we object. The witness is speculating. Commander Stone is an expert medical witness. His opinion is not considered speculation. Commander Stone is an internist not a criminologist and the medical facts here are ultimately inconclusive. Which I'm confident you'll illustrate to court members under cross-examination. So I'm sure you'll accept his opinion now. Of course, sir. Dr Stone, did Willy Santiago die of poisoning? Absolutely. You're aware the lab and the coroner's reports show no 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 the fabric. The nature of the acidosis is the compelling factor. Thank you, sir. Commander, is it possible... ..for a person to have some sort of condition which might also 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. Commander, if I had a coronary condition and a clean rag was accidentally pushed too far down my mouth, could my cells continue burning sugar after the rag was removed? It would have to be a very serious condition. Is it possible to have a serious coronary condition where warning signals were so mild as to escape a physician during a routine medical exam? Possibly. There'd still be symptoms though. What kind of symptoms? There are hundreds of... Chest pains? Yes. Shortness of breath? Yes. Fatigue? Of course. Doctor, is this your signature? Yes, it is. This is an order for Santiago to be put on restricted duty. Would you read your handwritten remarks at the bottom, sir? "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 that Santiago had a serious coronary condition and it was that condition, 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. Because if you put a man with a coronary condition on duty with a clean bill of health and he died there would be trouble. ROSS: Object! Move to strike. JUDGE: Sustained. I have no more questions, Your Honour. Dr Stone, you've held a licence to practise medicine for 17 years. You're board-certified in internal medicine. You're Chief of Internal Medicine at a hospital which has served 5,426 people. In your professional medical opinion was Willy Santiago poisoned? Your Honour, we renew our objection and ask that this testimony be stricken from the record. We ask court members to lend no weight to it. The objection's overruled, Counsel. Your Honour, the defence strenuously objects and requests an 802 conference so that His Honour might hear discussion before ruling on this objection. The objection of the defence 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 Willy Santiago poisoned? Yes. Thank you, sir. I have no more questions. Commander, you may step down. If it please the court, we reserve the right to call rebuttal witnesses if necessary. Government rests. We'll stand in recess until 1000, Monday 19 at which time the defence will call its first witness. (Bangs gavel) All rise. "I strenuously object"? Is that how it works? Mmm? "Objection overruled." "Oh, no, no. I STRENUOUSLY object." "Oh, if you STRENUOUSLY object I'll take some time to reconsider." It's on the record. And the court thinks we fear the doctor. You object once so they can hear us say he's not a criminologist. Keep going and our great cross fails. It's the difference between paper and trial law. You had the judge saying Stone's 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 a weakling. That's all they did. The rest's just smoke-filled coffee house 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, all right. Everybody take the night off. I'm sorry. No, I know. We've been working 20-hour-days for three weeks straight. 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 10:00am. 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. His trial starts Monday. TV: One in two with two out. A line drive to left centre. Kirby racing. He won't get there. (Crowd cheers) And rounding third is Cal Ripken. COMMENTARY ON TV CONTINUES KNOCK AT DOOR I'm sorry to bother you. I should have called first. No. 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 it. I wasn't. I've been asked before and that's what it sounded like. Do you like seafood? I know a good seafood place. OK. COUNTRY MUSIC PLAYS (Both giggle) My third case was a drunk and disorderly. It lasted nine weeks. I rounded up 31 people from the bar. Nine weeks on a D and D? What was the prosecutor offering? 15 days. You sure hustled the shit out of him. After that they moved me to Internal Affairs. I don't blame them. Where I've earned two meritorious medals and two letters of commendation. Why are you always giving me your resume? 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 will owe their lives to you. Jo, I think... You should prepare yourself for the fact that we're gonna lose. Ross's opening statement was all true. Let's pretend that it would actually matter to this court if the guys got 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 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. My weapon slipped. It was over 100 degrees and my palms were sweaty. I'd forgotten to use the resin like we were taught. And what happened? That night the guys threw a blanket over me. Punched me in the arm for five minutes, then they poured glue on my hands. It worked too 'cause I ain't never dropped my weapon since. (Clears throat) Was Private Santiago ever late for platoon meetings? Yes, sir. Was his barracks in disorder? Yes, sir. Did he fall back on a run? Always. Did he EVER, prior to the night of September 6, receive a code red? No, sir. Never? No, sir. You got one '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. Too afraid of Dawson, sir. Object! The witness is speculating. I'll rephrase. 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. You've read it? Yes, sir. Good. Turn to the chapter dealing with code reds, please. Sir? Just flip to the page that discusses code reds. Well, sir, code red is a term that we use. I mean, down at Guatmo... We're in luck, then. 'Standard Operating Procedure Rifle Security Company, Guantanamo Bay, Cuba'. I assume we'll find 'code red' in that book. Am I correct? No, sir. No? Corporal Barnes, I'm a marine. Is there no book, manual or pamphlet, orders or regulations that tells me, 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 that says where the mess hall is, please. Lieutenant Kaffee, that's not in the book, sir. You mean to say you've never had a meal? No, sir. Three squares a day, sir. I don't understand. How did you know where the mess was if it wasn't 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. 7:00 tonight we'll do a final Kendrick review. I wanna slam dunk this guy. SONG: # Next time you see me Things won't be the same # Yeah, next time you see me... # Hey, Luther! "Admiral". How's the big case going? Ah, nose to the grindstone. No flies on you. Rolling stone gathers no moss. It ain't over till the fat lady sings. You can say that again. It ain't over... (Both) Till the fat lady sings. Walked into that one. OMINOUS MUSIC (Gasps) 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 two marines' lives are in your hands. I can't do anything about that but I can help you, Lieutenant. What do you know? I know everything. Was it a code red? Yes. Kendrick gave the order? Yes. You witnessed it? No need... Did you witness it? No. Then how do you know? I know. You know shit! He was never going to be transferred off that base. Jessep was keeping him there. He said he wanted him trained. The transfer's got your signature. I know. I signed it the morning you arrived. Five days after Santiago died. I'm gonna get you immunity with the prosecutor. You'll appear as a defence witness and tell the court exactly what you told me. I'm checking you into a motel. We'll 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 have done nor of what I'm doing. * Where is he? The Downtown Lodge in north-east. I want him guarded. Good idea. My clearance code's 411527273. He said... Clearance code? Thanks. I don't have a clearance code. Do you? Danny. I need to secure a witness. He said Jessep's lying about the transportation. Jessep said 6:00am was the first flight Santiago could've left on but there was a plane seven hours earlier. Did you hear what I said? Yes. When a flight takes off there's gotta be a record, right? Yeah, you need the tower chief's log. Get it. We're gonna win! We don't know Markinson or what the log will say. You concentrate on Downey. I'm gonna talk to Ross. Hey, Danny. Nice work today. Redirect on Barnes. (Laughs) I have Markinson. Where is he? Motel room with marshals outside his door. Sip your drink. Transfer Markinson signed - it's phoney. Jessep's statement about the 6:00am flight is a lie. We're checking the tower log. Get you something? Beer, please. I'm gonna put Jon Kendrick on the stand. Have some fun. All right, I'm obliged to tell you if you accuse Kendrick or Jessep of any crime without proper evidence you'll be court-martialled for professional misconduct. And 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 intimidating you. I'm being your lawyer here. Thanks, Jack. I wanna tell you the bunch of you are insane. Your code of honour is shit! Don't lump me with them because we wear the same uniform! I don't think your clients belong in jail. I don't get to make that decision. I represent the Government of the United States without passion or prejudice. And my client has a case. Here you go. I want you to acknowledge that the judge advocate's made you aware of the consequences of accusing a marine officer of a felony without proper evidence. I've been so advised. You got bullied into that courtroom, Danny. (Unfolds money) 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! (People stop talking) Your boys are going down, Danny. I can't stop that any more. Lieutenant Kendrick, in your opinion was Private Santiago a good marine? I'd say he was about average. Lieutenant, you signed three proficiency 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 the man's grave. We appreciate that but you're under oath. Unpleasant as it may be, we'd like the truth. I'm aware of my oath. These are the last three reports you signed for Lance Corporal Dawson. Dawson received two marks of 'exceptional' but on this report dated June 9 he received a rating of 'below average'. It's this report I'd like to discuss. That would be fine. Dawson's ranking after the School of Infantry was perfect. Records indicate half that class was promoted to full corporal while Dawson remains lance corporal. Was Dawson's promotion held up because of this last report? I'm sure it was. Do you recall why Dawson got such a poor grade? I don't. I'm in charge of many men. I write many reports. Lieutenant, do you recall an incident involving a PFC Curtis Bell who'd been found stealing liquor from the officers' club? Yes, I do. Did you report Private Bell to the 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 commander, Colonel Jessep and the Lord our God. I can have the record reflect your lack of acknowledgement of this court as a proper authority. Objection. Argumentative. Sustained. Watch yourself, Counsellor. Did you report Private Bell to your superiors? I remember thinking highly of Private Bell and not wanting his record tarnished by a formal charge. You preferred it to 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 haven't. Did you order Dawson and two other men to ensure Private Bell received no food or drink except water for a period of seven days? That's a distortion of the truth. 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 him. But you did order the barracks restriction, didn't you? You did order 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 here would they consider it a code red? The witness can't possibly testify as to what 478 other men would say. Now, 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'd remind you that you're now questioning an officer with an impeccable service record. ROSS: Thank you, Your Honour. Lieutenant Kendrick, was Dawson rated '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? Lieutenant Kendrick? Dawson brought a hungry guy some fruit. What crime did he commit? He disobeyed an order. And because he exercised his own values, because he made a decision about a marine's welfare that conflicted with your order 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 securing a hill or advancing on a beachhead. I mean, surely a marine of Dawson's intelligence can be trusted to determine himself which are the really important orders and which orders... might, say, be morally questionable? Lieutenant Kendrick? Can he? Can Dawson determine on his own which orders he's going to follow? No, he cannot. A lesson 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 ordered them... ..do you think... ..NOT to touch Santiago! ..he'd 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 Santiago a code red? Lieutenant Kendrick, did... No, I did not. Thank you. What's the word? Well...I got the tower chief's log from that night. Jessep's telling the truth. 6:00am flight was the first plane out. Let me see this. TENSE MUSIC Working late tonight, Lieutenant? Oh, yeah. There was no flight at 11:00pm. What the FUCK are you pulling? The first flight stateside left at 2300. It arrived at Andrews Airforce Base, Maryland just after 2:00 in the morning. Really? Then why isn't it listed in the tower chief's log? Jessep. What are you telling me? He fixed the log book? Maybe he fixed it so a plane didn't take off but I'll prove one landed. I'll get the log book from Andrews. You won't find anything in the Andrews log book either. He can make an entire flight disappear? Jessep's about to be appointed Director of Operations for the National Security Council. You don't get there without knowing how to sidestep landmines. He's not gonna be able to sidestep you. You're still putting me on the stand? Thursday morning, 10:00. There's gotta be someone who can testify to the flight. This isn't TWA. There's no regular flight schedule. You know how many planes take off and land daily? No one's gonna remember a flight from four weeks ago. How do you know? Forget the flight. We'll put Markinson on the stand and deal with Jessep's refusal to transfer Santiago. He'll testify to the forged transfer. That and Downey's testimony ought to be enough. THUNDER RUMBLES Private Downey, why did you go into Santiago's room on the 6th? To give Private Santiago a code red, ma'am. And why did you do that? 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? Absolutely. Remember the question order? Yes. Are you sure? Yes. Use small words. He gets rattled. Jo... I'm just saying go slow. I'm gonna go slow. OK! Get him off fast as you can. JoAnne! What? It's gonna be fine. MARKINSON: Dear Mr and Mrs Santiago... THUNDER RUMBLES ..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 conclude. Seven men and two women whom you've never met will offer you an explanation as to why William is dead. 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 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. THUNDER RUMBLES Private. The week of 2 September, the switch log has you down at post 39 until 1600. Is that correct? It would be, sir. They keep that log pretty good. How far is it from post 39 to the Windward barracks? Oh, it's a way, sir. It's a hike. About how far by jeep? About 10, 15 minutes, sir. Have you ever had to walk it? Yes, sir. That day, sir. Friday. The pick-up private... That's the guy who drops us at our post - he can get girls in New York City. The pick-up private got a flat, sir. Right at 39. Blow-out with no spare. We double-timed it back to the barracks. And if it's about 10 or 15 minutes by jeep, I'm guessing it must be a good hour by foot. Pick-up and me did it in 45 flat, sir. Not bad. You've said that your assault on Private Santiago was the 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? You see, sir, there was a blow-out... Private, 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 a recess to confer with my client. Why did...? The witness has rights! His rights were read, Commander. JUDGE: Repeat the question. Why did you go into Santiago's room? Hal. Did Dawson tell you to give Santiago a code red? Hal... Don't look at him! Hal! Private, answer the captain's question. Yes, Captain. I was given an order by my squad leader Lance Corporal Harold W. Dawson, US Marine Corps, and I followed it. THUNDER BOOMS * THUNDER BOOMS Where do you think he is? As far as Downey's concerned it was an order from Kendrick. It doesn't matter that he didn't hear it first-hand. DOOR OPENS Danny, I'm sorry. Don't worry about it. Sam and I were saying that we just have to call witnesses who'll talk about implied orders. Maybe put Downey back before Dawson. Maybe if we work at it we could get Dawson charged with the Kennedy assassination. Are you drunk? Pretty much. Yeah. I'll put on coffee. We've got a long night's work. 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 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 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. Look, 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 Jessep. What? Listen for a second. No. Hear me out! I won't listen or hear you out. Your passion is compelling, Jo. It's also useless. Louden Downey needed a trial lawyer today. You chicken shit. You're gonna use today as an excuse to give up? It's over. Why did you ask Jessep for the transfer order? What? In Cuba. Why...? What does it matter? Why? 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 Jessep's reaction. You had an instinct and it was confirmed by Markinson. Dammit! Put Jessep on the stand and end this thing! What possible good could come from putting Jessep on the stand? He told Kendrick to order the code red. He did?! That's great! Why didn't you say so? And you have proof of that! Oh, I keep forgetting - you were sick the day they taught law. You put him on the stand and get it from him. Oh! We get it from him. Yes! No problem. Colonel Jessep, isn't it true that you ordered the code red on Santiago? Listen, we're all... BUZZ! I'm sorry. Your time's run out. What do we have for the losers, Judge? For our defendants it's a lifetime at exotic Fort Leavenworth. And, for Defence Counsel Kaffee... That's right! 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 Rocko 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. Stop cleaning up. Sam, stop cleaning up. You 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 neighbours, 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. 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 a choice between you or your father to represent me in this case, I'd choose you. You should've 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. But here's the thing, and there's really no way of getting around this - neither Lionel Kaffee nor Sam Weinberg are lead counsel for the defence in the matter of US versus Dawson and Downey. So there's really only one question. What would you do? DRAMATIC MUSIC PLAYS Jo! JoAnne! Jo, get in the car. JoAnne, please get in the car. Look... JoAnne... JoAnne. Jo, I apologise. I was angry. I'm sorry about what I said. I'm gonna put Jessep on the stand! BIRDS TWITTER SAM: All right, what do you suggest we do? We hit Jessep with the phoney transfer order. What's that without a witness? We have a witness. A dead witness. For a lesser attorney, that'd be a problem. Last night he's swimming in Jack Daniels, 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, our clients followed the order. The cover-up isn't our case. To win, Jessep must tell the court he ordered the code red. And now you think he'll say it? He WANTS to say it. He's pissed off he's gotta hide from this. He wants to say that he made a command decision. He eats breakfast 300 yards away from 4,000 Cubans trained to kill him and no one's gonna tell him how to run his unit, especially the Harvard mouth in his faggoty white uniform. I'll put him on the defensive, lead him right where he's dying to go. That's it? That's the plan? That's the plan! How you gonna do it? I have no idea. I need my bat. Your what? I think better with my bat. I put it in the closet. 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. DRAMATIC MUSIC PLAYS RINGING TONE Hello. Sam. I need you to do something for me. What's going on? I gotta go out to Andrews. * Where's Sam? He's on his way. Did he get the guys? Yeah. Listen, could I talk to you for a second? Yeah. Sure. How you feeling? Well, I think Jessep's gonna have his hands full today. Listen, Danny. When you're out there today, if... you feel like it's not gonna happen, 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 trouble. Lieutenant Commander Galloway, you're not suggesting that I back off a material witness? If you think you can't get him, yeah. CLERK: All rise! Where's Sam? He's on his way. JUDGE: Call your first witness. Where is he? He'll be here. Don't worry. Lieutenant, call your witness. Defence calls Colonel Nathan Jessep. Colonel Jessep, would you raise your right hand, please, sir? Do you solemnly swear that the testimony you give in this general court martial will be the truth, so help you God? Yes, I do. Have a seat, please, sir. Would you state your name, rank and current billet for the record, please, sir? Colonel Nathan R. Jessep, 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 NIS, you met 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 defence counsel's implying. I'm implying simply that at present Colonel Markinson is not alive. Surely Colonel Jessep doesn't need to appear in this courtroom to confirm that information. I just wasn't sure if the witness is aware that the colonel took his own life. 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, at this meeting you gave Lieutenant Kendrick an order. Is that right? I told Kendrick to tell his men that Santiago wasn't to be touched. And did you give an order to Colonel Markinson? 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 Colonel 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 off the base. You flew up to Washington early this morning, is that right? Yes. I notice you're wearing your Class 'A' dress uniform. As are you, Lieutenant. Did you wear that on the plane? Is this dialogue relevant...? Defence didn't have an opportunity to depose this witness. I'd ask for a little latitude. A very little latitude. Colonel? I wore utilities on the plane. You brought your dress uniform with you? Yes. Toothbrush, shaving kit, change of underwear? Your Honour! Is the colonel's underwear a matter of national security? Gentlemen! You'd 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 6th, Santiago's barracks room was sealed off and its contents inventoried. Four pairs camouflage pants, three long-sleeved 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. We'll get back to that one in a minute. Here's a record of all telephone calls made from your base in the past 24 hours. After being subpoenaed to Washington, you made three calls. Do you recognise those numbers, sir? I called Colonel Fitzhughes in Quantico, Virginia - 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. Your Honour... I'll stop this. These are the telephone records from Guatmo 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. He was asleep in his bed at midnight, and according to you, getting on a plane in six hours. Yet everything he owned was hanging in his closet and folded neatly in his foot locker. You were leaving for one day - you packed a bag, made three phone 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? Your Honour, it's obvious Lieutenant Kaffee's intention is to smear a high-ranking marine officer in the desperate hope the mere appearance of impropriety will win points. It's my recommendation that Lieutenant Kaffee be reprimanded for his conduct and the witness be excused with the court's deepest apologies. Overruled. Your Honour! Your objection is noted. Colonel? (Chuckles) 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 packed 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 foot lockers? 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, Counsellor? JUDGE: 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? He should address me as 'Colonel' or 'sir'. I believe I've earned it. JUDGE: The defence counsel will address the witness as 'Colonel' or 'sir'. I don't know what kind of unit you're running. The witness will address this court as 'Judge' or 'Your Honour'. I'm quite certain I'VE earned it. Take your seat, Colonel. What do you want to discuss now? My favourite colour? Colonel, the 6:00am flight was the first out? Yes. There wasn't one seven hours earlier that landed at Andrews at 2:00am? Lieutenant, I think we've covered this, haven't we? Your Honour, these are the tower chief's logs from both Guantanamo Bay and Andrews Airforce Base. The Guantanamo log lists no flight leaving 11:00pm. The Andrews log lists no flight landing 2:00am. I admit them as defence exhibits Alpha and Bravo. You're admitting evidence of a flight that never existed. We believe it did, sir. Defence will call airmen Cecil O'Malley and Anthony Rodriguez. They were working as ground crew at Andrews at 2:00am. They weren't on the list. Rebuttal witnesses, Your Honour, 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! Oh, we'll get to the airmen in just a minute, sir. You said you ordered Lieutenant Kendrick to tell his men that Santiago wasn't to be touched. That's right. 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? No. Any chance he left your office saying, "The old man is wrong"? No. When Lieutenant Kendrick spoke to the platoon ordering 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? No, sir. Ever put your life in another man's hands? Asked him to put his life 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. Colonel, 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 transferred... That's not what you said. You said he was being transferred because he was in danger. You said, "danger". I said, "grave danger?"... I recall. The court reporter can read back... I know what I said. I don't need... Why the two orders? Colonel? Sometimes men take matters into their own hands. Your men NEVER take matters into their own hands. They follow orders or people die. Santiago shouldn't have been in danger, should he? You snotty little bastard. ROSS: I request a recess. I'd like an answer, Judge. 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? Colonel? Lieutenant Kendrick ordered a code red because YOU told him to. Object! When it went bad you cut these guys loose. You had Markinson sign a phoney transfer. Your Honour... You doctored the log books. JUDGE: Consider yourself in contempt. Colonel Jessep, did you order the code red?! You don't have to answer. I'll answer the question. You want answers? I'm entitled. You want answers? I WANT THE TRUTH. You can't handle the truth. Son, our world has walls that 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. Santiago's death - while tragic - probably saved lives. My existence, while grotesque and incomprehensible to you, saves lives. You don't want the truth because deep down in unspeakable places you WANT me on that wall. You NEED me on that wall. We use words like 'honour', 'code', 'loyalty'. These words are 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 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 left. Otherwise, I suggest you take 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 IT? YOU'RE GODDAMNED RIGHT I DID! Please the court, I suggest the members be dismissed so we can move to an immediate Article 39(a) session. The witness has rights. Captain Ross? Jack? Court members will retire to an anteroom until further instructed. CLERK: All rise. What the hell is this? What is this? I did my job. I'd do it again. I'm going to take a plane back to my base. You're not going anywhere, Colonel. (Calls out) MPs, guard the colonel. MP: 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?! ..prior to further questions. This is funny. That's what this is. ..at your own expense... I'll poke your eyes out and piss in your skull! You fucked with the wrong marine. ROSS: Colonel Jessep, do you understand these rights as I have read them to you? 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. CLERK: All rise. Have the members 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 hereby sentenced to time already served and you are ordered to be dishonourably discharged from the Marine Corps. This court martial is adjourned. (Strikes gavel) CLERK: All rise. What does that mean? Hal. What did that mean? I don't understand what... Colonel Jessep said he ordered the code red. GALLOWAY: I know. Jessep 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. Lieutenant Kaffee, I have to take these men over to personnel for some paperwork. QUIET MUSIC PLAYS Harold. Sir. You don't need to wear a patch on your arm to have honour. Ten-hut! There's an officer on deck. Airmen O'Malley and Rodriguez - what exactly were these guys going to testify to? Unless I'm mistaken, they were going to testify that they had absolutely no recollection of anything. Strong witnesses. And handsome, too. I'll see you around. I gotta arrest Kendrick. Tell him I say 'hi'. Will do. MAJESTIC MUSIC PLAYS MUSIC SWELLS TRIUMPHANTLY Subtitles Copyright 1995 Australian Caption Centre. Captions were made with the support of NZ On Air. www.able.co.nz Able 2018